25AEvidence of speed of vehicles—use of speed measuring devices

#### 25A Evidence of speed of vehicles—use of speed measuring devices (1) In this regulation, unless the contrary intention appears: > AS 4691.1 ‑ 2003 means the Australian Standard, Laser‑based speed detection devices, Part 1: Definitions and device requirements, published by Standards Australia on 12 August 2003. > authorised tester means a person holding an appointment under subregulation (4). > laser‑based device means a device, for measuring the speed of vehicles, of the type known as The Kustom Prolaser II or LTI 20‑20 TruSpeed. > radar device means a device, for measuring the speed of vehicles, of the type known as The Kustom Falcon. > registration number, in relation to a vehicle, means the figures, letters or figures and letters appearing on a number‑plate affixed to the vehicle, and issued or apparently issued by a competent authority or officer of the Commonwealth or a State or Territory. > relevant occasion means an occasion mentioned in subregulation (2) and concerning which evidence is adduced or sought to be adduced in proceedings mentioned in that subregulation. > speed measuring device means a device for measuring the speed of vehicles that is: (a) a laser‑based device; or (b) a radar device. > vehicle means a motor‑powered vehicle, and includes a service vehicle. (2) Subject to subregulation (3), in proceedings before a court martial or Defence Force magistrate for an offence in which the speed of a vehicle on an occasion is a relevant fact or issue, evidence of the speed of the vehicle as measured on that occasion by means of a speed measuring device is evidence of the speed of the vehicle on that occasion. (3) Subregulation (2) does not apply unless the court martial or Defence Force magistrate that is hearing the proceedings is satisfied that: (a) the speed measuring device that was operated on the relevant occasion was, not more that 12 months before that occasion, tested in accordance with subregulation (5) or (5A), and met the criteria specified in paragraph (5) (a) or (5A) (a) when so tested; (b) the device was, upon completion of that test, sealed in accordance with subregulation (6); and (c) on the relevant occasion the device was operated in accordance with subregulation (7) or (7A). (4) An officer, not below the rank of brigadier, commodore or air commodore, may by instrument in accordance with Form 6 appoint an electrical engineer or an electronic technician as an authorised tester for the purposes of this regulation. (5) The requirements for testing a radar device are: (a) that the test is such as will ensure, with respect to the speed computing components of the device, that the device (if it passes the test) meets the following criteria: (i) the circuit is in accordance with the manufacturer’s circuit design, or any modification to that design approved by the manufacturer; (ii) the device is in a satisfactory electrical condition and a satisfactory state of maintenance; and (iii) the device is properly calibrated, and the frequencies at which the calibration is effected produce speed readings, within a limit of error plus or minus 2 kilometres per hour of true speeds, determinable from those frequencies; (b) that the person who conducts the test forthwith makes, signs and dates a statement containing the following information derived from the test: (i) the speeds at which the calibration was effected and the number of times at each speed that the calibration was effected; (ii) the type of the device; (iii) the identification number or symbols of the device; (iv) the date of the test; (v) the ambient temperature at the time of the test; and (vi) any other results of the test and any comments of that person on the test or its results; and (c) that the person who conducts the test is an authorised tester. (5A) The requirements for testing a laser‑based device are: (a) that the test is such as will ensure that the device (if it passes the test) meets the following criteria: (i) the optical output power of the device is within the specification provided by the manufacturer of the device, or any modification to that design approved by the manufacturer; (ii) the device is properly calibrated in accordance with the manufacturer’s instructions, and the frequencies at which the calibration is effected produce the following readings determinable from those frequencies: (A) for speed—within a limit of error plus or minus 2 kilometres per hour of true speeds; (B) for range—within a limit of accuracy of error plus 0.3 metres, or minus 0.4 metres (or plus 1 foot, or minus 2 feet), for both the short range and long range tests, and using either the simulator or physical method mentioned in AS 4691.1 ‑ 2003; and > Note: Appendix A of AS 4691.1 ‑ 2003 sets out the simulator method of testing laser‑based speed detection devices, and Appendix C sets out the physical method. (b) that the person who conducts the test makes, titles and dates a report containing the following information: (i) a unique reference number identifying the report; (ii) the date of the test; (iii) the name and address of the laboratory that performed the test; (iv) the identification number or symbols of the device that was tested; (v) any other results of the test and any comments of that person on the test or its results; and (c) that the person who conducts the test is an authorised tester. (6) The requirements for sealing a speed measuring device are: (a) that the person who seals the device conducted the test of the device in accordance with subregulation (5) or (5A); (b) that the device met the criteria specified in paragraph (5) (a) or (5A) (a) during the test; and (c) that that person upon completion of the test seals the device in such a way as to prevent the device being tampered with or interfered with without breaking the seal. (7) The requirements for operating a radar device are: (a) that the seal on the device is intact; (b) that the digital speed display of the device when connected to a source of electric power displays a reading of (888); (c) that the doppler audio signal of the device is set at a level clearly audible to the operator; (d) that the operator operates the device with the device aimed in the direction of the vehicle whose speed is to be measured while that vehicle is in the operator’s line of vision; (e) that while the device is so aimed the operator reads the speed displayed on the digital speed display of the device; (f) that as soon as practicable the operator records: (i) the speed so displayed; and (ii) the make and registration number of the vehicle whose speed was so measured; and (g) that the operator is a police member. (7A) The requirements for operating a laser‑based device are: (a) the operator of the device must be a police member; and (b) for the Kustom Prolaser II—at the start and the end of each shift in which the device is used, the operator must test the device by performing the following checks, in accordance with the manufacturer’s instructions: (i) an instrument confidence check; (ii) a calibration verification check; (iii) a scope alignment check; and (c) for the LTI 20‑20 TruSpeed—at the start and the end of each shift in which the device is used, the operator must test the device by performing the following tests, in accordance with the manufacturer’s instructions: (i) an initialization and display segments test; (ii) a scope alignment test; (iii) a fixed distance/zero velocity test. (8) The production to a court martial or Defence Force magistrate of a document of appointment in accordance with Form 6 purporting to be signed by an appointing officer mentioned in subregulation (4) and dated not later than the day on which the relevant testing of a speed measuring device was conducted is evidence that the person appointed by the document was, on that day, an authorised tester. (9) The production to a court martial or Defence Force magistrate of a certificate in accordance with Form 7, and a statement made or apparently made in accordance with paragraph (5) (b) or (5A) (b), in relation to a speed measuring device, both purporting to be signed by a person who was an authorised tester on the day mentioned in subregulation (8), is evidence: (a) that the speed measuring device of the type, and bearing the identification number or symbols, mentioned in those documents was, on the date of those documents, tested in accordance with subregulation (5) or (5A), and when so tested met the criteria specified in paragraph (5) (a) or (5A) (a); and (b) that the device was, upon completion of that test, sealed in accordance with subregulation (6). (10) The production to a court martial or Defence Force magistrate of a certificate in accordance with Form 8 purporting to be signed by a police member is evidence that, on the date and at the time and place mentioned in the certificate: (a) the speed measuring device of the type, and bearing the identification number or symbols, mentioned in the certificate was operated in accordance with subregulation (7) or (7A); (b) the speed of a vehicle was measured by means of a speed measuring device and that the speed was the speed set out in the certificate; and (c) the vehicle whose speed was so measured was the vehicle of the make, and bearing the registration number, set out in the certificate.