Subdiv 3Operation and testing of photographic detection devices

Subdivision 3—Operation and testing of photographic detection devices 32—Operation and testing of photographic detection devices referred to in regulation 29(1)(a) for offences committed at intersections, marked foot crossings or level crossings (1) In this regulation— red traffic light means a red traffic light or red traffic arrow as defined in the Australian Road Rules; relevant offence means— (a) a red light offence; or (b) a speeding or extreme speeding offence; or (c) a red light offence and a speeding or extreme speeding offence arising out of the same incident, committed at an intersection, marked foot crossing or level crossing. (2) Where a photographic detection device referred to in regulation 29(1)(a) is used to provide evidence of relevant offences, the following provisions must be complied with: (a) the camera or cameras forming part of the device must be positioned and aimed so that when vehicles are proceeding into the intersection, or over the marked foot crossing or level crossing, as the case may be, a photograph or series of photographs may be taken of the vehicles from the rear, at least 1 of which will depict the traffic lights or twin red lights towards which the vehicles are facing when proceeding towards the intersection or crossing; (b) the induction loop vehicle detector (induction loop) must be installed— (i) in the case of an intersection or marked foot crossing—under the road surface on the intersection or crossing side of the stop line before which vehicles must stop if the traffic lights referred to in paragraph (a) are showing a red traffic light; or (ii) in the case of a level crossing—under the road surface on the crossing side of the entrance to the crossing; (c) if the device is used to provide evidence of speeding or extreme speeding offences, the device must be programmed and set to operate, and the induction loop and the traffic lights or twin red lights referred to in paragraph (a) must be linked up with the device, so that if a vehicle is detected by the device passing over the induction loop at a speed equal to or greater than a speed set on the device, at least 2 electronic records are made of that vehicle from the rear— (i) at least 1 of which is made following a programmed delay after the first is made; and (ii) on at least 1 of which is recorded the speed of the vehicle as detected by the device; and (iii) on each of which is recorded the date, time and code for the location at which the record is made, together with the lane in which the vehicle is travelling; (d) if the device is used to provide evidence of red light offences, the device must be programmed and set to operate, and the induction loop and the traffic lights or twin red lights referred to in paragraph (a) must be linked up with the device, so that, following a programmed delay after the traffic lights commence showing a red traffic light, or the twin red lights commence operating, as the case may be, if a vehicle is detected by the device passing over the induction loop while the red traffic light is showing, or the twin red lights are operating, as the case may be, at least 2 electronic records are made of that vehicle from the rear— (i) the first of which is made following the detection of the vehicle by the device; and (ii) at least 1 of which is made following a programmed delay after the first is made; and (iii) on each of which is recorded the date, time and code for the location at which the record is made, together with the lane in which the vehicle is travelling; (e) if the device is used to provide evidence of red light offences and speeding or extreme speeding offences arising out of the same incidents, the device must be programmed and set to operate, and the induction loop and the traffic lights or twin red lights referred to in paragraph (a) must be linked up with the device, so that, following a programmed delay after the traffic lights commence showing a red traffic light, or the twin red lights commence operating, as the case may be, if a vehicle is detected by the device passing over the induction loop while the red traffic light is showing, or the twin red lights are operating, as the case may be, at least 2 electronic records are made of that vehicle from the rear— (i) the first of which is made following the detection of the vehicle by the device; and (ii) at least 1 of which is made following a programmed delay after the first is made; and (iii) on at least 1 of which is recorded the speed of the vehicle as detected by the device; and (iv) on each of which is recorded the date, time and code for the location at which the record is made, together with the lane in which the vehicle is travelling; (f) once in every year while the device is being used to provide evidence of speeding or extreme speeding offences— (i) a test must be carried out (by reference to a speed not exceeding the speed limit applying to drivers driving vehicles through the intersection or crossing) to ensure that the device— (A) detects a vehicle passing over the induction loop and indicates the speed of the vehicle as detected by the device; and (C) makes at least the number of electronic records of the detected vehicle, from the direction and with the recorded information, referred to in paragraph (c) or (e); and (B) is set to make at least the number of electronic records, from the direction and with any speed set on the device or programmed delay, referred to in paragraph (c) or (e); and (iii) if a fault is indicated by a test referred to in subparagraph (i), corrective action must be taken and the test must be repeated until no fault is indicated; and (iv) if a fault is indicated by a check referred to in subparagraph (ii), corrective action must be taken until no fault is indicated; (g) once in every year while the device is being used to provide evidence of red light offences— (i) a test must be carried out to ensure that the device— (A) detects a vehicle passing over the induction loop; and (C) makes at least the number of electronic records of the detected vehicle, from the direction and with the recorded information, referred to in paragraph (d) or (e); and (B) is set to make at least the number of electronic records, from the direction and with any programmed delay, referred to in paragraph (d) or (e); and (iii) if a fault is indicated by a test referred to in subparagraph (i), corrective action must be taken and the test must be repeated until no fault is indicated; and (iv) if a fault is indicated by a check referred to in subparagraph (ii), corrective action must be taken until no fault is indicated; (h) if that part of the road surface under which the induction loop is installed has 2 or more lanes for vehicles travelling in the same direction, a test referred to in paragraph (f)(i) or (g)(i) is required to be carried out in relation to each such lane once in every year; (i) if— (ii) an electronic record referred to in paragraph (c), (d) or (e) made by the device, indicates a fault that has affected the proper operation of the device as required by these regulations, any electronic record affected by the fault must be rejected for evidentiary purposes; (j) the accuracy with which the device detects vehicle speeds must be tested on the day on which it is used (or on a day within the period of 1 year immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act. (3) Where a photographic detection device referred to in regulation 29(1)(a) is used to provide evidence of reckless, dangerous or careless driving offences or registration offences committed at an intersection, marked foot crossing or level crossing, the provisions of subregulation (2) must be complied with. 33—Operation and testing of photographic detection devices referred to in regulation 29(1)(a) or (b)(iii) for offences committed other than at intersections, marked foot crossings or level crossings (1) Where a photographic detection device referred to in regulation 29(1)(a) or (b)(iii) is used to provide evidence of speeding or extreme speeding offences committed other than at an intersection, marked foot crossing or level crossing (not being evidence of the average speed of vehicles between 2 average speed camera locations), the following provisions must be complied with: (b) the camera or cameras forming part of the device must be positioned and aimed, and the induction loop linked up, so that when vehicles proceed over or continue past that part of the road under which the induction loop is installed, a photograph or series of photographs may be taken of the vehicles from the front or from the rear; (c) the device must be programmed and set to operate so that if a vehicle is detected by the device passing over the induction loop at a speed equal to or greater than a speed set on the device, at least 2 electronic records are made of that vehicle from the front or from the rear— (i) at least 1 of which is made following a programmed delay after the first is made; and (ii) on at least 1 of which is recorded the speed of the vehicle as detected by the device; and (iii) on each of which is recorded the date, time and code for the location at which the record is made, together with the lane in which the vehicle is travelling; (d) subject to paragraph (e), once in every year— (i) a test must be carried out (by reference to a speed not exceeding the speed limit applying to drivers driving vehicles on the length of road under which the induction loop is installed) to ensure that the device— (A) detects a vehicle passing over the induction loop and indicates the speed of the vehicle as detected by the device; and (C) makes at least the number of electronic records of the detected vehicle, from a direction and with the recorded information, referred to in paragraph (c); and (B) is set to make at least the number of electronic records, from a direction and with any speed set on the device or programmed delay, referred to in paragraph (c); and (iii) if a fault is indicated by a test referred to in subparagraph (i), corrective action must be taken and the test must be repeated until no fault is indicated; and (iv) if a fault is indicated by a check referred to in subparagraph (ii), corrective action must be taken until no fault is indicated; (e) if that part of the road surface under which the induction loop is installed has 2 or more lanes for vehicles travelling in the same direction, the test referred to in paragraph (d)(i) is required to be carried out in relation to each such lane once in every year; (f) if— (ii) an electronic record referred to in paragraph (c) made by the device, indicates a fault that has affected the proper operation of the device as required by these regulations, any electronic record affected by the fault must be rejected for evidentiary purposes; (g) the accuracy with which the device detects vehicle speeds must be tested on the day on which it is used (or on a day within the period of 1 year immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act. (2) Where a photographic detection device referred to in regulation 29(1)(a) or (b)(iii) is used to provide evidence of reckless, dangerous or careless driving offences or registration offences committed other than at an intersection, marked foot crossing or level crossing, the provisions of subregulation (1) must be complied with. 34—Operation and testing of photographic detection devices referred to in regulation 29(1)(b)(i) or (ii) for offences committed other than at intersections, marked foot crossings or level crossings (1) Where a photographic detection device referred to in regulation 29(1)(b)(i) or (ii) is used to provide evidence of speeding or extreme speeding offences committed other than at an intersection, marked foot crossing or level crossing, the following provisions must be complied with: (b) if a piezoelectric traffic sensor (piezo strip) forms part of the device, the piezo strip must be installed under the surface of the road together with the induction loop; (c) the camera or cameras forming part of the device (other than a closed‑circuit television camera) must be positioned and aimed, and the induction loop and the piezo strip (if any) linked up with the other parts of the device, so that when vehicles proceed over or continue past the part of the road under the surface of which the induction loop and the piezo strip (if any) is (or are) installed, a photograph or series of photographs may be taken of the vehicles; (d) the Variable Speed Limit Sign (VSLS) must be— (i) installed so that a speed limit sign displayed by the VSLS applies for the purposes of the Australian Road Rules (whether some or all of the time) to the length of road under the surface of which the induction loop and the piezo strip (if any) is (or are) installed; and (ii) linked up with the other parts of the device so that the speed limit (if any) indicated by the VSLS, and any changes in that speed limit, may be noted by, and used for the purposes of the operation of, the device; (e) the closed‑circuit television camera must be positioned and aimed, and linked up with the other parts of the device, so that a video recording directed at the speed limit (if any) indicated by the VSLS referred to in paragraph (d) may be made; (f) the device must be programmed and set to operate so that if a vehicle is detected by the device passing over the induction loop and the piezo strip (if any) at a speed equal to or greater than a speed set on the device (being a speed set for all vehicles or for vehicles of a class, whether determined according to the number of axles of a vehicle or otherwise, that includes the detected vehicle)— (i) at least 2 electronic records are made of the vehicle— (A) at least 1 of which is made following a programmed delay after the first is made; and (B) on at least 1 of which is recorded— • the speed of the vehicle as detected by the device; and • the speed limit (if any) indicated at that time by the VSLS referred to in paragraph (d) as noted by the device and the period for which that noted speed limit has remained constant; and (C) on each of which is recorded the date, time and code for the location at which the record is made, together with the lane in which the vehicle is travelling; and (ii) the following additional electronic records are made: (A) a record containing a portion of the video recording referred to in paragraph (e), being a portion of that recording for a programmed period preceding the detection of the vehicle, on which is recorded the date and start and end times for the video recording; (B) a record containing a still image taken from that portion of video recording, on which is recorded the information referred to in paragraph (f)(i)(C); (g) subject to paragraph (h), once in every year— (i) a test must be carried out (by reference to a speed not exceeding the speed limit applying to drivers driving vehicles on the length of road under the surface of which the induction loop and the piezo strip (if any) is (or are) installed, and by reference to a vehicle of any number of axles) to ensure that the device— (A) detects a vehicle passing over the induction loop and indicates the speed of the vehicle as detected by the device; and (B) if a piezo strip forms part of the device—detects the vehicle passing over the piezo strip and correctly indicates the number of axles of the vehicle so detected; and (C) correctly indicates the lane in which the vehicle is travelling; and (D) correctly notes the speed limit (if any) indicated by the VSLS referred to in paragraph (d); and (E) makes at least the number of electronic records of the detected vehicle, with the recorded information, referred to in paragraph (f)(i); and (F) makes a video recording of a kind referred to in paragraph (f)(ii)(A); and (G) makes an electronic record containing a still image in accordance with paragraph (f)(ii)(B); and (B) is set to make at least the number of electronic records, with any speed set on the device or programmed delay, referred to in paragraph (f) (other than paragraph (f)(ii)); and (iii) if a fault is indicated by a test referred to in subparagraph (i), corrective action must be taken and the test must be repeated until no fault is indicated; and (iv) if a fault is indicated by a check referred to in subparagraph (ii), corrective action must be taken until no fault is indicated; (h) if that part of the road surface under which the induction loop and the piezo strip (if any) is (or are) installed has 2 or more lanes for vehicles travelling in the same direction, the test referred to in paragraph (g)(i) is required to be carried out in relation to each such lane once in every year; (i) if— (ii) any electronic record referred to in paragraph (f) made by the device, indicates a fault that has affected the proper operation of the device as required by these regulations, any electronic record affected by the fault must be rejected for evidentiary purposes; (j) the accuracy with which the device detects vehicle speeds must be tested on the day on which it is used (or on a day within the period of 1 year immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act. (2) Where a photographic detection device referred to in regulation 29(1)(b)(i) or (ii) is used to provide evidence of reckless, dangerous or careless driving offences or registration offences committed other than at an intersection, marked foot crossing or level crossing, the provisions of subregulation (1) must be complied with. 35—Operation and testing of photographic detection devices referred to in regulation 29(1)(c) (1) Where a photographic detection device referred to in regulation 29(1)(c) is used to provide evidence of speeding or extreme speeding offences, the following provisions must be complied with: (a) the device must be programmed, positioned and set to operate so that when the device registers a vehicle as proceeding at a speed equal to or greater than a speed set on the device— (i) the camera forming part of or linked to the device makes an electronic record of that vehicle from the front or from the rear; and (ii) the date, time and code for the location at which the electronic record is made, together with the speed and direction of travel of the vehicle as registered by the device, are recorded on the electronic record; (b) after the device is set up at a given location, or recording media is inserted into the device at that location or the device is relocated with recording media in place— (i) a test must be carried out to ensure that when the device detects a vehicle on the length of road in relation to which the device is intended to operate it displays an electronic record of the detected vehicle from the front or from the rear on which is recorded— (A) the date, time and code for the location at which the record is made (as set on the device); and (B) the speed and direction of travel of the vehicle as registered by the device, whether or not that record is thereafter retained by the device; and (B) has a speed set on the device in accordance with paragraph (a); (c) the test referred to in paragraph (b)(i) and the check referred to in paragraph (b)(ii)(A) must be repeated before the device is removed from a given location; (d) if— (ii) an electronic record made by the device, indicates a fault that has affected the proper operation of the device as required by this regulation, any electronic record affected by the fault must be rejected for evidentiary purposes; (e) if a photograph produced from an electronic record obtained in accordance with the provisions of paragraph (a) depicts the whole or part of more than 1 vehicle— (i) in the portion of the photograph in which the vehicle whose speed is being registered by the device should be depicted, being the portion that is both— (A) between 2 yellow lines; and (B) within a green ellipse, indicated on the photograph; and (ii) travelling in the direction recorded on the electronic record as the direction of travel of the vehicle whose speed is being registered, that photograph must be rejected for evidentiary purposes; (f) the accuracy with which the device registers vehicle speeds must be tested on the day on which it is used (or on the day immediately preceding that day) in accordance with— (i) the appropriate Australian Standard for testing the device, as in force on the day of testing; or (ii) if there is no appropriate Australian Standard for testing the device in force on the day of testing—the manufacturer's specifications, with a view to the issuing of a certificate under section 175(3)(baaa) of the Act. (2) Where a photographic detection device referred to in regulation 29(1)(c) is used to provide evidence of reckless, dangerous or careless driving offences or registration offences, the provisions of subregulation (1) must be complied with. 36—Operation and testing of average speed cameras (1) Where a photographic detection device that is an average speed camera is used to provide evidence of speeding offences (being evidence of the average speed of vehicles between 2 average speed camera locations), the following provisions must be complied with: (b) the camera or cameras forming part of the device at a given location must be positioned and aimed, and the induction loop linked up with the other parts of the device, so that when vehicles approach or pass the stub line at the average speed camera location, a photograph or series of photographs may be taken of the vehicles from the front or from the rear; (c) the device must be programmed and set to operate so that— (i) if a vehicle is detected by the device passing over the induction loop at or near a start location, at least 1 electronic record of the vehicle (on which is recorded the date, time and code for the location) is made from the front or from the rear before the whole of the vehicle passes the stub line at that location; and (ii) if a vehicle is detected by the device passing over the induction loop at or near an end location, at least 1 electronic record of the vehicle (on which is recorded the date, time and code for the location) is made from the front or from the rear when or after any part of the vehicle reaches the stub line at that location; (d) once in every year— (i) a test must be carried out (whether or not by reference to the same vehicle) to ensure that the device— (A) detects a vehicle passing over the induction loop at the start location, and detects a vehicle passing over the induction loop at the end location; and (B) makes at least the number of electronic records of a detected vehicle, with the recorded information, from a direction and at the locations, referred to in paragraph (c); and (ii) a check must be carried out to ensure that— (A) the correct codes for the start and end locations are set on the device; and (B) the device is set to make at least the number of electronic records from a direction, and at the locations, referred to in paragraph (c); (e) at least once in relation to each day (either on the day or else subsequently by reference to records created on the day by the device), a check must be carried out to ensure that— (i) the correct date; and (ii) the correct time (being Australian Central Standard Time or Australian Central Daylight Time determined with the accuracy specified in regulation 38(1)(c)), are set on the device; (f) if a fault is indicated by a test referred to in paragraph (d)(i), corrective action must be taken and the test must be repeated until no fault is indicated; (g) if a fault is indicated by a check referred to in paragraph (d)(ii) or (e), corrective action must be taken until no fault is indicated; (h) if— (ii) an electronic record made by the device, indicates a fault that has affected the proper operation of the device as required by these regulations, any electronic record affected by the fault must be rejected for evidentiary purposes. (2) Where a photographic detection device that is an average speed camera is used to provide evidence of reckless, dangerous or careless driving offences, registration offences or average speed camera location offences, the provisions of subregulation (1) must be complied with. 37—Operation and testing of Safe‑T‑Cam photographic detection devices Where a Safe‑T‑Cam photographic detection device is used to provide evidence of an offence, the following provisions must be complied with: (a) the camera forming part of the device must be positioned and aimed so that, when activated, an electronic record is made of the number plate of the vehicle activating it; (b) the date, time and code for the location at which the electronic record of a vehicle is made must be recorded on the electronic record; (c) when the device is set up at a given location or temporarily moved or repaired, a check must be carried out to ensure that the device is correctly positioned and aimed as referred to in paragraph (a) and correctly indicates on an electronic display the date, time and code for the location where the electronic records are made by the camera; (d) if— (i) a check; or (ii) an electronic record made by the camera, indicates a fault that has affected the proper operation of the device as required by this regulation, any electronic record affected by the fault must be rejected for evidentiary purposes. 37A—Operation and testing of device use detection cameras (1) Where a device use detection camera is used to provide evidence of a device use offence, the following provisions must be complied with: (a) the camera forming part of the device must be positioned and aimed so that, when activated, the following electronic records are made: (i) an electronic record of the number plate of the vehicle activating it; (ii) an electronic record showing the cabin of the vehicle; (iii) an electronic record of the vehicle at the time it passes the camera; (b) the date, time and location at which an electronic record of a vehicle is made must be recorded on the electronic record; (c) when the camera is set up at a given location or temporarily moved or repaired, a check must be carried out to ensure that the camera is correctly positioned and aimed as referred to in paragraph (a) and correctly indicates on an electronic display the date, time and location where the electronic records are made by the camera; (d) once in every 90 days the camera must be checked to ensure the proper operation of the camera in accordance with this regulation; (e) if— (i) a check; or (ii) an electronic record made by the camera, indicates a fault that has affected the proper operation of the camera as required by these regulations, any electronic record affected by the fault must be rejected for evidentiary purposes. (2) Where a device use detection camera is used to provide evidence of a registration offence, the provisions of subregulation (1) must be complied with.