Subdiv 4Special provisions relating to average speed cameras

Subdivision 4—Special provisions relating to average speed cameras 38—Average speed evidence (section 175A of Act)—identification of average speed cameras, average speed camera locations etc (1) For the purposes of section 175A of the Act— (a) a notice under section 175A(3) of the Act must identify an average speed camera location by specifying— (i) the road on which vehicles will be photographed by the average speed camera; and (ii) the place on that road at which vehicles will be photographed, identified by reference to— (A) a stub line at that place; and (B) the approximate coordinates of the point at which that stub line meets the centre of the road; and (iii) whether the average speed camera location is a start location or end location; and (iv) the general direction of travel (for example, north bound) of vehicles moving between the 2 average speed camera locations for which this is the start or end location; and (b) the shortest distance between 2 average speed camera locations along a route specified in a notice under section 175A(3) must be measured between the stub line at the start location and the stub line at the end location; and (c) the time taken for a vehicle to travel between 2 average speed camera locations must be determined by reference to the total period elapsed between— (i) a time before which the whole of the vehicle passes the stub line at the start location; and (ii) a time at or after which any part of the vehicle reaches the stub line at the end location, where the time at each location is determined according to Australian Central Standard Time, or according to Australian Central Daylight Time, with an accuracy equal to or better than plus or minus 1 second. (2) A notice under section 175A(3) of the Act may, for the purposes of identifying an average speed camera location, include a reference to— (a) a nearby landmark or other feature; or (b) the approximate distance along the road between the location and a specified town or intersection (or, if the location is at an intersection, by reference to that intersection), but such a notice will not be regarded as defective on the basis of anything included or not included under this subregulation. (3) For the purposes of the definitions in section 175A(10) of the Act— (a) a photographic detection device of a kind referred to in regulation 29(1)(e) is an average speed camera; (b) a prescribed road law speeding offence means— (i) a speeding offence; or (ii) a reckless or dangerous driving offence comprised of driving a vehicle at a speed which is dangerous to the public. (4) In this regulation— coordinates means coordinates based on either GDA94 or GDA2020; dividing line, marked lane and median strip have the same respective meanings as in the Australian Road Rules; short white line means a straight white line approximately 100 millimetres wide and 400 millimetres long; stub line means a short white line, or series of short white lines, marked in a straight line on the sealed surface of 1 or both sides of a two‑way road at right angles to a boundary of the road, with each short white line positioned— (a) if a side of the road has 1 or more marked lanes for vehicles travelling in the same direction— (i) at or near the centre of each lane; or (ii) at or near the left‑hand side and at or near the right‑hand side of each lane; or (b) if a side of the road has no marked lanes for vehicles travelling in the same direction— (i) at or near the centre of the sealed portion of that side of the road; or (ii) at or near the left‑hand side and at or near the right‑hand side of the sealed portion of that side of the road, and includes the whole of the straight line formed by the short white line or series of short white lines as well as the extension of that straight line— (c) to each boundary of the road; or (d) where the short white line or lines is or are marked on 1 side of the road only, to the boundary on that side of the road and to the centre of the road; two‑way road means a road divided by a dividing line or median strip into 2 sides, 1 of which is for vehicles travelling in 1 direction and the other of which is for vehicles travelling in the opposite direction. 39—Evasive action in relation to average speed camera The driver of a vehicle must not take any action, other than a contravention referred to in Schedule 4 Part 1 clause 3, that is designed to avoid an electronic record being made of the vehicle through the operation of an average speed camera as the vehicle is driven towards, through or away from an average speed camera location.