135Definitions

#### 135 Definitions 135 Definitions (cf STM Act, ss 47(7), 47B(4), 57(1) and 57B(1); VR Act, s 22C(1)) > > (1) In this Division— > > > > appropriate inspection officer means— > > > > > (a) in relation to an approved traffic enforcement device that measures the speed at which a vehicle is travelling but is not used in conjunction with, or as part of, a digital camera device— > > > > > > > (i) a police officer, or > > > > > > > (ii) a person authorised by the Commissioner of Police to test a device of that kind, or > > > > > (b) in relation to any other kind of approved traffic enforcement device—a person (or a person belonging to a class of persons) authorised by Transport for NSW to install and inspect devices of the kind concerned. > > > > detectable traffic offence means any of the following kinds of offences— > > > > > (a) a speeding offence, > > > > > (b) a traffic light offence, > > > > > (c) a public transport lane offence, > > > > > (d) a dimension offence, > > > > > (e) a mobile phone use offence, > > > > > (f) a seatbelt offence. > > > > digital camera device means a camera device that is capable of recording photographs in the form of digitised, electronic or computer-generated images. > > > > dimension offence means an offence against this Act or the statutory rules (or the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) or the regulations in force for the purposes of that Law) that involves driving a vehicle in contravention of a maximum dimension requirement applicable to the vehicle on a length of road. > > > > mobile phone use offence means an offence against the statutory rules involving the use of a mobile phone by the driver of a motor vehicle. > > > > public transport lane offence means an offence against this Act or the statutory rules that— > > > > > (a) involves driving a vehicle in a traffic lane on a road that is dedicated by or under this Act (whether continuously or at particular times) primarily for the use of coaches regardless of whether certain other vehicles, such as emergency vehicles, are also permitted to use the lane, and > > > > > (b) is of a kind prescribed by the statutory rules. > > > > seatbelt offence means an offence against the statutory rules involving the responsibility of a driver of a motor vehicle— > > > > > (a) to wear a seatbelt properly, or > > > > > (b) to ensure a passenger in the vehicle wears a seatbelt properly. > > > > traffic light offence means an offence against this Act or the statutory rules of contravening a traffic light signal displaying a red circle or a red arrow. > > > > unauthorised vehicle use offence means any of the following offences— > > > > > (a) an offence against section 68 (Prohibition on using unregistered registrable vehicles), > > > > > (a1) an offence against section 2.1 (Offence of using uninsured motor vehicle on road) of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), > > > > > (b) an offence against section 8 (Offence of using uninsured motor vehicle on road) of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), > > > > > (c) an offence against the statutory rules involving a prohibited use of a registrable vehicle that is prescribed by the statutory rules for the purposes of this definition. > > > (2) For the purposes of this Act— > > > > > (a) an approved traffic enforcement device is approved for average speed detection if it is approved under section 134 for the use referred to in section 134(1)(c), and > > > > > (b) an approved traffic enforcement device is approved for excess speed imaging if it is approved under section 134 for the use referred to in section 134(1)(b), and > > > > > (c) an approved traffic enforcement device is approved for speed measurement if it is approved under section 134 for the use referred to in section 134(1)(a), and > > > > > (d) an approved traffic enforcement device is approved for red traffic light detection if it is approved under section 134 for the use referred to in section 134(1)(d), and > > > > > (e) an approved traffic enforcement device is approved for traffic lane use detection if it is approved under section 134 for the use referred to in section 134(1)(e), and > > > > > (f) an approved traffic enforcement device is approved for dimension measurement if it is approved under section 134 for the use referred to in section 134(1)(f), and > > > > > (g) an approved traffic enforcement device is approved for dimension imaging if it is approved under section 134 for the use referred to in section 134(1)(g), and > > > > > (h) an approved traffic enforcement device is approved for mobile phone use offences if it is approved under section 134 for the use referred to in section 134(1)(h), and > > > > > (i) an approved traffic enforcement device is approved for seatbelt offences if it is approved under section 134 for the use referred to in section 134(1)(i). > > **s 135:** Am 2017 No 10, Sch 5.11 \[5\]; 2017 No 61, Sch 1.2 \[4\]–\[6\]; 2018 No 15, Sch 1 \[7\]–\[9\]; 2023 No 51, Sch 1\[3\]–\[5\].