138Admissibility of photographs taken by devices—generally

138 Admissibility of photographs taken by devices—generally

138 Admissibility of photographs taken by devices—generally

(cf STM Act, ss 47(2)–(5), 47B(1) and (2), 57(2) and (3) and 57B(2)–(4))

(1) In proceedings for a detectable traffic offence, any one or more photographs that are tendered in evidence on any of the following bases are admissible in the proceedings—

(a) if the proceedings concern a speeding offence in which evidence of an average speed is relied on—photographs that are tendered as—

(i) being photographs taken by means of the operation, on a day or days specified on the photographs, of approved traffic enforcement devices that are approved for average speed detection installed at the locations specified on the photographs, and

(ii) if the photographs are taken by digital camera devices— each bearing a security indicator of a kind prescribed by the statutory rules,

(b) in the case of proceedings for a speeding offence in which evidence of an average speed is not relied on—a photograph that is tendered as—

(i) being taken by an approved traffic enforcement device that is approved for excess speed imaging on a day and at a location specified on the photograph, and

(ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules,

(c) in the case of proceedings for a traffic light offence—a photograph that is tendered as—

(i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for red traffic light detection installed at a location specified on the photograph, and

(ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules,

(d) in the case of proceedings for a public transport lane offence—a photograph or photographs that are tendered as—

(i) being taken by means of the operation, on a day specified on the photograph or photographs, of an approved traffic enforcement device or devices that are approved for traffic lane use detection installed at a location or locations specified on the photograph or photographs, and