25Evidentiary certificates etc

25 Evidentiary certificates etc (1) This section applies to a proceeding against a person for an offence against this Act involving a vehicle. (2) A certificate that appears to be signed by a police officer or the road transport authority, and states a matter relevant to any of the following, is evidence of the matter: (a) the use of a traffic offence detection device in relation to the (b) anything done or not done in relation to a traffic offence detection device under— (i) a regulation made under section 24 (2); or (ii) an approval made in accordance with a regulation under section 24 (1); (c) the recording of an electronic file created by a traffic offence detection device; (d) the vehicle’s average speed between stated detection points. (3) Without limiting subsection (2), a certificate given for a traffic offence detection device may state any of the following matters: (a) that the device has been tested, sealed, certified, maintained or operated as required or permitted by the following: (i) a regulation made under section 24 (2) (b); (ii) an approval made in accordance with a regulation under section 24 (1);

(b) the results of a test of the device under paragraph (a) at a stated time or within a stated period, including— (i) the accuracy, or accuracy to a stated extent, of the device; or (ii) if the device was working properly within the stated period; (c) that a stated image, or series of images, is an accurate copy of an image, or series of images, taken by the device— (i) at a stated date, time and place; or (ii) within a stated period; (d) if the device is a speed measuring device—a measurement of speed obtained by the use of the device. (4) An image stated by a certificate given under subsection (2) to be an accurate copy of an image or any 1 of a series of images taken by a traffic offence detection device is evidence of everything indicated on, or shown by, the image. Note Information etc that is indicated on an image includes information accompanying or reasonably associated with the image (see dict, def indicated on). (5) Without limiting subsection (4), the information indicated on or shown by the image is evidence of the following matters: (a) that the vehicle shown in the image was being driven when and the place where (the relevant time and place) the image was taken by the device; (b) if the information indicates a speed limit—that the speed limit applied to the driver of the vehicle for the length of road where the driver was driving at the relevant time and place; (c) if the information indicates the speed of the vehicle—that the driver was driving the vehicle at that speed at the relevant time and place;

(d) if the information indicates the average speed of the vehicle between 2 detection points—that the driver was driving the vehicle at that speed between the points; (e) if the information indicates the use of a mobile device by the driver of the vehicle—that the vehicle was moving, or stationary but not parked, when the image was taken; (f) if the information indicates whether the driver of the vehicle, or a passenger in the vehicle, was wearing a seatbelt—that the vehicle was moving, or stationary but not parked, when the image was taken; (g) if the information indicates the lane and the general direction in which the vehicle was travelling—that the vehicle was travelling in that lane in the general direction indicated; (h) if the information indicates the length of time a red traffic light or red traffic arrow facing the driver of the vehicle had been showing—that the light or arrow shown in the image had been showing for the stated time before the driver contravened a provision of the road transport legislation about traffic lights. (6) Evidence may be given by a police officer or authorised person about any matter mentioned in subsections (2) and (3). (7) Without limiting subsection (6), evidence by a police officer or authorised person of the speed a vehicle was moving as measured by a traffic offence detection device is evidence that the vehicle was being driven at that speed when and where the measurement was taken. (8) Evidence of the condition of a traffic offence detection device is necessary only if evidence is given that the device was not accurate or operating properly. (9) This section does not limit evidence that can be presented apart from this section.