250AApproved camera recording devices—toll offences

250A Approved camera recording devices—toll offences

250A Approved camera recording devices—toll offences

(1) In this section—

approved toll camera means a digital camera of a type approved by the Governor by order published in the Gazette as being designed—

(a) to take a photograph of a vehicle as it is driven past a toll point, and

(b) to record on the photograph—

(i) the date on which the photograph is taken, and

(ii) the time and location at which the photograph is taken, and

(iii) the direction in which the vehicle activating the camera is travelling, and

(iv) such ancillary information in connection with the toll and the photographing of the vehicle at that time and location as may be prescribed by the regulations.

authorised person means a person authorised by TfNSW to install and inspect approved toll cameras.

digital camera means a camera recording device that is capable of recording images in a digitalised format.

photograph includes a digitalised, electronic or computer generated image in a form approved by TfNSW.

toll includes a charge or a private toll or charge.

toll offence means an offence under the regulations of failing or refusing to pay a toll.

(1A) The fact that a camera takes a photograph of a vehicle only if it is driven in contravention of a requirement to pay a toll, or records the information referred to in paragraph (b) of the definition of approved toll camera only on such a photograph, does not prevent the camera from being an approved toll camera.

(2) In proceedings for a toll offence—

(a) a photograph tendered in evidence as a photograph taken by means of the operation, on a day specified on the photograph, of an approved toll camera installed at a location specified on the photograph, and as bearing a security indicator of a kind prescribed by the regulations, is admissible and is to be presumed—

(i) to have been so taken unless evidence sufficient to raise doubt that it was so taken is adduced, and

(ii) to bear such a security indicator unless evidence sufficient to raise doubt that it does so is adduced, and