NTIn ForceAct
Traffic Act 1987
44AProof of certain matters relating to use of infringement
Start here
Get a plain-English read of 44A
Turn the raw legal text into a practical explanation grounded in Traffic Act 1987.
44A Proof of certain matters relating to use of infringement
detection devices
In proceedings for an offence against this Act:
(a) evidence may be given by a member of the Police Force or an
officer of the use by the member or officer of a traffic
infringement detection device in relation to the detection of the
offence, and the evidence is prima facie evidence of the
offence;
(b) a certificate purporting to be signed by a person approved
under section 44(3), or a copy of the certificate, produced by
the prosecution and purporting to certify that the traffic
infringement detection device specified in the certificate:
(i) is a traffic infringement detection device within the
meaning of this Act; and
(ii) was tested by a person approved under section 44(3) in
accordance with the notice approving the devices under
section 44(1) on a specified day in respect of a specified
period, and was shown by the test to be accurate to the
extent indicated in the certificate,
is, without proof of the signature, evidence of the facts certified
and that the device was accurate to that extent;
Traffic Act 1987 101
(c) where the offence is one of driving a vehicle at a speed that is
faster than a prescribed speed limit, the production by the
prosecution of a form that contains an image recorded by a
traffic infringement detection device and the information
specified in section 44AA is evidence that at the time and
place indicated on the form the motor vehicle appearing in the
image was driven at the speed indicated on the form; and
(d) where the offence is one of contravening or failing to comply
with a traffic control signal by proceeding on a public street
beyond a stop line or a part of the signal while a light that is a
red circle or a red arrow is displayed facing a driver, the
production by the prosecution of a form that contains an image
recorded by a traffic infringement detection device and the
information specified in section 44AA is evidence that at the
time and place indicated on the form the driver of the vehicle
appearing in the image proceeded beyond the stop line or the
part of the signal while a light that was a red circle or red
arrow was facing the driver.