sec.120DPhotographic or video evidence about use of approved seatbelt

### sec.120D Photographic or video evidence about use of approved seatbelt This section applies to a proceeding for a prescribed offence in which the driver of, or passenger in, a vehicle not wearing an approved seatbelt is relevant if, under section 120 , the prosecution intends to rely on an image or video made by a photographic detection device as evidence of the driver or passenger not wearing an approved seatbelt. In the absence of proof to the contrary— the vehicle depicted in the image or video is taken to be moving but not reversing, or stationary but not parked; and the vehicle depicted in the image or video is taken to be fitted with an approved seatbelt in the seating position occupied by the driver or passenger; and if the image or video depicts the driver or passenger not wearing a seatbelt, the driver or passenger is taken not to be wearing an approved seatbelt. In this section— approved seatbelt , in relation to a prescribed offence, has the meaning it has for the prescribed offence. s 120D ins 2020 No. 21 s 59 (sec.120D-ssec.1) This section applies to a proceeding for a prescribed offence in which the driver of, or passenger in, a vehicle not wearing an approved seatbelt is relevant if, under section 120 , the prosecution intends to rely on an image or video made by a photographic detection device as evidence of the driver or passenger not wearing an approved seatbelt. (sec.120D-ssec.2) In the absence of proof to the contrary— the vehicle depicted in the image or video is taken to be moving but not reversing, or stationary but not parked; and the vehicle depicted in the image or video is taken to be fitted with an approved seatbelt in the seating position occupied by the driver or passenger; and if the image or video depicts the driver or passenger not wearing a seatbelt, the driver or passenger is taken not to be wearing an approved seatbelt. (sec.120D-ssec.3) In this section— approved seatbelt , in relation to a prescribed offence, has the meaning it has for the prescribed offence. - (a) the vehicle depicted in the image or video is taken to be moving but not reversing, or stationary but not parked; and - (b) the vehicle depicted in the image or video is taken to be fitted with an approved seatbelt in the seating position occupied by the driver or passenger; and - (c) if the image or video depicts the driver or passenger not wearing a seatbelt, the driver or passenger is taken not to be wearing an approved seatbelt.