QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.123RChallenges to devices
Start here
Get a plain-English read of sec.123R
Turn the raw legal text into a practical explanation grounded in Transport Operations (Road Use Management) Act 1995.
### sec.123R Challenges to devices
This section applies to a defendant who intends, at the hearing of a charge against the defendant under this Act, to challenge—
the accuracy of a speed detection device or vehicle speedometer accuracy indicator for which a certificate is given under section 123J or 123K ; or
the time at which, or way in which, the device was used.
The defendant must give written notice of the challenge to the prosecution.
The notice must—
be in the approved form; and
be signed by the defendant; and
state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (1) (a) or (b) ; and
be given at least 14 days before the day fixed for the hearing.
s 123R ins 2019 No. 25 s 104
(sec.123R-ssec.1) This section applies to a defendant who intends, at the hearing of a charge against the defendant under this Act, to challenge— the accuracy of a speed detection device or vehicle speedometer accuracy indicator for which a certificate is given under section 123J or 123K ; or the time at which, or way in which, the device was used.
(sec.123R-ssec.2) The defendant must give written notice of the challenge to the prosecution.
(sec.123R-ssec.3) The notice must— be in the approved form; and be signed by the defendant; and state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (1) (a) or (b) ; and be given at least 14 days before the day fixed for the hearing.
- (a) the accuracy of a speed detection device or vehicle speedometer accuracy indicator for which a certificate is given under section 123J or 123K ; or
- (b) the time at which, or way in which, the device was used.
- (a) be in the approved form; and
- (b) be signed by the defendant; and
- (c) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (1) (a) or (b) ; and
- (d) be given at least 14 days before the day fixed for the hearing.