sec.123SInstruments

### sec.123S Instruments In this section— instrument means an instrument declared under a regulation to be an instrument for this section, and includes— a speedometer; and a weighing device. A certificate stating that, on a specified day or at a specified time on a specified day, a specified instrument— was in a proper condition; or had a specified level of accuracy; is evidence of those matters on the specified day or at the specified time, and for any period, prescribed under a regulation, after that day. Evidence of the condition of the instrument, or the way in which it was operated, is not required unless evidence that the instrument was not in proper condition or was not properly operated has been given. A defendant who intends to challenge the condition of an instrument, or the way in which it was operated, must give the complainant or arresting police officer (if any) written notice of the intention to challenge. The notice must be given at least 14 working days before the return date of the summons or the appointed date for the hearing of the charge. s 123S (prev s 61) amd 1999 No. 42 s 49 ; 2002 No. 71 s 20 reloc and renum 2019 No. 25 s 83 (sec.123S-ssec.1) In this section— instrument means an instrument declared under a regulation to be an instrument for this section, and includes— a speedometer; and a weighing device. (sec.123S-ssec.2) A certificate stating that, on a specified day or at a specified time on a specified day, a specified instrument— was in a proper condition; or had a specified level of accuracy; is evidence of those matters on the specified day or at the specified time, and for any period, prescribed under a regulation, after that day. (sec.123S-ssec.3) Evidence of the condition of the instrument, or the way in which it was operated, is not required unless evidence that the instrument was not in proper condition or was not properly operated has been given. (sec.123S-ssec.4) A defendant who intends to challenge the condition of an instrument, or the way in which it was operated, must give the complainant or arresting police officer (if any) written notice of the intention to challenge. (sec.123S-ssec.5) The notice must be given at least 14 working days before the return date of the summons or the appointed date for the hearing of the charge. - (a) a speedometer; and - (b) a weighing device. - (a) was in a proper condition; or - (b) had a specified level of accuracy;