56DAUse of photographic detection device to determine speed of vehicles in certain circumstances

### 56DA Use of photographic detection device to determine speed of vehicles in certain circumstances > [*\[Section 56DA Inserted by No. 27 of 2022, s. 8, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS8@EN) > > > (1)  In this section – > > > > > ***detection point***, in relation to a vehicle travelling on a road, means the point on the road where the vehicle triggers a photographic detection device to take a photograph of the vehicle for the purpose of determining the speed at which the vehicle is travelling on the road; > > > > > ***shortest practicable distance***, between detection points on a road, means the shortest distance between the detection points that a driver of a vehicle is able to travel – > > > > > > > > (a) while remaining on the road; and > > > > > > > > > (b) without travelling on a road-related area; and > > > > > > > > > (c) without contravening a law applicable to the driver or the vehicle. > > > (2)  A photographic detection device may be used, in relation to a road, to establish a detection point for the purpose of determining the average speed at which a vehicle is travelling on the road between two such detection points. > > > (3)  If two photographic detection devices are used to establish two detection points for the purpose of determining the average speed of a vehicle under this section – > > > > > > (a) the average speed of the vehicle between the detection points is to be calculated as prescribed; and > > > > > > > (b) for the purposes of determining whether a speeding offence or an excessive speeding offence has been committed, the speed limit for the road between the detection points is – > > > > > > > > > > (i) if a single speed limit applies on the road between the detection points, the displayed speed limit for the road; or > > > > > > > > > > > (ii) if more than one speed limit applies on the road between the detection points, the speed limit prescribed, or calculated as prescribed, as the average speed limit for the part of that road between those detection points at the time when the offence is purported to have been committed. > > > (4)  An average speed of a vehicle between detection points that is calculated under this section in respect of a road – > > > > > > (a) may only be calculated in respect of the vehicle if the vehicle travelled between at least 2 detection points on the road; and > > > > > > > (b) is to be calculated as if the vehicle travelled the shortest practicable distance between the detection points. > > > (5)  In proceedings for a speeding offence, and in absence of proof to the contrary – > > > > > > (a) the average speed of a vehicle determined under this section is admissible as the speed at which the vehicle travelled between the detection points used to calculate the average speed; and > > > > > > > (b) the average speed limit between two detection points on a road is admissible as the average speed limit for that road under [subsection (3)(b)](#GS56DA@Gs3@Hpb@EN) ; and > > > > > > > (c) a certificate signed by the Registrar or the Commission, certifying that the speed limit for a road specified in the certificate was the speed limit for the road at the time so specified, is admissible as evidence, and proof, of the fact so certified; and > > > > > > > (d) a certificate signed by the Registrar or the Commission, certifying that a distance specified in the certificate is the shortest practicable distance between detection points on a road, is admissible as evidence, and proof, of the fact so certified. > > > (6)  For the avoidance of doubt, a single photographic detection device may be used simultaneously as a detection point in respect of 2 or more parts of a road for which an average speed is calculated. > > > (7)  An average speed of a vehicle that is calculated in accordance with this section is admissible as evidence, and is proof of the speed of the vehicle in absence of evidence to the contrary, in respect of an offence under this Act or any other Act.