67AEvidence of measurement

67A Evidence of measurement

[Section 67A Inserted by No. 71 of 2001, s. 23, Applied:01 Jan 2002]

(1)  In any proceedings in a court, a certificate certifying a measurement in accordance with this Act is admissible in evidence and, in the absence of proof to the contrary, is proof of the accuracy of that measurement.

(2)  A certificate signed by a person authorised by the Secretary of the Department that, at a specified time on a specified date, a weighing device or other measuring instrument –

(a) was in proper working order; and

(b) was accurate; and

(c) had been tested in accordance with this Act; and

(d) was marked with the number specified in the certificate –

is admissible in evidence of the matter so certified and, in the absence of evidence to the contrary, as proof of those matters.

(3)  A certificate or copy of a certificate issued under the regulations and signed by a police officer, or an authorised officer, who inspected a vehicle or combination is evidence of the matters contained in the certificate, in particular –

(a) the mass of a vehicle or combination with or without its load; and

(b) the wheel load, single axle load, axle group load, aggregate axle load or mass on a tyre –

and, in the absence of evidence to the contrary, is proof of those matters.

(4)  A certificate signed by a police officer or an authorised officer certifying that a wheel, axle or tyre of the vehicle or combination is of a specified type or class is evidence of that matter and, in the absence of evidence to the contrary, is proof of that matter.