New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 248

248 Evidentiary certificates

(1) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that on a date or during a period specified in the certificate--

(a) a specified road was or was not of a specified classification, or

(b) the boundaries or levels of a specified road were as specified in the certificate, or

(c) a specified person was or was not an authorised officer for that authority for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or

(d) a specified toll or charge was in force with respect to a specified tollway, bridge, tunnel or road-ferry, or

(d1) a specified toll was or was not a relevant toll in relation to a specified toll point on a specified date for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or

(d2) a specified person was or was not a toll operator in relation to a specified tollway, bridge, tunnel or road-ferry, or

(d3) a specified point was or was not a toll point in relation to a specified tollway, bridge, tunnel or road-ferry, or

(d4) a specified person was or was not the registered operator of a specified vehicle, or

(e) a specified part of a public road was or was not the subject of a specified approval for food or drink premises under section 125, or

(f) a specified gate was or was not the subject of a public gate permit, or

(g) a specified work or structure was or was not the subject of a consent given, extended or transferred by the roads authority, or

(g1) a specified structure in, on or over a specified road was or was not the subject of a specified consent referred to in section 139A, or

(h) a specified activity was or was not the subject of a road event permit with respect to a specified public road, or

(i) a specified notice was or was not erected in a specified location, or

(j) a specified vehicle was or was not the subject of a specified excess weight permit, or

(k) a specified vehicle was measured as having had a specified laden or unladen weight or as having had a load of a specified weight, or

(l) a specified part of a vehicle or a specified part of a vehicle's load was measured as having had a specified weight,

is admissible in any legal proceedings and is evidence of the fact or facts so stated.

(2) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that--

(a) a specified amount represents the costs incurred by the roads authority in carrying out specified work or in taking any specified action, or

(b) a specified amount represents the costs incurred by the roads authority in relation to the exercise by an authorised officer of a function under Division 2,

is admissible in any legal proceedings and is evidence of the fact or facts so stated.

(3) A certificate that is issued by a trade measurement inspector within the meaning of the National Measurement Act 1960 of the Commonwealth, or by the holder of a servicing licence within the meaning of that Act, being a certificate that states that on a date specified in the certificate a specified weighing device was tested and was found to measure accurately (or accurately within specified tolerances), is admissible in any legal proceedings and is evidence of the fact that the device measured accurately (or accurately within those tolerances) at all times within the period of 12 months after that date.

(4) A copy of any record, map or plan kept by TfNSW, by a roads authority or by any other public authority for the purposes of this Act, being a copy that is certified by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, as being a true copy of the record, map or plan, is admissible in any legal proceedings and is evidence of the matter or matters contained in the record, map or plan.

(5) Without limiting subsection (1), a statement in a certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, as to any matter that appears in or can be calculated from records--

(a) that relate to motor vehicles using tollways or payment of tolls (or both), and

(b) that are kept or accessed by the roads authority or the person,

is admissible in any legal proceedings and is evidence of the fact or facts so stated.