South Australian Consolidated Regulations

ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 - REG 19

19—Operation and testing of photographic detection devices referred to in regulation 14(1)(c)

        (1)         Where a photographic detection device referred to in regulation 14(1)(c) is used to provide evidence of speeding offences, the following provisions must be complied with:

            (a)         the device must be programmed, positioned and set to operate so that when the device registers a vehicle as proceeding at a speed equal to or greater than a speed set on the device—

                  (i)         the camera forming part of or linked to the device takes an exposure, or makes an electronic record, of that vehicle from the front or from the rear; and

                  (ii)         the date, time and code for the location at which the exposure is taken, or the electronic record is made, together with the speed and direction of travel of the vehicle as registered by the device, are recorded on the exposure or electronic record;

            (b)         after a person—

                  (i)         sets up the device at a given location; or

                  (ii)         inserts recording media into the camera at that location; or

                  (iii)         relocates the device with recording media in place,

the person must make a check to ensure that the device—

                  (iv)         correctly indicates on an electronic display the date, time and code for the location where exposures are taken, or electronic records are made, by the camera; and

                  (v)         is set to operate in accordance with the provisions of paragraph (a);

            (c)         the checks referred to in paragraph (b) must be repeated immediately before the device is removed from a given location;

            (d)         if—

                  (i)         a check; or

                  (ii)         in the case of a wet film camera—the film when developed; or

                  (iii)         in the case of a digital or other electronic camera—any electronic record made by the camera,

indicates a fault that has affected the proper operation of the device as required by this regulation, that part of the film affected by the fault, or those electronic records affected by the fault, (as the case may be), must be rejected for evidentiary purposes;

            (e)         if a photograph produced from an exposure or electronic record obtained in accordance with the provisions of paragraph (a) depicts the whole or part of more than 1 vehicle—

                  (i)         in the portion of the photograph specified by the device's manufacturer as the portion that should depict the vehicle whose speed is being registered; and

                  (ii)         travelling in the direction recorded on the exposure or electronic record as the direction of travel of the vehicle whose speed is being registered,

that photograph must be rejected for evidentiary purposes;

            (f)         the accuracy with which the device registers vehicle speeds must be tested on the day on which it is used (or on the day immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act.

        (2)         Where a photographic detection device referred to in regulation 14(1)(c) is used to provide evidence of reckless or dangerous driving offences or registration offences, the provisions of subregulation (1) must be complied with.