Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

S.R. No. 71/2007

table of provisions

RegulationPage

RegulationPage

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Preliminary breath test devices

6Automatic detection devices

7Use of automatic detection devices

8Prescribed speed measuring devices

9Testing of speed measuring devices

10Sealing of speed measuring devices

11Prescribed particulars of traffic infringement notice

12New Part 6A inserted

Part 6A—Operator Onus

607Prescribed period for making statements

608Prescribed period for accepting or rejecting statements

13Amendment of Schedule 4—Failure to provide information

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ENDNOTES

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S.R. No. 71/2007

Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

statutory rules 2007

S.R. No. 71/2007

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S.R. No. 71/2007

Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

Road Safety Act 1986

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S.R. No. 71/2007

Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

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S.R. No. 71/2007

Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 26 June 2007

Responsible Minister:

TIM PALLAS

Minister for Roads and Ports

RUTH LEACH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Road Safety (General) Regulations 1999—

(a)to prescribe an additional preliminary breath testing device; and

(b)to prescribe an additional automatic detection device; and

(c)to prescribe periods for the purposes of Part6AA of the Road Safety Act 1986; and

(d)to further prescribe offences for which a traffic infringement notice may be served.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

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These Regulations come into operation on 1 July 2007.

4Principal Regulations

In these Regulations the Road Safety (General) Regulations 1999[1] are called the Principal Regulations.

5Preliminary breath test devices

In regulation 201 of the Principal Regulations—

(a)in paragraph (c), for "SD-400PA." substitute "SD-400PA; and";

(b)after paragraph (c) insert—

"(d)the Alcolizer LE.".

6Automatic detection devices

In regulation 302 of the Principal Regulations—

(a)in paragraph (n), for "(DRCS-P)." substitute "(DRCS-P); and";

(b)after paragraph (n) insert—

"(o)the automatic detection device known as the Tenix TSE Speed Camera System.".

7Use of automatic detection devices

In regulation 303(c) of the Principal Regulations, for "or (n)" substitute ", (n) or (o)".

8Prescribed speed measuring devices

In regulation 305(a) of the Principal Regulations, for "or (n)" substitute ", (n) or (o)".

9Testing of speed measuring devices

In regulation 306(b)(i) of the Principal Regulations, for "or (m)" substitute ", (m) or (o)".

10Sealing of speed measuring devices

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In regulation 307(a) of the Principal Regulations, for "or (n)" substitute ", (n) or (o)".

11Prescribed particulars of traffic infringement notice

In regulation 603(1)(c) of the Principal Regulations, after '"The Owner"' insert 'or "The Operator"'.

12New Part 6A inserted

After Part 6 of the Principal Regulations insert—

"Part 6A—Operator Onus

607Prescribed period for making statements

(1)Subject to subregulation (2), for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, the prescribed period is—

(a)in the case of an infringement notice served in respect of an excessive speed infringement, the period beginning on the date of the notice and ending immediately before a conviction takes effect under section 89A(2) of the Act;

Note

Under section 89A(2) of the Act, a traffic infringement notice that is issued in respect of an excessive speed infringement, takes effect as a conviction for the offence specified in the notice 28days after the date of the notice.

(b)in the case of an infringement notice served in respect of any other operator onus offence—

(i)if the infringement notice was served on a person other than a child and the offence is a lodgeable infringement offence within the meaning of the Infringements Act 2006, the period beginning on the date of the notice and ending immediately before the details of the infringement penalty in respect of that offence are lodged under section54 of that Act; or

(ii)if the infringement notice for that offence was served on a child, the period beginning on the date of the notice and ending immediately before the infringement penalty in respect of that offence is registered under clause 4 of Schedule3 to the Children, Youth and Families Act 2005; or

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(iii)if subparagraphs (i) and (ii) do not apply, the period beginning on the date of the notice and ending immediately before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.

Note

The period prescribed under paragraph(b) for making a statement under Part6AA of the Act is the same period set out in section 22(2) of the Infringements Act 2006 for a person to apply to a relevant enforcement agency for internal review of a decision to serve an infringement notice under section22 ofthe Infringements Act 2006.

(2)If an extension of time to deal with, or object to, an infringement notice, has been granted under section 67 or 89B of the Act, the prescribed period for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, is the extension of time granted under section67 or 89B of the Act.

608Prescribed period for accepting or rejecting statements

For the purposes of section 84BE(6) of the Act, the prescribed period is 90 days beginning on the date that the enforcement official received the relevant statement.".

13Amendment of Schedule 4—Failure to provide information

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In Schedule 4 to the Principal Regulations, for the item in respect of code 2144 substitute—

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Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

ENDNOTES

Endnotes

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[1] Reg. 4: S.R. No. 27/1999. Reprint No. 3 as at 1 July 2006. Reprinted to S.R. No. 82/2006. Subsequently amended by S.R. Nos 158/2006 and 175/2006.