Part 10Proceedings enforcing responsibilities
Evidence
146Evidence of testing and accuracy of speed-measuring devices, etc
In proceedings for a speeding offence against any bylaws or enactment, any other offence against this Act, or an offence against the Road User Charges Act 2012 (or any regulations made under that Act), the production of a certificate (or a document purporting to be a copy of the certificate) purporting to be signed by a constable or Police employee who is not a constable authorised for the purpose by the Commissioner or by a person authorised for the purpose by the Agency, as to the testing and accuracy of any equipment or device to which this section applies that is referred to in the certificate, is, in the absence of proof to the contrary, sufficient proof that the equipment or device referred to was tested on the date specified in the certificate and was accurate on the date of the alleged offence.
Every document purporting to be a copy of a certificate issued under this section is, in the absence of proof to the contrary, to be presumed to be a true copy.
Every certificate issued under this section is, in the absence of proof to the contrary, to be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for any such certificate to show on its face that the person signing it was so authorised.
This section applies to distance-measuring devices, speed-measuring devices, approved vehicle surveillance equipment, and tuning forks used to check such devices or equipment.
The fact that any equipment or device to which this section applies was tested before or after the date of the alleged offence does not of itself affect the validity of any certificate given under this section in relation to the testing of that equipment or device. However, any testing must not be more than 12 months before the date of the alleged offence.
In any proceedings where a certificate has been produced under this section, the court may, on application made not less than 14 days before the hearing of the charge concerned, and if satisfied that there is good cause to do so, set aside the certificate and require the accuracy of the equipment or device to be established by evidence other than the certificate.
Compare
- 1962 No 135 s 197
Notes
- Section 146(1): amended, on , by section 94 of the Road User Charges Act 2012 (2012 No 1).
- Section 146(1): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
- Section 146(1): amended, on , pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).
- Section 146(1): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
- Section 146(1): amended, on , by section 74 of the Land Transport Amendment Act 2005 (2005 No 77).
- Section 146(1): amended, on , by section 11 of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).