146AAverage speed treated as actual speed

1. In proceedings against a person for a speeding offence, the average speed of the relevant vehicle between 2 detection points on a road calculated by a point-to-point average speed system must, in the absence of proof to the contrary, be treated as being the speed at which the vehicle was actually travelling between those 2 detection points.

2. The average speed of a vehicle between 2 detection points on a road is to be calculated using the following formula (and expressed in kilometres per hour rounded down to the next whole number):

   $(d\; \times \; 3.6)\; ÷\; t$

   Where:

   • d d

     is the surveyed distance (expressed in metres and rounded down to the next whole number)

   • t t

     is the period (expressed in seconds) between the time when the vehicle passes the first detection point and the time when it passes the second detection point.

3. In this section and sections 146B to 146D, unless the context otherwise requires,—

   data, in relation to a speeding offence detected by a point-to-point average speed system, means any form of data (including electronic images or a sequence of electronic images) about any 1 or more of the following:

   1. the time of any event recorded (including the time a vehicle passed a detection point):
   2. the position of a vehicle on a road at any given time:
   3. the direction in which a vehicle is moving:
   4. the characters on a vehicle’s registration plate:
   5. the average speed of a vehicle between 2 detection points:
   6. any speed limit or speed limits between 2 detection points:
   7. any self-test, diagnostic, or other data about how the system is operating

   element, of a point-to-point average speed system, means any 1 or more of the following:

   1. the 2 items of approved vehicle surveillance equipment at the detection points:
   2. the location of the 2 detection points:
   3. the surveyed distance between those 2 detection points:
   4. if only 1 speed limit applies between those 2 detection points, that speed limit:
   5. if more than 1 speed limit applies between those 2 detection points,—
      1. those speed limits; and
      2. when those speed limits apply; and
      3. the intermediate surveyed distance for each speed limit; and
      4. the weighted average speed limit between those 2 detection points, as calculated under section 146B

   intermediate surveyed distance, in a case where 2 or more speed limits apply between 2 detection points, means the distance along the length of road where each speed limit applies—

   1. measured by a cadastral surveyor licensed under the Cadastral Survey Act 2002 in accordance with the method determined and published by the Director after consulting with the Surveyor-General appointed under that Act; and
   2. published by the Director under section 146D

   surveyed distance means the distance between 2 detection points to which 1 or more speed limits apply—

   1. measured by a cadastral surveyor licensed under the Cadastral Survey Act 2002 in accordance with the method determined and published by the Director after consulting the Surveyor-General appointed under that Act; and
   2. published by the Director under section 146D.

Notes

• Section 146A: inserted, on 1 March 2024, by section 30 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).