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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

146C: Evidence relating to average speed

You could also call this:

“Law explains how your average speed can be used as proof in court if you're caught speeding”

This law is about using average speed measurements as evidence in court when you’re accused of speeding. Here’s what you need to know:

If you’re in court for speeding and they’re using your average speed as evidence, the data from the speed measuring system is considered accurate unless someone can prove it’s not.

If there’s a notice that describes how the speed measuring system works, that notice is also considered good evidence in court unless someone can prove it’s wrong.

Sometimes, there might be different speed limits on the road you were driving on. In that case, they’ll use a special average speed limit to decide how much you were speeding by. This matters because the punishment for speeding can change depending on how fast you were going over the limit.

Remember, even though this law is about using average speed as evidence, it doesn’t stop other types of evidence about your speed from being used in court.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943136.

Previous

146B: Weighted average speed limit between 2 detection points, or

"Calculating the average speed limit for a road with changing speeds"

Next

146D: Publication of matters relating to point-to-point average speed system, or

"Rules about sharing information on how average speed is checked on roads"

Part 10 Proceedings enforcing responsibilities
Evidence

146CEvidence relating to average speed

  1. This section applies to proceedings for a speeding offence in which the average speed of the vehicle under section 146A is relied on.

  2. In those proceedings, the production of data relating to the alleged speeding offence and purporting to be generated by a point-to-point average speed system is, in the absence of proof to the contrary, sufficient evidence of the accuracy of that data.

  3. In those proceedings, the production of a notice published under section 146D describing an element of a point-to-point average speed system is, in the absence of proof to the contrary, sufficient evidence of that element.

  4. In cases to which section 146B applies, the weighted average speed limit calculated under that section must be treated as a speed limit in provisions in or under this Act that impose different penalties for speeding offences depending on the degree to which a speed limit is exceeded, and those provisions apply accordingly.

  5. This section does not limit or affect any other evidence of the speed of a motor vehicle in proceedings for a speeding offence.

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