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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

146E: Traffic control devices informing drivers of system

You could also call this:

“Signs warn you about speed cameras that measure your average speed”

When the Agency sets up a system to measure your average speed between two points on a road, they must put up signs or other devices to let you know about it. These devices need to be placed before the first point where your speed is measured.

If you’re accused of speeding based on your average speed, the police or the Agency can use a signed document as proof that the warning devices were there. This document can be signed by a police officer, someone who works for the police but isn’t an officer, or someone who works for the Agency. The document can be used as evidence if it says the devices were there no more than a year before you were accused of speeding. This evidence is considered enough unless someone can prove it’s not true.

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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=LMS943140.

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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"

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147: Evidence of accuracy of weighing devices and sites, or

"Proof that scales and weighing places were working right when used"

Part 10 Proceedings enforcing responsibilities
Evidence

146ETraffic control devices informing drivers of system

  1. If the Agency installs a point-to-point average speed system on a road, it must ensure that, while the system is being operated, 1 or more traffic control devices are in place that inform drivers passing the first detection point of the presence of the system.

  2. In proceedings for a speeding offence in which the average speed of the vehicle under section 146A is relied on, a certificate purporting to be signed by a constable, a Police employee who is not a constable, or an employee of the Agency, that states that 1 or more traffic control devices were in place on a date no more than 1 year before the date of the alleged offence, is, in the absence of proof to the contrary, sufficient evidence that the device or devices were in place as stated.

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