Queensland Numbered Acts

TRANSPORT LEGISLATION (ROAD SAFETY AND OTHER MATTERS) AMENDMENT ACT 2019 - SECT 39

39 Insertion of new ss 120B and 120C

After section 120A —
insert—

120B Application of highest or average speed limit if multiple speed limits

(1) This section applies to a proceeding for a prescribed offence in which the speed at which a motor vehicle travelled is relevant if—

(a) under section 120A, the prosecution intends to rely on the average speed of a vehicle between 2 points on a road; and

(b) more than 1 speed limit applies to the length of road between the 2 points.

(2) Subject to subsection (3), for the proceeding, the speed limit for the length of road between the 2 points is taken to be the highest of the speed limits applying to the length of road.

(3) If it is reasonably practicable to work out the average speed limit for the length of road under subsection (4), for the proceeding, the speed limit for the length of road between the 2 points is taken to be the average speed limit worked out under subsection (4).

Examples of circumstances in which it may not be reasonably practicable to work out the average speed limit under subsection (4)—

The distance between the start and end of a length of road to which a particular speed limit applies cannot be worked out because it depends on the placement of a temporary sign that is moved repeatedly (for example, for road works).

(4) The average speed limit for a length of road between 2 points is worked out using the following formula, and expressed in kilometres per hour rounded up to the next whole number—

where—

"D" , for a speed limited part of the length of road, is the shortest practicable distance, expressed in metres and rounded down to the next whole number, between the start and end of the part of the length of road.

"S" , for a speed limited part of the length of road, is the speed limit, expressed in kilometres per hour, applying to the part of the length of road.

"speed limited part" , of the length of road, is a part of the length of road to which a particular speed limit applies.

"TD" is the total shortest practicable distance, expressed in metres and rounded down to the next whole number, between the 2 points.

(5) A certificate purporting to be signed by the commissioner that certifies any 1 or more of the following matters is admissible in the proceeding and is evidence of the matters certified—

(a) the highest of the speed limits, expressed in kilometres per hour, applying to a length of road between 2 points;

(b) the shortest practicable distance, expressed in metres and rounded down to the next whole number, between 2 points on a road;

(c) the shortest practicable distance, expressed in metres and rounded down to the next whole number, between the start and end of a length of road to which a particular speed limit applies;

(d) the speed limit, expressed in kilometres per hour, applying to a particular part of a length of road between 2 points;

(e) the average speed limit, expressed in kilometres per hour, worked out under subsection (4), for a length of road between 2 points.

(6) In this section—

"shortest practicable distance" , between 2 points on a road, has the meaning it has in section 120A.

120C Application of maximum speed limit if variable speed limit

(1) This section applies to a proceeding for a prescribed offence in which the speed at which a motor vehicle travelled is relevant if—

(a) under section 120, the prosecution intends to rely on an image taken by a photographic detection device as evidence of the speed of a vehicle on a length of road; and

(b) the speed limit applying to the length of road is indicated by a variable speed limit sign.

(2) This section also applies to a proceeding for a prescribed offence in which the speed at which a motor vehicle travelled is relevant if—

(a) the prosecution intends to rely on section 120B for deciding the speed limit applying to a length of road; and

(b) the speed limit applying to 1 or more parts of the length of road is indicated by a variable speed limit sign.

(3) For the proceeding and for applying section 120B, the speed limit for the length of road, or the part of the length of road, is taken to be—

(a) the speed limit indicated by the variable speed limit sign; or

(b) if it is not reasonably practicable to verify the speed limit indicated by the variable speed limit sign—the speed limit that would apply to the length of road, or the part of the length of road, if the speed limit were not indicated by the variable speed limit sign.

Example of circumstances in which paragraph (b) may apply—

A variable speed limit sign changes during the course of a day and it is not possible to verify what speed limit was indicated by the sign at the particular time of that day when the image was taken by the photographic detection device.

(4) In this section—

"variable speed limit sign" means a speed limit sign or area speed limit sign that is a variable illuminated message sign within the meaning given by the Queensland Road Rules.