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ROAD TRANSPORT LEGISLATION AMENDMENT REGULATIONS 2004 (NO 1) (NO 47 OF 2004) - REG 44

Regulation 104

substitute

104     Major testing of laser speed measuring devices

    (1)     The following devices must be tested in accordance with this regulation at least once every 12 months:

        (a)     a laser speed measuring device;

        (b)     the laser speed measuring device component of a digital camera detection device.

    (2)     The test must be carried out—

        (a)     by a person approved under regulation 106 (Approved people—testing and sealing); and

        (b)     in accordance with Australian Standard AS 4691.1-2, as in force on the commencement of this paragraph.

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see  s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act.

    (3)     The Legislation Act, section 47 (5) does not apply in relation to subsection (2) (b).

    (4)     The test must show whether the device—

        (a)     is operating in accordance with the manufacturer's specifications; and

        (b)     is accurate within a tolerance of 2km/h.

    (5)     For this regulation, it is sufficient for the laser speed measuring device component of a digital camera detection device to be tested separately from the other components of the device, and it is not necessary for the other components to be tested.

104A     Major testing of other traffic offence detection devices

    (1)     The following devices must be tested in accordance with this regulation at least once every 12 months:

        (a)     the piezo strip speed measuring device component of a traffic lights camera detection device;

        (b)     a radar speed measuring device;

        (c)     an approved police speedometer.

    (2)     The test must be carried out by a person approved under regulation 106 (Approved people—testing and sealing).

    (3)     The test of the piezo strip speed measuring device component of a traffic lights camera detection device must show whether the device—

        (a)     is operating in accordance with the manufacturer's specifications; and

        (b)     is accurate within a tolerance of 2km/h.

    (4)     The test of a radar speed measuring device must show whether the device is operating in accordance with Australian Standard AS 2898.1-2, as in force on the commencement of this subregulation.

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see  s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act.

    (5)     The Legislation Act, section 47 (5) does not apply in relation to subsection (4).

    (6)     The test of an approved police speedometer must show whether the device is accurate within a tolerance of 2%.

    (7)     For this regulation, it is sufficient for the piezo strip speed measuring device component of a traffic lights camera detection device to be tested separately from the other components of the device, and it is not necessary for the other components to be tested.

104B     Certification and sealing of traffic offence detection devices

    (1)     This regulation applies if a test of a traffic offence detection device under regulation 104 or regulation 104A establishes—

        (a)     a matter mentioned in regulation 104A (4) or (6) in relation to the device; or

        (b)     the matters mentioned in regulation 104 (4) or regulation 104A (3) in relation to the device.

    (2)     The person who carried out the test must—

        (a)     sign a certificate to that effect; and

        (b)     if a seal on the device has been damaged or removed—seal the device.



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