ACT Numbered Regulations - Explanatory Statements

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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) AMENDMENT REGULATION 2013 (NO 1) (NO 25 OF 2013)

2013










THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) AMENDMENT REGULATION 2013 (No 1)

SUBORDINATE LAW SL2013 - 25





EXPLANATORY STATEMENT

Presented by
Mr Simon Corbell
Attorney General

Overview

This Regulation is made under section 24 of the Road Transport (Safety and Traffic Management) Act 1999 (the Act), which provides for regulations about traffic offence detection devices, including average speed detection systems, commonly known as point to point camera systems.

The first point to point camera system in the ACT was constructed on a stretch of Hindmarsh Drive over the crest of Red Hill between the intersection of Mugga Lane and Dalrymple Street at its eastern end, and near Tyagarah Street, O’Malley at its western end.

These amendments prescribe an additional point to point camera location in the ACT.

Matters that are required by law to describe the location of a point to point camera operation are set out in Table 103B and Table 1.3 in Part 1.3 of Schedule 1. These matters include:

Table 103B
The detection points, the average speed limit, the shortest practicable distance between the detection points, the shortest practicable route and the minimum time that a driver could take to drive a vehicle on the route within the speed limit; and

Table 1.3
The location codes that identify the places where images are taken by the cameras.  The location codes are recorded on the images as they are taken.

Amendments

New items 3 and 4 have been included in Table 103B and new items 5-8 have been included in Table 1.3 in Part 1.3 of Schedule 1 of the Road Transport (Safety and Traffic Management) Regulation 2000 to include the above requirements.

It is not considered that these amendments, which are technical in nature, give rise to human rights issues. For a discussion of the human rights implications of point to point camera systems generally, readers are referred to the Explanatory Statement and Supplementary Explanatory Statement for the Road Transport (Safety and Traffic Management) Amendment Act 2011.^[1]

Notes on Clauses

Clause 1 Name of Regulation

This is a formal provision that sets out the name of the regulation.

Clause 2 Commencement

This is a formal provision that explains when the regulation commences.



Clause 3 Legislation amended

This provision explains that the legislation amended by these amendments is the Road Transport (Safety and Traffic Management) Regulation 2000.

Clause 4 Table 103B, new items

This clause inserts new matters in table 103B that must be prescribed for section 22AA and section 23B of the Act. These matters are the detection points (Column 2) the shortest practicable distance between the detection points (Column 3), the shortest practicable route (Column 4), the minimum time that a driver could take to drive a vehicle on the route within the speed limit (Column 5) and the average speed limit over that route (Column 6).

It should be noted that there are two detection points for each route, one at the beginning and one at the end. There is a northbound route and a southbound route for this section of Athllon Drive, so there are four detection points in total. The geographic location of each of the detection points is expressed using the ACT Standard Grid Coordinates system, which is defined in the Surveyor (Surveyor-General) Practice Directions 2010 (No.2) DI2010-267, schedule 2.

Clause 5 Schedule 1, Part 1.3, new items

This clause inserts the location codes that identify the places where images are taken by the cameras used in an average speed detection system. The location codes are recorded on the images as they are taken.

^[1] http://www.legislation.act.gov.au/b/db_42144/RelatedMaterials/explanatory_statements.asp