Page 4392 - Week 10 - Thursday, 22 September 2011
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the rear, as this enables also the capture of images of motorcycle numberplates, which, of course, are positioned only on the rear of those vehicles. However, it is not always possible to situate cameras to achieve this outcome. Therefore, while speed cameras will generally take photos of the rear, from time to time there may be technical, operational reasons that preclude the use of rear-facing cameras in certain locations.
There are technical limitations on camera placement in some situations. The government can confirm that the point-to-point cameras to be installed on Hindmarsh Drive will photograph the rear of vehicles. All except one of the existing fixed speed and red light cameras in the territory also take images from the rear. The single forward-facing camera is placed that way because, after the mounting for the camera was installed, it was discovered that the unique combination of topography and adjacent structures caused severe interference with the signal to the camera and an accurate signal could only be obtained for front-facing images in that particular location.
The mobile camera vans have the option of taking images either from the front or from the rear. The factors that affect the direction from which an image will be taken include the width of the street where the van is set up and safety factors. These issues include general traffic safety factors, such as the potential for collisions between oncoming vehicles and the camera van and the job safety risks to the camera operator.
Mandating only one direction for taking images in every situation would limit the government’s capacity to deploy cameras, particularly the mobile camera vans, in places where they can play an effective role in deterring speeding.
Ms Bresnan has attempted to qualify the requirement that images be taken from the rear by the terms of proposed new section 24C(3), which provides that images may be taken from the front, if taking an image from the rear would be dangerous of impractical and, as far as practicable, an image of the vehicle’s driver is not taken.
It is essential that there be no doubt that the Road Transport Authority does not have to establish in court that it was, in fact, dangerous or impractical to take the photograph on which a proceeding for an offence is based from the rear of the vehicle concerned. The direction from which an image was taken must not be grounds for mounting a legal challenge to the admissibility or validity of the image in a proceeding for which the image is relevant evidence.
There are always individuals and legal representatives who will, understandably, exploit vague or unclear provisions in legislation. If Assembly members are in any doubt about the possible avenue of challenge becoming a reality unless it is specifically precluded, they may like to recall the case last year of a challenge to a drink-driving matter which was based on nothing more than a missing umlaut in the description of breath analysis equipment.
MR COE (Ginninderra) (5.59): The Canberra Liberals will be supporting this amendment.
Amendment agreed to.
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