120AAverage speed of motor vehicle is evidence of actual speed in certain circumstances#

(1) In a proceeding for a prescribed offence in which the speed at which a motor vehicle travelled is relevant, the prosecution may, under this section, rely on the average speed of the vehicle between 2 points on a road as evidence of the actual speed of the vehicle for the purpose of proving the offence.

(2) The following provisions apply in relation to the proceeding—

• (a) the average speed of the vehicle calculated under this section is admissible and is evidence of the actual speed at which the vehicle travelled between the 2 points on the road;
• (b) the vehicle is, for the purpose of calculating the vehicle’s average speed, taken to have travelled between the 2 points on the road by means of the shortest practicable distance between the points regardless of the actual route taken between the points.

(3) The average speed of a motor vehicle between 2 points on a road is to be calculated using the following formula (and expressed in kilometres per hour rounded down to the next whole number)—

where— D is the shortest practicable distance, expressed in metres and rounded down to the next whole number, between the 2 points. T is the time, expressed in seconds, that elapsed between the vehicle passing the 2 points.

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

• (a) the shortest practicable distance, expressed in metres and rounded down to the next whole number, between 2 points on a road;
• (b) the time (expressed in seconds) that elapsed between a motor vehicle passing 2 points on a road;
• (c) the average speed, calculated under this section, at which a motor vehicle travelled between 2 points on a road (including an average speed calculated under this section by a photographic detection device).

(5) In this section—

edge line

has the same meaning it has in the Queensland Road Rules.

shortest practicable distance

between 2 points on a road, means— (a) if the road has edge lines, the shortest distance that a motor vehicle could have travelled between the 2 points without crossing an edge line of the road; or (b) if the road does not have edge lines, the shortest distance that a motor vehicle could have travelled between the 2 points while remaining on the road and without travelling on a road-related area.