123KACertificate is evidence of another matter—approved testing device#

  1. (1)Subsection (2) applies to a certificate purporting to be signed by the chief executive or commissioner stating any of the following—
  2. (a)that a stated device or system is an approved testing device;
  3. (b)the results of a stated test carried out using an approved testing device on a stated device or vehicle at a stated time and place;
  4. (c)that a stated vehicle does not comply with the EPAC standard for stated reasons.
  5. (2)For a proceeding for an offence against a transport Act, the certificate is evidence of the matters stated in it.
  6. (3)Subsection (4) applies to a certificate purporting to be signed by the chief executive or commissioner stating—
  7. (a)that, on a stated day or during a stated period, a stated approved testing device was tested or calibrated in accordance with a stated standard or procedure approved by the chief executive or commissioner; or
  8. (b)that a stated approved testing device was operated in accordance with the manufacturer’s instructions or a procedure approved by the chief executive or commissioner.
  9. (4)For a proceeding for an offence against a transport Act, the certificate is evidence—
  10. (a)of the matters stated in it; and
  11. (b)that the stated approved testing device was producing accurate results when tested and for 1 year after the day of testing.
Source: TORUM Act 1995 · page 350 Open PDF at this page Search this document