Section 119 Road Transport Act 2013
Sale, Purchase or Use of Prohibited Speed Measuring Evasion Articles

Section 119 of the Road Transport Act 2013 is Sale, Purchase or Use of Prohibited Speed Measuring Evasion Articles and reads as follows:

Sale, purchase or use of prohibited speed measuring evasion articles

(cf STM Act, s 48)

(1) A person must not sell or offer for sale, or purchase, a prohibited speed measuring evasion article.

Maximum penalty: 20 penalty units.

(2) A person must not drive a motor vehicle, or cause a motor vehicle or trailer to stand, on a road if a prohibited speed measuring evasion article is fitted or applied to, or carried in, the vehicle or trailer.

Maximum penalty: 20 penalty units.

(3) The responsible person for a motor vehicle or trailer that is driven or stands on a road in contravention of subsection (2) is guilty of an offence.

The penalties

Maximum penalty: 20 penalty units.

(4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court’s satisfaction that the article concerned was not designed as a prohibited speed measuring evasion article but was designed for another purpose.

(5) It is a defence to a prosecution for an offence against subsection (2) or (3) if the defendant proves to the court’s satisfaction that, at the time of the alleged offence:

(a) the vehicle was in the course of a journey to a place appointed by a police officer, an officer of the Authority or a court, in order to surrender the article, or

(b) the vehicle was the subject of a notice, issued in accordance with the statutory rules, requiring the responsible person for the vehicle to remove the article from the vehicle within a specified time and that time had not expired, or

(c) the defendant did not know, and in the circumstances could not reasonably be expected to have known, that the article concerned was fitted or applied to, or was being carried in, the vehicle or trailer.

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