Speed enforcement
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Table of Contents
Table of Contents
2
Executive summary
4
Overview
5
Speed tolerance thresholds
6
Speed threshold levels
6
Reduced speed enforcement threshold during official New Zealand holiday periods
6
Use of discretion
7
School zones
7
Speed enforcement by officers
8
Tactics
8
Police vehicle speedometers
8
Estimated speeds
8
Pace checking
8
Results of test in kilometres per hour
9
Who can use radar/laser equipment?
9
Certification standards
9
Calibration testing
9
Deployment of radar/laser equipment
10
Motorcycle officers
10
Interference with operation of speed measuring device
11
Roles and responsibilities
11
Speed camera enforcement
13
Who can use speed camera enforcement equipment?
13
Roles and responsibilities
13
Speed camera site selection and deployment
15
Site selection process for static and mobile cameras
15
Criteria for static speed camera sites
16
Criteria for mobile speed camera sites
16
Mobile speed camera deployment
16
School zone mobile speed camera sites
17
School zone overview
17
School zone site selection
17
Speed camera vehicle deployment standard
17
Speed camera deployment data and images
18
Mobile and static cameras use digital media
18
Send DVDs to the Police Infringement Bureau (PIB) within five days
18
Static camera incident control number
18
Legal framework for speed enforcement
20
Speeding offences
20
Liability for moving vehicle offences
20
Defences against proceedings
20
Approved vehicle surveillance equipment
20
Certification standards
20
Speed camera equipment certificates of accuracy
21
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Evidential sufficiency of approved vehicle surveillance equipment image
21
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Speed enforcement
Executive summary
This chapter provides staff guidance on conducting speed enforcement.
The key, critical points for staff to note are:
Excessive speed is a key cause of crashes.
Speed limits must be consistently enforced.
All Police speed enforcement equipment must be calibrated within a 12 month period.
Only Police who hold, or are undergoing supervised training for, a Certificate of Proficiency for New Zealand Police
Speed Enforcement Equipment, may use radar/laser equipment.
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Speed enforcement
Overview
Excess speed is a key cause of crashes in New Zealand and a major contributor to injuries suffered. An analysis of New
Zealand fatal crashes has shown that speeding is a valid and significant predictor of crash rates. Proactive speed
enforcement to change driver behaviour is the most effective enforcement activity, because of its wide deterrent effects, to
reduce vehicle speed.
Statistics from the New Zealand Transport Agency (NZTA) indicate that speed contributed to 31 percent of fatal crashes and
21 percent of serious injury crashes in the period 2013 to 2015. In 2015, 101 people died, 496 were seriously injured, and
1,831 received minor injuries in crashes where speed was a contributing factor. The social cost of these crashes was about
$940 million.
Speed limits must be consistently enforced by appropriately trained Police employees, using approved and calibrated
equipment to:
reduce mean speeds and influence a reduction in road trauma
ensure Police enforcement action is fair and transparent
provide motorists with certainty of outcome should they exceed a speed limit.
The content of this chapter covers both speed enforcement (estimated speeds, pace checking and operating radar/laser
equipment), and speed camera enforcement (operation of mobile and static cameras). It applies to all Police employees.
Refer to the '
Fleeing drivers' and '
Traffic patrol techniques' chapters for stopping drivers.
For the operation of speed detection equipment refer to the 'Speed Detection Equipment Operators Manual' below.
speed-detection-device-operators-manual.pdf
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Speed enforcement
Speed tolerance thresholds
Speed threshold levels
The following principles apply, other than in exceptional circumstances.
Drivers who are detected…
must be…
at a speed of more than 10 km/h above the speed limit
issued with an infringement offence notice or
charging document.
driving a heavy motor vehicle, at a speed of more than 5 km/h
above the speed limit
towing a light trailer, at a speed of more than 5 km/h above the
speed limit
within a
school zone, at a speed of more than 4 km/h above the
speed limit
Police may issue an offence notice at any speed above the posted speed limit, but should take note of any applicable
threshold level and exercise their discretion where appropriate. A
written traffic warning should not be issued for speed
(in this context speeding outside any established threshold) unless there is an exceptional circumstance, which must be
recorded on the rear of any WTW issued.
Remember: Enforce speed limits fairly, transparently and consistently. Refer to the
'Written Traffic Warnings' chapter for
further information on warnings.
Reduced speed enforcement threshold during official New Zealand holiday periods
Increased traffic density and higher than usual network demands increase the road trauma risk during New Zealand's
official holiday periods.
Police enforce a reduced speed enforcement threshold of 4 km/h during official holiday periods. Motorists exceeding the
4km/h threshold must be dealt with promptly. The action taken will be at the discretion of Police, after consideration of
the circumstances surrounding the offending. However, it is vital that visible Police action occurs.
The official New Zealand holiday periods, for which the Ministry of Transport reports holiday fatalities, are the:
Easter holiday, which covers the period from 4pm on the day before Good Friday to 6am the following Tuesday
Queen's Birthday holiday, which covers the period from 4pm on the Friday before the weekend to 6am the following
Tuesday
Labour Weekend holiday, which covers the period from 4pm on the Friday before the holiday to 6am the following
Tuesday
Christmas holiday, which covers the period from 4pm on 24 December (or 22 or 23 December if 24 December falls on
a Saturday or Sunday respectively) to 6am on:
3 January, if 1 January falls on a Monday, Tuesday or Wednesday
4 January, if 1 January falls on a Sunday
5 January, if 1 January falls on Thursday, Friday or Saturday.
Note: Implementation and enforcement of a reduced speed enforcement threshold outside the official holiday periods
must be approved in writing by the Assistant Commissioner: Road Policing or on the direction of the Police Executive.
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Speed enforcement
Use of discretion
Applying discretion to speeding offences should be considered in line with the following principles:
Police will always consider driver explanations.
Discretion should be exercised wisely and within the guidelines of this chapter.
A driver must show exceptional mitigating circumstances to justify being issued a
warning for a trauma-causing
offence.
Police will treat all offending drivers fairly and consistently.
Police may exercise greater discretion when enforcing offences not directly related to speed or trauma (e.g. a warrant of
fitness that has expired within a month of the vehicle being stopped by Police). Refer to the '
Traffic compliance scheme'
chapter.
School zones
A school zone is designated as a single named road, no more than 250 metres from the school boundary, on which any
direct school access exists. Early childhood centres can be 'school zoned' if a road sign identifies where the centre is.
To protect children and vulnerable road users near schools, speed limits are enforced on a risk-targeted basis between
7:30am and 6pm on any school day or any other time there is a school activity or event. This may include sports activities
and drama nights.
Unless there are exceptional circumstances, any driver detected travelling at a speed of more than 4 km/h above the
school zone speed limit
must be issued an offence notice.
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Speed enforcement
Speed enforcement by officers
Tactics
Police:
employ good tactics to ensure speed detection and enforcement does not pose unnecessary risks to public and
Police safety
take care when performing a U-turn, and use emergency lights and sirens promptly so that drivers become aware of
the Police presence and pull over at the earliest possible opportunity
should not accelerate unnecessarily fast from stationary mode for the purpose of speed enforcement.
Police vehicle speedometers
Police vehicles used for speed enforcement purposes must have their speedometers calibrated annually in accordance
with CU10 (Standard Test and Calibration Procedure Speedometer Testing) by appropriately qualified personnel trained by
Police Calibration Services and duly authorised for that purpose by the Commissioner of Police. When vehicles pass
calibration, a Certificate of Accuracy Speedometer and Odometer (POL430) is issued, and must be carried in the patrol
vehicle.
Estimated speeds
An estimated speed is an assessment made by Police of a motor vehicle observed to be travelling at a speed well in excess
of the prescribed speed limit. The offending driver's speed has not or could not be detected by the use of any speed
detection equipment or by any pace checking.
In estimating the driver's speed, Police should rely on their experience in assessing speed. This should include proven
experience with operating Police speed detection equipment, and:
the relative speed of other traffic in relation to the alleged drivers speed, or
any admission by the driver, or
the speed of the offending driver relative to a patrol vehicles speed.
Drivers cannot be issued an Infringement Offence Notice (ION) for an estimated excess speed. The offence must be
proceeded with by way of a charging document.
Pace checking
Pace checking is a form of speed enforcement using the Police vehicle's certified speedometer to establish the speed of
the target vehicle. In general, this should be conducted at a constant speed over a distance of not less than 250 metres. If
Police drive above the speed limit to gather evidence of an alleged offence, then Police are reliant on the defences under
the
Land Transport (Road User) Rule 2004 and the
Land Transport Act 1998 for non-compliance with certain traffic rules
and regulations where compliance would prevent the execution of that duty.
An appropriate following distance should be maintained according to the
Land Transport (Road User) Rule 2004.
Police must drive at an appropriate speed and manner and bear in mind that they:
are individually legally responsible for their actions
must prioritise public and Police safety
must adhere to the
'Urgent duty driving' chapter.
Pace checks should not be carried out in temporary speed limit areas or
school zones. Any enforcement in temporary
speed limit areas or school zones should be by way of estimated speed, radar/laser, mobile speed cameras and static
speed cameras.
However, situations may arise where a pace check in a temporary speed limit or school zone can be justified based on your
TENR risk assessment. There is an expectation however that pace checks will not be conducted in high risk areas, e.g., road
works with loose surface material and worksites where workers are only separated from the main traffic flow by cones.
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Speed enforcement
Prior to an ION or charging document being issued, the speedometer accuracy certificate of the Police vehicle must be
reviewed in order to obtain the true speed of the alleged speeding driver. Any discrepancy between the Police vehicle
speedometer and the actual speed can then be taken into account.
For example, the following is taken from a Police vehicle Certificate of Accuracy (POL430).
Results of test in kilometres per hour
Vehicle speedometer
30
40
50
60
70
80
90
100
110
120
130
140
150
True speed
29
39
49
59
69
78
88
98
108
118
128
138
148
If a vehicle was pace checked at 120 km/hr, then the ION would be issued for 118 km/hr.
Note:
Police vehicle speedometers should be calibrated within a 12 month period prior to the date of the offence.
Should you identify that the vehicle speedometer is not within the calibration period, consider initiating action based on
an estimated speed. However, IONs cannot be issued for estimated speeds.
Who can use radar/laser equipment?
Only Police who hold or are undergoing supervised training (by a certified instructor qualified in the use of the equipment)
for a Certificate of Proficiency for New Zealand Police Speed Enforcement Equipment may use radar/laser equipment.
If radar/laser equipment is deployed from a vehicle, it must be from a Police owned or operated vehicle.
Note: All radar/laser equipment used by Police must be operated in accordance with the Speed Detection Equipment
Operators Manual.
Certification standards
Section
146 of the Land Transport Act 1998 requires all speed enforcement equipment to be calibrated within a 12 month
period. This includes:
laser speed detection devices
Police vehicle radar speed detectors and tuning forks
Police vehicle speedometers.
Note: Speed enforcement equipment that has not been calibrated within the last 12 months and issued with a current
certificate of accuracy must
not be used for speed enforcement purposes.
Calibration testing
Police Calibration Services (PCS) subjects all radar/laser equipment and Police vehicle speedometers to calibration testing
to ensure the equipment is functioning in accordance with the manufacturer's specifications and accurately records a
vehicle's speed. PCS advises districts when their equipment is due for calibration, and holds the certificates of accuracy for
every device.
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Speed enforcement
Deployment of radar/laser equipment
Radar/laser equipment can be used on all roads, but must be deployed in the following manner.
Ensure
Note
Equipment is operated in accordance with the Police If deployed for speed enforcement purposes. This means laser
Speed Detection Equipment Operators Manual,
speed enforcement equipment can be used only when stationary.
appropriate to the device being used.
When speed is enforced in an area where drivers are Unless there is good reason to do so, such as ensuring the safety of
transitioning from a higher speed to a lower speed
children.
area, Police are not positioned within 250 metres
from the point where the posted speed changes, and This does not apply in
school zones or temporary speed limit areas.
vehicles are not targeted within 250 metres from the
point where the posted speed changes.
When speed is enforced in stationary mode, Police
This is to ensure drivers do not brake at high speed, thus causing
are not positioned within 250 metres of a final merge risk. However, enforcement in mobile mode may occur anywhere.
of a passing lane, and vehicles are not targeted
within 250 metres of a final merge of a passing lane.
When vehicles are used to operate speed
Police have an exemption from parking related offences that arise
enforcement equipment, they are parked in
under the Land Transport (Road User) Rule 2004, by virtue of clause
accordance with the Land Transport (Road User) Rule 1.8(3)(b) where the action was necessary in the performance of duty.
2004, or any bylaws in force for that location.
However, this exemption should be used in limited circumstances.
Despite the general exemption under the Land Transport (Road User
Rule) 2004, for the purposes of staff and public safety it is a
requirement that during the hours of darkness an enforcement
vehicle is illuminated from a light source so that it is visible
or
vehicle park lights are operated when conducting speed checks or
any similar enforcement, when stationary on the roadside.
All radar/laser equipment must be operated in an
Unless there is a specific operation targeting offending consisting
overt manner. Hidden or camouflaged deployment
of:
must not be used.
sustained loss of traction
engagement in an unauthorised street or drag race
dangerous or reckless driving
breaches of heavy motor vehicle (HMV) rules
another type of operation that cannot be effectively or safely
conducted using overt means.
Such speed enforcement operations (involving hidden or
camouflaged deployment) must have written operation orders and
have prior written approval from the District
Road Policing Manager.
In the case of HMVs, prior written approval should be gained from
the
Manager: Commercial Vehicle Investigation Unit.
Unmarked patrol vehicles may be used for speed enforcement.
However, Police are reminded of the risks associated with speed
enforcement from these vehicles.
Motorcycle officers
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Speed enforcement
Motorcycle officers who have completed the Motorcycle Qualifying Course and are trained and certified in the use of laser
devices from Police motorcycles (in accordance with the Police '
Speed Detection Equipment Operators Manual') can
enforce speed limits of traffic travelling in the same direction and on the same side of the road as their motorcycle is
parked.
Any offending vehicle can be signalled to stop, or may be followed and stopped where it is safe or practicable to do so
after full consideration of the risks involved to both the motorcycle officer and other road users.
Interference with operation of speed measuring device
It is an offence to use or possess any equipment designed to interfere with the operation of a speed-measuring device
(radar jammer) in a motor vehicle (section
16B of the Land Transport Act 1998).
Specimen
Charge
Offence
Penalties
B404
Used equipment in a vehicle that interfered with a speed measuring
Infringement fee $50, 25 demerit
device
points
B405
Had equipment in a vehicle designed to interfere with a speed
Infringement fee $50, 25 demerit
measuring device
points
Note: It is
not an offence to use a radar/laser detector.
Roles and responsibilities
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Speed enforcement
Role
has responsibility for ensuring
District Commander
this chapter is implemented in their district
staff are trained and certified to use the equipment they operate in accordance with this
(or their delegated
chapter
representative)
all speed enforcement equipment is presented for calibration when required
district audits are conducted to ensure compliance with this policy
all reasonable measures are taken to ensure equipment is well looked after and operated
correctly
that if any radar or laser equipment supplied to a district is lost or damaged (i.e., outside
normal operational wear or usage), the equipment is replaced or repaired
only certified speed enforcement equipment is used
training records are maintained updated and held in the district
breaches of this chapter are reported to the National Manager: Road Policing.
National Manager:
the appropriate authority is gained before new speed enforcement equipment is deployed
Road Policing
and certified
PCS completes annual certifications of accuracy for speed enforcement equipment
support to districts is provided as appropriate
audit adherence to this chapter.
Road Policing Support
audit 'district audits'
Assurance Group
audit Police vehicle speedometer calibrations to ensure compliance with CU10
reports breaches of this chapter to the National Manager: Road Policing.
Manager: Calibrations
a database is maintained and certificates of proficiency produced for all Police who have
passed the Speed Detection Code of Operations module
the approval system for Police vehicle speedometer calibration is managed
calibration of all radar equipment every 12 months
calibration of all mobile and static speed cameras every 12 months
calibration of all laser equipment every 12 months
inspection and certification of static camera sites every 12 months.
Police involved in
they adhere to this chapter
speed enforcement
they complete daily operating checks and log books
they adhere to the
Speed Detection Equipment Operators Manual.
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Speed enforcement
Speed camera enforcement
Speed cameras have a proven history of reducing speed-related crashes internationally. These cameras assist Police to
reduce serious and fatal crashes on New Zealand roads.
Police works with its road safety partners and communities to reduce vehicle speeds and works strategically with the
National Road Safety Committee and at district, territorial local authority, and area levels to develop Road Safety Action
Plans. All these groups run speed management operations, including deployment of speed cameras.
Traffic safety cameras have been used in New Zealand since 1993. Camera-based enforcement has been carried out using a
mix of mobile (vehicle-mounted) and static (or fixed) cameras.
Speed camera enforcement is managed by Police Calibration Services (PCS) in conjunction with District Road Policing
Managers (RPMs).
Standard operating procedures explain how to download data and undertake other activities associated with the static
cameras. The procedures are available from the Manager: Calibrations.
Note: The use of Police vehicle speedometers and radar and laser equipment is covered in the 'Speed enforcement by
officers' section of this chapter.
Who can use speed camera enforcement equipment?
Only Police trained and certified to operate specific speed camera equipment may operationally deploy such equipment.
Equipment may only be used from Police-owned or -operated vehicles (if operating a mobile camera).
Roles and responsibilities
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Speed enforcement
Roles
Responsible for ensuring
District Commander
this chapter is implemented in their district
employees are trained to use the relevant speed camera enforcement equipment
(or their delegated
all speed enforcement equipment used has a current and valid certificate of
representative)
accuracy
all reasonable measures are taken to ensure the equipment is well looked after
any speed enforcement equipment that is lost or damaged, (beyond normal
operational wear or usage) is replaced or repaired
mobile speed camera site applications are reviewed and approved before
forwarding to the PCS
mobile speed cameras are deployed to address road safety risk(s)
breaches of this chapter are reported to the National Manager: Road Policing.
National Manager: Road
all speed camera equipment is approved and certified before deployment
Policing
that PCS regularly tests and re-certifies speed camera equipment
districts are supported with their speed enforcement programmes as appropriate
audit adherence to this chapter.
Police Infringement Bureau
images are verified before notices are issued
(PIB)
notice explanations are adjudicated fairly and consistently
the original of all deployment register sheets is stored.
Manager: Calibrations
all speed camera operators are trained
all speed camera operator training records are maintained
appropriate speed camera sites are approved
all speed cameras and speed camera sites are maintained by an external service
agency
all speed camera certificates of accuracy are retained
copies of speed camera certificates of accuracy are supplied for disclosure
all mobile and static speed cameras are regularly calibrated with not more than 12
months between certifications
annual inspection and certification of static camera sites.
Road Policing Performance and
the speed camera enforcement programme is continually monitored.
Reporting Team
Speed camera operators
compliance with this chapter
(mobile and static)
compliance with speed camera deployment and health and safety procedures
mobile camera checks and deployment registers are completed and sent to PIB
daily
each static camera's deployment register is updated on each visit to the camera and
left in the side cabinet
data is manually downloaded from each static camera every 2-5 days (depending on
volume of traffic at each site)*
all equipment faults or other problems are reported to PCS promptly.
* A manual process for extracting images from the static cameras, copying them to DVD, and delivering the DVD to PIB will
be followed until the Police ICT system and infrastructure can utilise the wireless capabilities of the new static camera
system and data can be downloaded remotely from the camera. This chapter will be revised and reissued at that point.
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Speed enforcement
Speed camera site selection and deployment
Site selection process for static and mobile cameras
This table below summarises the site selection process for static and mobile speed cameras sites.
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Speed enforcement
Stage Process
1
A formal Sites Selection Methodology was used to rank all state highways and other roads across the country on the
basis of their proven crash risk. The highest risk sites that are physically suitable for a static camera have been
selected; other high-risk sites have been considered for other forms of enforcement activity (such as a mobile
camera).
The Sites Selection Methodology is objective, rigorous, and defensible and has been applied nationally and
consistently.
Future static speed camera sites will be selected on the basis of their proven risk (as determined from the Sites
Selection Methodology) and their suitability for a static camera (or if the site is unsuitable, a mobile camera).
2
For static camera sites, consultation must be undertaken by the National Manager: Road Policing (or their nominee).
For mobile camera sites, consultation must be undertaken by the District Commander (or their nominee).
For both static and mobile camera sites, consultation
must be undertaken with the:
relevant road controlling authority (whether NZTA, a territorial local authority, or Auckland Transport)
New Zealand Automobile Association.
Consultation
may also be undertaken with community groups such as:
road transport associations
local iwi or hapū
school representatives
road safety committees
commerce groups
area health boards
any other interested party.
The consultative group must consider whether the objectives can be met by other means such as traffic engineering
or education.
3
When proposing a new speed camera site, consideration must be given to:
site definition, ensuring a single named roadway
readily identifiable location site commencement and end points
engineering improvements taken or proposed
whether the posted speed limit is lawful
a synopsis of evidence to support the site - such as the number of speed related crashes and traffic analysis
data.
4
Complete the Speed Camera Site Selection form or the Speed Camera Site Selection - School Zone form. Submit the
form to the RPM for review. The RPM, if in agreement, will forward the form to PCS for approval. These forms are
available from the Road Policing section of Police forms in Microsoft Word.
5
The Manager: Calibrations reviews the proposed speed camera site, based on the submitted form, and advises the
District Road Policing Manager of the outcome of this consideration (approved or not approved).
Note: Copies of Speed Camera Site Selection forms should be held within district and the original at the PCS to
ensure traceability.
6
Speed camera site reviews to identify changing vehicle and site dynamics should occur regularly (no more than five
yearly) for both static camera sites (by the National Manager: Road Policing or their nominee) and for mobile
camera sites (by the District Commander or their nominee).
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Speed enforcement
Criteria for static speed camera sites
A static speed camera is a permanent pole installation at an approved speed camera site. The site may or may not have an
active camera. Static cameras detect vehicle speed using radar and laser.
A location with a proven crash risk that warrants consideration as a static camera site must meet the following criteria:
The camera, flash unit, and speed sensor must have clear lines of sight.
The road must be straight and of a constant slope for 100 metres.
The cellular phone signal at the site must be sufficient.
There must be easy and safe access to the site that will not interfere with traffic flows.
If the camera is in an area where drivers are transitioning from a higher speed to a lower speed area, the camera
must not be located within 250 metres from the point where the posted speed changes, and vehicles must not be
targeted within 250 metres of the point where the posted speed changes. This restriction does not apply in school
zones or temporary speed limit areas.
The camera must not be located within 250 metres of the final merge of a passing lane and vehicles must not be
targeted within 250 metres of the final merge of a passing lane.
The site must have access to a suitable power source.
Additionally:
the camera unit must be able to face south to avoid potential sun strike
the equipment must be able to be secured
the equipment must be protected from errant vehicles
no large permanent metal objects are in the radar zone
there can be no temporary blocking objects (e.g., buses at bus stops)
any underground services will not be negatively affected by the construction of the infrastructure necessary for a
static camera.
In addition, confirm that the proposed site will not be subject to engineering changes within the next two years.
Criteria for mobile speed camera sites
A mobile speed camera is located in a Police vehicle that can be moved to any approved speed camera site. Mobile sites
should be no longer than 5 km in rural areas, or three blocks in urban areas. Mobile sites may be adjoining, but each must
be selected independently.
Mobile speed camera deployment
A mobile speed camera vehicle must be deployed in the following manner.
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Speed enforcement
1 A speed camera vehicle
must be legally parked. If it is dark, the vehicle
must have its park lights on.
2 A speed camera vehicle
must be deployed so it is visible to traffic. The speed camera vehicle
must not be hidden.
3 The position in which the speed camera vehicle is parked must, so far as is practicable, be at the optimal distance from
the normal traffic lanes to ensure the safety of the operator and best quality photography, (i.e., about 1½ lane widths
away from the normal path of vehicles).
4 When the speed camera vehicle is being deployed on a roadway, the speed camera vehicle tailgate
must be fully
extended or closed.
5 A speed camera vehicle may park on private land, if the occupier of the land gives clear permission for such use.
6 A speed camera vehicle must be parked on a straight section of road, so the operator has adequate reference points for
aligning the camera. This ensures any vehicle being measured or photographed is travelling on a straight section of
road at that time.
7 If a speed camera vehicle is deployed in an area where drivers are transitioning from a higher speed to a lower speed
area, it
must not be positioned within 250 metres from the point where the posted speed changes, and
must not target
vehicles within 250 metres from the point where the posted speed changes. This restriction does not apply in school
zones or temporary speed limit sites.
8 While a speed camera vehicle may be deployed within a section of road designated as a passing lane, it
must not be
positioned within 250 metres of the final merge of the passing lane and
must not target vehicles within 250 metres of
the final merge of a passing lane.
9 When a camera is operational at a site, a second camera must not be deployed in the same site or an adjoining site.
10 When a speed camera is deployed in a school zone speed camera site, it must be operated only:
between 7:30am to 6pm on a school day; or
at any other time that a school activity occurs, including sports activities held on school grounds.
School zone mobile speed camera sites
School zone overview
A school zone is designated as a single named road, no more than 250 metres from the school boundary, on which any
direct school access exists. Early childhood centres can be 'zoned' as school zones, if a road sign identifies where the
centre is.
School zone site selection
Districts must complete the Speed Camera Site Selection - School Zone form (POL 581) for a school site that requires
attention. School sites do not require a history of speed-related crashes.
These sites, identified through specific site codes, will automatically have the lower tolerance applied when the camera is
deployed. Any ensuing notices must include reference to the school concerned.
Speed camera vehicle deployment standard
See the '
Mobile speed camera deployment' section.
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Speed enforcement
Speed camera deployment data and images
Mobile and static cameras use digital media
The speed cameras record images and statistical deployment data onto a DVD.
Send DVDs to the Police Infringement Bureau (PIB) within five days
To avoid undue delay in initiating proceedings, all DVDs containing downloaded images from camera deployments must be
sent to PIB no later than five days after the first image is recorded.
Standard operating procedures explain how a camera operator or technician downloads data and sends it to the PIB.
Static camera incident control number
Every image is identified by a nine-digit incident control number (ICN) that is generated at the same time as the image and
incorporated into it. This numbering system enables every image to be traced. See the examples below.
The integrity of the speed camera programme is maintained by ICN accuracy.
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Speed enforcement
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Speed enforcement
Legal framework for speed enforcement
Speeding offences
Liability for moving vehicle offences
Section
133 of the Land Transport Act 1998 provides that proceedings may be taken against any person who, at the time of
the offence, was:
the person allegedly committing the offence
the registered owner or one of the owners of the vehicle involved
lawfully entitled to possession of the vehicle, whether jointly owned or not, regardless of whether that person is an
individual or was the driver or person in charge of the vehicle at the time.
Defences against proceedings
Where enforcement action is taken against the registered owner/owners, it is a defence to proceedings under section
133
of the Land Transport Act 1998 if, at the time the offence was committed:
the person driving was not lawfully entitled to possession of the vehicle, whether jointly owned or not; or
another person was driving the vehicle; and
immediately after becoming aware of the alleged offence, the person advised the enforcement authority in
writing of these things, and
the person gives the enforcement authority a statutory declaration:
identifying the driver, by giving their name and address; or
other particulars that might lead to identification; or
establishing that they could not identify the driver, after taking all reasonable steps to do so.
Approved vehicle surveillance equipment
The
Land Transport Act 1998 provides the legal framework for speed cameras by defining approved vehicle surveillance
equipment (AVSE) that can detect moving vehicle offences. Only AVSE approved by the Minister of Police by way of a notice
in the New Zealand Gazetteis allowed to be used to enforce speeding offences.
There are two approved AVSE speed camera devices in New Zealand used for enforcement. The statutory regulation
numbers for the relevant gazetted Land Transport (Approved Vehicle Surveillance Equipment) Notices are shown in this
table.
Publication
Approved Equipment
(No 2) 2008
REDFLEXradarcam camera system (the mobile radar-
SR 2008/447 Land Transport (Approved Vehicle Surveillance
based speed camera system)
Equipment) Notice (No 2) 2008
2014 - SR 2014/191 Land Transport (Approved Vehicle
REDFLEXspeed Radar NK7 static camera system.
Surveillance Equipment) Notice 2014
Certification standards
Testing and issuing of Speed Camera and Tuning Fork Certificates of Accuracy are covered by section
146 of the Land
Transport Act 1998. This section requires the Certificate of Accuracy to have not been issued more than 12 months before
the date of the alleged offence.
Section
146 of the Land Transport Act 1998 mandates testing and calibration for:
radar and laser speed detection devices
mobile and static speed cameras
static speed camera sites (certificates of accuracy (NK8) issued 12 monthly)
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Speed enforcement
tuning forks.
Note: Whenever a speed camera has been repaired, it must be returned to Police Calibration Services for testing and
recertification if required. Any speed enforcement equipment without a current Certificate of Accuracy must
not be used
for speed enforcement. Note also that radars and lasers undergo this same testing.
Speed camera equipment certificates of accuracy
PCS calibrates all speed camera equipment.
PCS advises districts when their speed camera equipment is due for calibration and holds the original certificates of
accuracy for every camera and tuning fork. A copy of the calibration certificate must be kept at the district to which the
equipment has been assigned.
The absence of a current certificate may not jeopardise a prosecution, as long as a Police witness can give evidence that
testing was carried out and the equipment was found to be accurate.
Note: When the accuracy of the device is in question, the defendant must make an application not less than 14 days before
the hearing, for the production of the certificate of accuracy (section
146 of the Land Transport Act 1998).
Evidential sufficiency of approved vehicle surveillance equipment image
Section
145(1) of the Land Transport Act 1998 covers the evidential sufficiency of a moving vehicle image taken by AVSE.
The image must show or record:
a motor vehicle on a road
the speed of the vehicle
the location of the vehicle
the date and time when the image was taken.
In the absence of proof to the contrary, this is sufficient for the image to be produced in evidence for a moving vehicle
offence.
Note: Section
55 of the Land Transport Act 1998 makes it an offence to tamper or interfere with AVSE or with the operation
of AVSE.
Version number:
19
Owner:
NM: Road
Policing
Publication date:
20/12/2016
Last modified:
26/09/2017
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Speed enforcement
Review date:
20/12/2018
Printed on : 14/08/2020
Printed from :
http://tenone.police.govt.nz/pi/speed-enforcement
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Document Outline