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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-05-19 Daily Xml
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ROAD TRAFFIC (TRAFFIC SPEED ANALYSERS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 7 April 2011.)

Mr VENNING (Schubert) (11:14): Currently there is no legislative authority or requirement that the police have to maintain or meet the Australian Standards regarding lasers—that is, the handheld speed devices. I commend the member for Fisher for moving this motion because it is very similar to the issues that I raised in this house yesterday. It is on the same area.

This bill seeks to introduce standards or rules, if you like, that will ensure that when traffic speed analysers are used to detect speeding motorists, they are all used the same way; that is, there must be a minimum and a maximum acceptable distance for motorists in order for them to be accurate.

Earlier this month, a pensioner had his speeding fine overturned in the Adelaide Magistrates Court. He was accused of driving 8 km/h over the 60 km/h speed limit through the intersection on Sir Donald Bradman Drive. The man in question was adamant that he was not speeding at the time in question and supported his claim by giving evidence that he checked his speedometer prior to and during the time he went through the intersection. Both times it read 60 km/h. The Chief Magistrate found that prosecutors could not prove beyond reasonable doubt that he was speeding. Well, that certainly is a precedent.

Introducing via legislation a requirement that police have to maintain or meet the Australian Standards regarding the use of lasers may prevent such a situation from occurring. Motorists could be assured that if they received an expiation notice it would be correct, and it may also serve to prevent cases unnecessarily clogging up the courts when people have been expiated as a result of inaccuracies in the equipment.

There are no standards that have to be met in regard to the use of police laser guns; the police commissioner's instructions on their use do not even have to be complied with. That really is unacceptable, when fixed or mobile speed cameras have to meet fairly strict standards and testing. There are no set requirements whatsoever for the consistent use of handheld laser guns.

The honourable member for Fisher's bill, although not explicitly the same as my failed motion yesterday, is on the same subject. People are fed up with being used as cash cows by the government when the accuracy of the use of speed lasers is called into question, and it compounds public frustration and anger. The New South Wales O'Farrell government is, today, undertaking an audit on speed camera use and effectiveness, and I commend it for that. The Victorian government is also undertaking an examination of the issue; Ted Baillieu has appointed a camera ombudsman. I think it is high time for a full scale review to be undertaken here, and it could include the matters covered by this bill. I commend the member for Fisher for his strong stand on this issue.

Mr ODENWALDER (Little Para) (11:17): It will come as no surprise that I oppose this bill. I spoke on the motion several weeks ago, and I want to thank the member for Schubert for the media attention I received because of it. As I said in response to the previous motion, which has now been made redundant, I have full confidence in South Australia Police and its current standards and procedures in relation to speed-measuring devices, and I believe this bill is unnecessary.

As I have said, the SAPOL Radio and Technical Support Group is responsible for the maintenance and calibration of these instruments, which are used in the detection of alcohol, speed and red-light offences. All traffic speed analysers used by SAPOL are currently required to meet the Australian Standards that I mentioned in my previous speech: they are AS4691.1:2003 and AS4691.2:2003. They cover the device requirements, calibration, and user operational procedures, and copies of these standards are in the public domain.

If any device is found to be operating outside SAPOL policy it is defected and immediately removed from service until corrected. The calibration of South Australian police laser speed guns is carried out in accordance with the above standards in a calibration laboratory in compliance with the Australian Standard AS ISO/IEC 17025:2005. The operational competency of this laboratory is independently audited by the National Association of Testing Authorities.

The instruments used to carry out the calibration are themselves independently calibrated by external NATA accredited calibration laboratories, and such calibration is traceable to national standards, as per requirements of the National Measurement Act and Regulations 1960. The SAPOL calibration laboratory and staff have recently been reassessed by the National Association of Testing Authorities, and they have demonstrated compliance with the Australian and international general standards for the competence of testing and calibration authorities.

Certificates are produced when required for prosecution purposes, and the courts accept the certificates as evidence of accuracy. Case law also exists about the validity of these certificates. For these reasons, the government and I do not support this bill.

Debate adjourned on motion of Mr Goldsworthy.

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