NLR 61/21 - Image Capturing Enforcement System Regulations under the Highway Traffic Act

NEWFOUNDLAND AND LABRADOR REGULATION 61/21 Image Capturing Enforcement System Regulations under the Highway Traffic Act (O.C. 2021-277) Amended: 103/25 NEWFOUNDLAND AND LABRADOR REGULATION 61/21 Image Capturing Enforcement System Regulations under the Highway Traffic Act (O.C. 2021-277) (Filed November 4, 2021) Under the authority of section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, November 2, 2021. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Image capturing enforcement system evidence 4. Testing of image capturing enforcement system Short title 1. These regulations may be cited as the Image Capturing Enforcement System Regulations . 61/21 s1 Back to Top Definitions 2. In these regulations, (a) "Act" means the Highway Traffic Act ; and (b) "image capturing enforcement system" includes (i) an intersection safety camera system, (ii) a vehicle mounted photo radar system, (iii) a vehicle mounted photo laser system, (iv) an infrastructure mounted photo radar system, (v) an infrastructure mounted photo laser system, and (vi) a school bus stop arm mounted photo and video system. 61/21 s2 ; 103/25 s1 Back to Top Image capturing enforcement system evidence 3. (1) For the purposes of paragraph 177.2(1)(b) of the Act, a reproduction of an image obtained through the use of (a) an image capturing enforcement system referred to in subparagraphs 2(b)(i) to (v) shall have the following information displayed on, or appended to, the reproduction of the image: (i) the date the image was captured, (ii) the time the image was captured using a 24 hour clock, (iii) the location of the image capturing enforcement system, (iv) the speed the vehicle was travelling stated in kilometres per hour, (v) the posted speed limit, and (vi) the direction of travel of the vehicle; and (b) an image capturing enforcement system referred to in subparagraph 2(b)(vi) shall have the information referred to in subparagraphs (a)(i) to (iii) displayed on, or appended to, the reproduction of the image. (2) Where the image capturing enforcement system captures more than one image, the images shall be numbered and the sequence of the images shall be determined in accordance with the order in which the images were captured. 61/21 s3 ; 103/25 s2 Back to Top Testing of image capturing enforcement system 4. (1) For the purposes of subsection 177.2(3) of the Act, the testing of an image capturing enforcement system shall be conducted in accordance with the recommendations of the manufacturer of the image capturing enforcement system in the time period prescribed in subsection (2). (2) The testing of an image capturing enforcement system shall be conducted (a) within one year before or after the date of the offence charged where the image capturing enforcement system is an intersection safety camera system; or (b) within 6 months before or after the date of the offence charged where the image capturing enforcement system is (i) a vehicle mounted photo radar system, (ii) a vehicle mounted photo laser system, (iii) an infrastructure mounted photo radar system, (iv) an infrastructure mounted photo laser system, or (v) a school bus stop arm mounted photo and video system. 61/21 s4 ; 103/25 s3