6.1 Introduction

This chapter relates to the methods of speed detection, involving the use of:

(i) speed detection devices;

(ii) a police motor vehicle to obtain a follow speed;

(iii) estimation; and

(iv) the speed formula.

6.2 References to legislation

National Measurement Act 1960 (Cwlth)

Police Powers and Responsibilities Act 2000

Transport Operations (Road Use Management) Act 1995

Transport Operations (Road Use Management - Road Rules) Regulation 2009

Workplace Health and Safety Act 1995

Australian Standard AS 2898 Radar speed detection

Australian Standard AS 4691 Laser-based speed detection devices

6.3 Definitions

Definitions relevant to this chapter are described in Chapter 2: 'Definitions' of this Manual

6.3.1 'Amount of tolerance'

The term 'amount of tolerance' when used in relation to speed detection refers to the difference between the prescribed speed limit and the speed at which officers may take enforcement action against motorists exceeding the prescribed speed limit.

6.3.2 'Active speed camera site'

Means an approved speed camera site that has been allocated a site number, recorded in the Traffic Camera Coding Manual, entered into the Traffic Scheduling and Reporting System and made available for operations.

6.3.3 'Approved speed camera site'

Means a location on the road network assessed as suitable for speed camera operations which has been approved for use by a Speed Management Advisory Committee.

6.3.4 'Authorised instructor'

The term 'authorised instructor' in respect of a particular type of speed detection device means an officer who:

(i) has successfully completed the Speed Management Instructor's Course for the particular type of speed detection device as recorded on ADVANCE2; and

(ii) is currently an authorised operator for the particular type of speed dectection device.

6.3.5 'Authorised operator'

The term 'authorised operator' in respect of a particular type of speed detection device means an officer who:

(i) has successfully completed a Service operator's course in the use of the particular type of speed detection device as recorded on ADVANCE2;

(ii) has operated the relevant type of speed detection device in the last twelve months; and

(iii) where required, has undertaken and maintained authorisation by successfully completing a competency reassessment course in the use of the particular device as recorded on ADVANCE2.

6.3.6 'Deactivated speed camera site'

Means an approved speed camera site that is not available for operations.

6.3.7 'Distance calibration base'

The term means an area dedicated to the testing of LIDAR speed detection devices, for zero velocity at a known distance.

6.3.8 'Speed camera'

The term means a speed detection device to which a photographic device or image capture device is attached that is:

(i) an approved photographic detection device in accordance with s. 208: 'Approved photographic detection devices' of the Traffic Regulation; and

(ii) managed by the Traffic Camera Office.

6.3.9 'Traffic Scheduling and Reporting System'

Means a computer based information management system containing data relating to approved speed camera sites within Queensland and which selects sites where speed cameras should be operated on a day-to-day basis.

6.3.10 'Speed detection device'

The term means a device that is designed for measuring vehicle speeds and includes Radar, LIDAR and Speed Camera speed detection devices operated by the Queensland Police Service.

6.3.11 'Speed Management Advisory Committee'

Means a stakeholder group who endeavour to provide a safe road environment for all road users within their respective regions or districts by:

• monitoring and reviewing speed issues on all roads in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and other appropriate guidelines;
   
• considering contributions to the committee on speed related issues from abroad spectrum of stakeholders, and providing responses, which are consistent with those issued by similar authorities across the state; and
   
• the approval of proposed speed camera sites.

The committee will comprise of technical and operational members and all decisions will be based on technical grounds. These committees will generally consist of, but are not limited to, representatives from:

• Queensland Police Service (QPS) (Chair);
   
• Queensland Transport (QT);
   
• Department of Main Roads (DMR);
   
• local authorities; and
   
• Royal Automobile Club of Queensland (RACQ).

6.3.12 'Traffic Camera Coding Manual'

The term means the Traffic Camera Coding Manual issued by the Commissioner and which contains a list of sites which have been approved for speed camera operations within Queensland.

6.3.13 'Traffic Camera Office'

Means the QPS organisational unit known as Traffic Camera Office, State Traffic Support Branch, Operations Support Command which is responsible for the management of camera detected offences.

6.4 Speed detection and methods

6.4.1 Purpose of speed detection

Speed detection and enforcement are necessary components of traffic policing and are, amongst other things, designed to:

(i) reduce the incidence of traffic incidents, traffic related injuries, deaths, road trauma and damage to property;

(ii) encourage compliance with speed limits;

(iii) achieve safe and effective regulation and control of traffic; and

(iv) reduce, by enforcement, the number of road users exceeding speed limits.

6.4.2 Speed detection methods

PROCEDURE

Contravention of speed limits is an offence against s. 20 of the Transport Operations (Road Use Management - Road Rules) Regulation. For a successful prosecution of an offence of exceeding the speed limit, in addition to other matters, officers are required to prove that the offender drove at a speed over the speed limit applying to the driver for the length of road where the driver was driving. This may be achieved in a number of ways including the use of:

(i) speed detection devices;

(ii) follow speed;

(iii) estimation; and

(iv) speed formula.

6.5 Speed detection devices

6.5.1 Positioning of speed detection devices (excluding speed cameras)

POLICY

Officers operating speed detection devices should be able to justify their reasons for operating such devices in areas where such use may be open to question.

Justification for use of a speed detection device may include:

(i) a history of traffic incidents occurring in the locality;

(ii) complaints of speeding vehicles being received from members of the public. The 'Traffic Complaint' functionality within QPRIME should be used to identify such complaints (see s. 13.4.2: 'Traffic complaints by members of the public' of this Manual);

(iii) officers having observed speeding offences in the area. Consultation with local authorities or the Department of Transport and Main Roads should be considered to establish that there are no other means of overcoming the situation, such as increased speed limits or traffic engineering solutions; or

(iv) locations where there is a real threat to the safety of road users (including road construction workers).

The use of a speed detection device at a site must be consistent with the perceived need for speed limit enforcement and the benefits likely to be gained for society due to the device being operated at that location.

6.5.2 Restrictions on speed detection device site locations (restricted site locations)

POLICY

Speed detection devices should not generally be operated in the following restricted site locations:

(i) on a road which could be described as the downgrade of a hill;

(ii) on a road within 300 metres after a sign indicating any decrease in the prescribed speed limit;

(iii) on a road within 100 metres before a sign indicating any increase in the prescribed limit; or

(iv) where the length of the speed zone is less than one kilometre.

It is recognised that in some instances, it may be necessary to perform speed detection operations in restricted site locations. Such instances include:

(i) 40 km/h school zones;

(ii) local neighbourhood areas;

(iii) on downhill grades where there is documented history of crashes; and

(iv) areas where there are a number of public complaints relating to the speeding of vehicles. The 'Traffic Complaint' functionality within QPRIME should be used to identify such areas.

When operating a speed detection device in any restricted site location, the officer in command is to consider the aspect of fairness towards the motoring public. In every case, that officer is accountable for justification of the operation of the device at the restricted site location.

6.5.3 Site selection - speed detection devices

POLICY

In the selection of a site where a speed detection device is to be used, the safety of the general public and officers is paramount. Careful consideration should be given to the physical characteristics of each location prior to the operation of any speed detection device.

Officers responsible for the selection of a site for the operation of a speed detection device should:

(i) select an appropriate site consistent with the provisions of s. 3.5.1: 'Site selection' of this Manual;

(ii) ensure that a clear and uninterrupted view exists between the point at which a valid speed measurement is taken, and the point where the speeding vehicle is to be intercepted, so that the intercepting officer and the authorised operator can visually monitor the vehicle until the point of interception;

(iii) consider the provisions relating to site selection of the Australian Standard applicable to the type of speed detection device being used;

(iv) comply with the provisions of ss. 6.5.1: 'Positioning of speed detection devices' and 6.5.2: 'Restrictions on speed detection device site locations (restricted site locations)' of this Manual;

(v) comply with instructions relating to the use of the particular speed detection device being operated as outlined in the Speed Management Training Manual for that particular speed detection device;

(vi) comply with any instructions outlined by the manufacturer of the particular speed detection device relating to site location; and

(vii) not operate a speed detection device at a site which has had the speed limit reduced for at least twenty-eight days after the new speed limit applies (see s. 6.6.3: 'Speed limit review' of this chapter).

6.5.4 Responsibility of authorised operators

POLICY

Speed detection device operators are to hold a current operator's authorisation for the type of speed detection device being used. An officer who does not hold current operator's authorisation for a particular device, is not to operate a device of that kind unless that person is under the instruction of an officer who holds current instructor's authorisation for that device.

Authorised operators are to comply with the:

(i) relevant legislation including the:

(a) Transport Operations (Road Use Management) Act;

(b) Traffic Regulation; and

(c) Work Health and Safety Act.

(ii) guidelines provided by the manufacturer for operation and testing of the particular speed detection device which are included in the speed management training material for the particular speed detection device;

(iii) relevant Australian Standard applicable to the type of speed detection device being used;

(iv) relevant policy, procedures and orders relating to interception by police when using a speed detection method or the operation of a speed detection device where there is an interception of vehicles measured see Chapter 3: 'Interception by Police' of this Manual. See also s. 14.30: ‘Use of Force’ of the Operational Procedures Manual; and

(v) QPS Speed Management Training Manual applicable for that speed detection device.

Authorised operators are to ensure that the speed detection device:

(i) is not subjected to adverse weather conditions;

(ii) is stored in a dry, safe location for protection;

(iii) is never intentionally pointed directly into any person's eyes at close proximity;

(iv) is not carried on a Service motor cycle or by the motor cyclist whilst the cycle is in motion except when the device is stored in the motor cycle pannier; and

(v) is not placed or stored on the dash board of a Service vehicle or carried externally of the vehicle whilst in motion except for a mobile radar device which is to be fitted in compliance with service policy.

6.5.5 Record of speed detection device operation

PROCEDURE

Officers who operate speed detection devices should record the details of operation in one or more of the following methods:

(i)  an official police notebook;

(ii) site safety plan;

(iii) speed camera set-up and deployment log; or

(iv) similar document.

The recorded details should include:

(i) date, time, location and applicable results of field testing of the particular device.  Field testing should occur at the start and end of the shift;

(ii) particulars of the device used; and

(iii) where applicable, the particulars of the vehicle used to test the device

6.5.6 Resources allocated to a speed detection device operation

POLICY

Efficient and effective policing requires that resources are used to maximum advantage. The use of a speed detection device and the number of officers deployed at the site of a speed detection device operation should be considered. The officer in command should deploy a sufficient number of officers and vehicles to ensure effective and efficient policing at the selected site (see s. 3.5: 'Establishing a static interception site' of this Manual).

6.5.7 Providing evidence of speed detected to intercepted drivers

POLICY

A driver of a motor vehicle intercepted as a result of the use of a speed detection device, where the driver's speed has been detected above the prescribed speed limit should, where practicable, be afforded the opportunity by the authorised operator to view the speed displayed on the speed detection device.

When deciding whether to allow the driver to view the speed detection device, officers are to consider the safety of all persons, including other road users. Certain operational circumstances relating to the deployment of the speed detection device at a particular time may prevent the authorised operator from allowing the driver to view the displayed speed on the speed detection device.

In circumstances where it is considered unsafe or not operationally practical to allow an intercepted driver to view a speed detection device that uses a Micro DigiCam, the officer in charge of the static intercept site may make alternative viewing arrangements. Micro DigiCam viewing software may only be available at limited police stations or establishments.

Issue 19 - 2012