6.7 Site selection resulting from public complaints and stakeholder concerns (speed cameras)

POLICY

Potential sites brought to the attention of a regional traffic coordinator by public complaints of allegedly speeding vehicles should be considered in the approval process for speed camera sites.

Validation of all public complaints and the application of site selection criteria will determine whether the site subject of the complaint will be appropriate for speed camera operations, whether alternate methods of enforcement should be used, or whether the problem requires an engineering solution.

Regional traffic coordinators are responsible for ensuring that the validation process set out in s. 6.7.1: 'Validation process' of this chapter is carried out in respect any proposed speed camera site brought to their attention by public complaints.

Where road design is believed to contribute to the problem, the Department of Main Roads or relevant local government engineering personnel should be consulted with a view to eliminating the problem through redesign.

See also ss. 6.6.5: 'Site selection - secondary criteria' and 6.8: 'Site selection for roadworks (speed cameras)' of this chapter.

6.7.1 Validation process

POLICY

The officer conducting the validation process is to consider:

(i) whether an immediate engineering solution may overcome the problem (e.g. traffic signs, speed bumps, physical objects to slow traffic down);

(ii) arranging for speed surveys to determine the prevalence of speeding vehicles at the candidate site. These can be carried out using:

(a) hand-held speed detection devices by either:

• Queensland Police Service;
   
• Department of Transport and Main Roads; or
     
• local government authority; or

(b) traffic counters by either:

• Department of Transport and Main Roads;
   
• Queensland Transport; or
   
• local authority; and

(iii) local knowledge as to the occurrence of speeding offences with regard to:

(a) I-TAS data including crash analysis, traffic complaints and previous speed enforcement;

(b) the time of day during which offences are most prevalent;

(c) the day of the week on which offences are most prevalent;

(d) the traffic volume in the area about which community complaints are received; and

(e) any other relevant factors.

Application of the site selection criteria will finally determine the suitability of the proposed site for speed camera operations after which the site details are to be brought before the Speed Management Advisory Committee for attention as outlined in s. 6.6.6: 'Site selection procedures' of this chapter.

If the site is unsuitable for speed camera operations, the regional traffic coordinator should refer the public complaints to the officer in charge of the appropriate traffic branch or station for attention.

6.7.2 Stakeholder concerns

Road safety stakeholders include, but are not limited to:

(i) Queensland Police Service;

(ii) Queensland Transport;

(iii) Department of Main Roads;

(iv) local governments; and

(v) Royal Automobile Club of Queensland (RACQ).

POLICY

Members advised of possible speeding problems by road safety stakeholders are to refer the matter to the relevant regional traffic coordinator.

Regional traffic coordinators are to ensure that such reports are validated as outlined in s. 6.7.1: 'Validation process' of this chapter.

Application of the site selection criteria will finally determine the suitability of the proposed site for speed camera operations after which the site details are to be brought before the Speed Management Advisory Committee for attention as outlined in s. 6.6.6: 'Site selection procedures' of this chapter.

Officers assessing newly constructed roads should be aware that the establishment of speed camera sites may be required as a proactive method of preventing crashes. Additional factors which should be considered in assessing proposed sites in such circumstances include:

(i) uniqueness of the road;

(ii) high speed environment;

(iii) behaviour of motorists on the road;

(iv) road geometry; and

(v) estimated potential for crash casualties.

If the site is unsuitable for speed camera operations, the regional traffic coordinator should refer the matter to the officer in charge of the appropriate traffic branch or station for alternative enforcement.

6.8 Site selection for roadworks (speed cameras)

POLICY

For the purposes of speed camera operations, roadworks consist of construction or maintenance activity affecting the road reserve occurring at a location for a continuous period of at least twenty-eight days and where a temporary reduction of the speed limit has been applied.

Speed camera operations may be carried out at roadwork sites subsequent to application of the site selection criteria. Where a site is deemed unsuitable for speed camera operation, consideration should be given to using other methods of speed detection.

Requests for the use of a speed camera at a roadwork site may be accepted from the Department of Main Roads or local authority responsible for the performance of the work. In some instances, the request may be accepted from a contractor employed by the Department of Main Roads or local authority. Such requests should only be accepted from the Project Engineer or person responsible for the work.

See also ss. 6.6.5: 'Site selection - secondary criteria' and 6.7: 'Site selection resulting from public complaints and stakeholder concerns (speed cameras)' of this chapter.

6.8.1 Site selection - roadwork sites

POLICY

Upon written application by the engineer or other person responsible for the roadworks, the regional traffic coordinator will make or cause to be made all necessary inquiries having regard to the nature of the site and the site selection criteria, and is to take or cause to be taken the following action.

Where the request relates to the use of a speed camera:

(i) the site is to be assessed as follows:

(a) initially, determine whether the location is a speed camera site. If the location is a speed camera site, the site is to be referred to the Officer in Charge, Traffic Camera Office for removal from the Traffic Scheduling and Reporting System. Prior to roadwork sites being approved as speed camera sites such existing speed camera sites are allocated a new site number;

(b) identify any physical site constraints (e.g. reflective objects, overhead power lines). Physical site constraints should be noted on the site selection checklist;

(c) determine whether the site conforms with Australian Standard 2898.2 (as in force at the time). If not, the reasons should be noted on the site selection checklist;

(d) determine whether the site complies with the Workplace Health and Safety Act. If not, deficiencies should be noted on the site selection checklist;

(e) apply any local knowledge relevant to the site that may render the site unsuitable (e.g. high density city traffic, a large number of pedestrians, times of day/day of week). If local knowledge indicates that the site is not appropriate for speed camera use, reasons should be stated on the site selection checklist; and

(f) the regional traffic coordinator is to ensure that the request is assessed, considering all forms of enforcement (speed camera, hand held speed detection device, etc.);

(ii) should the site be approved for the use of a speed camera, and there is sufficient time, the Speed Management Advisory Committee should consider whether the site is to be nominated as a speed camera site. If there is urgency in the request, the regional traffic coordinator may recommend that the candidate site be approved, and then advise the Speed Management Advisory Committee at the next meeting;

(iii) upon nomination by a Speed Management Advisory Committee or, if time does not permit consideration by the Speed Management Advisory Committee, upon the recommendation of the regional traffic coordinator, particulars of the site should be provided to the Officer in Charge, Traffic Camera Office by the regional traffic coordinator for approval; and

(iv) where the site is not considered suitable for the use of a speed camera, the site is to be further considered for other methods of enforcement.

Where the request relates to the use of speed enforcement methods other than speed camera:

(i) the site is to be assessed as to whether it is suitable for speed enforcement using methods other than a speed camera; and

(ii) where it is considered suitable for enforcement by methods other than speed camera, the matter is to be referred to the officer in charge of the relevant traffic branch or station for the necessary enforcement action.

The Officer in Charge, Traffic Camera Office, is to enter particulars of any approved roadwork site into the Traffic Scheduling and Reporting System.

Speed detection operations are not to be conducted at a roadwork site unless:

(i) in the case of speed camera enforcement, signs indicating that speed cameras are used at road works are in place;

(ii) traffic control signs are in accordance with the Manual of Uniform Traffic Control Devices (MUTCD);

(iii) the speed limit appears appropriate for the road conditions at the time;

(iv) adequate media coverage has been given to the site in question to alert motorists that speed camera enforcement at road works may be undertaken; and

(v) road workers are working at the site at the time operations are being conducted.

6.8.2 Media advertising

POLICY

Regional traffic coordinators and officers in charge of traffic branches and establishments should ensure that the use of speed cameras and/or other traffic enforcement methods at the relevant road work site is widely advertised in the media prior to and during the road work.

6.8.3 Conclusion of roadworks

POLICY

Upon the conclusion of roadworks at an approved speed camera site, the site is to be withdrawn by the Officer in Charge, Traffic Camera Office.

Regional traffic coordinators are responsible for ensuring that the Officer in Charge, Traffic Camera Office is advised when road works at an approved speed camera site within their region are concluded.

6.9 Training in operation of speed detection devices

POLICY

The following types of training courses are conducted by the Service in relation to the use of speed detection devices:

(i) Authorised Instructor's Courses:

(a) Gatso Type 24 Speed Camera Instructor Course;

(b) LTI Ultralyte Instructor Course; and

(c) Decatur Genesis II Mobile Radar Instructors Course;

(ii) Authorised Operator's Courses;

(a) direct (hand-held) laser operator's authorisation course (LTI Ultralyte Operator Course);

(b) slant (speed camera) radar operator's authorisation course (Gatso Type 24 Speed Camera Operator Course); and

(c) direct mobile radar operator's authorisation course (Decatur Genesis II Mobile Radar Operators Course); and

(iii) re-authorisation courses for officers whose authorisation as instructors or operators has lapsed. All authorised operators are to undertake a competency reassessment course every three years to retain authorisation in the use of each respective speed detection device.

These courses include instruction in the operation of some or all the devices listed below:

(i) laser speed detection device

(ii) slant speed detection device (speed camera);

(iii) direct (mobile) speed detection device; and

(iv) radar detector detector device.

ORDER

Any officer providing training to other officers in relation to the operation of speed detection device(s) is to ensure that:

(i) such training is given in accordance with the relevant Australian Standard; and

(ii) training is given in accordance with Service approved course material.

Authorised instructors are to ensure that practical training in the operation of speed detection devices is carried out at appropriate sites consistent with the provisions of this Manual and the QPS Speed Management Training Manual for the particular speed detection device.

6.9.1 Conducting and attending speed detection operator's authorisation courses

Conducting speed detection operator's authorisation courses

Speed detection operator's authorisation courses are conducted throughout the State at the discretion of regional traffic coordinators, the relevant regional education and training coordinator and the State Speed Management and Asset Coordinator.

ORDER

A speed detection operator's authorisation course is to be conducted by:

(i) a member of the Radio Electronics Branch for theory; and

(ii) an authorised Speed Detection instructor.

Training for speed detection operator's courses is to:

(i) be consistent with the relevant Australian Standards that apply to the particular device;

(ii) include instruction in other matters relevant to Service policy or procedures;

(iii) be of a duration which is consistent with the relevant training session plans; and

(iv) use approved speed management training material.

Attending direct (hand-held) laser operator's authorisation courses

POLICY

Officers are eligible to attend this course if they have:

(i) completed the First Year Constable Program;

(ii) current authorisation to operate a direct (hand-held) laser speed detection device;

(iii) demonstrated competence in operating the direct (hand-held) laser speed detection device for a documented period of no less than thirty hours within any six month period;

(iv) recorded thirty-five valid speed measurements resulting in the issue of an infringement notice or the commencement of proceedings against a driver within the same six month period as provided for in subsection (iii) above;

(v) demonstrated an effective use of laws, policies and procedures that apply to traffic enforcement;

(vi) demonstrated professionalism and a commitment to road policing; and

(vii) successfully completed the Competency Acquisition Program (CAP) booklets relating to Workplace Health and Safety Legislation (QCW010), Interceptions and Pursuits (QCP002).

Exceptions to these criteria may be determined by submitting a report to the Officer in Charge, State Traffic Support Branch prior to the officer attending the particular course for that speed detection device.

Attending direct (mobile) radar operator's authorisation courses

POLICY

Officers are eligible to attend this course if they have:

(i) completed the First Year Constable Program;

(ii) current authorisation to operate a direct (hand-held) laser speed detection device;

(iii) demonstrated competence in operating the direct (hand-held) laser speed detection device for a documented period of no less than thirty hours within any six month period;

(iv) recorded fifty valid speed measurements resulting in the issue of an infringement notice or the commencement of proceedings against a driver;

(v) demonstrated an effective use of laws, policies and procedures that apply to traffic enforcement;

(vi) demonstrated professionalism and a commitment to road policing; and

(vii) successfully completed the Competency Acquisition Program (CAP) booklets relating to Workplace Health and Safety Legislation (QCW010), Interceptions and Pursuits (QCP002).

Exceptions to these criteria may be determined by submitting a report to the Officer in Charge, State Traffic Support Branch prior to the officer attending the particular course for that speed detection device.

Attending slant (speed camera) radar operator's authorisation courses

POLICY

Officers are eligible to attend this course if they have:

(i) completed the First Year Constable Program;

(ii) current authorisation to operate a direct (hand-held) laser speed detection device;

(iii) demonstrated an effective use of laws, policies and procedures that apply to traffic enforcement;

(iv) demonstrated professionalism and a commitment to road policing; and

(v) successfully completed the Competency Acquisition Program (CAP) booklets relating to Workplace Health and Safety Legislation (QCW010).

Exceptions to these criteria may be determined by submitting a report to the Officer in Charge, State Traffic Support Branch prior to the officer attending the particular course for that speed detection device.

6.9.2 Authorisation, re-authorisation and competency reassessment of speed detection device operators

POLICY

The Officer in Charge of the district or region in which the officer is stationed is to ensure that officers who successfully undertake courses in the operation of speed detection devices are issued with appropriate authorisation.

The authorisation of authorised speed detection device instructors and operators lapses if an authorised instructor or operator:

(i) has not used the relevant speed detection device within a 12 month period as per the Australian Standard; or

(ii) has not successfully completed the relevant reassessment course in ADVANCE2 in the preceding 36 months. 

Authorised instructors should use either a competency reassessment course or full course in the relevant speed detection device to determine re-authorisation of an operator in the relevant speed detection device (see also s. 6.9.4: 'Issue of speed detection device operator's authorisation' of this chapter). In the event that an instructor is not reasonably available, an experienced and currently authorised operator together with a workplace assessor may undertake the reassessment course.

The method of retraining and re-authorisation of authorised operators is to be undertaken by the operator undertaking the relevant re-assessment course outlined on ADVANCE2 as either:

(i) Reassessment LIDAR Operators (QC0346);

(ii) Reassessment Decatur Genesis (QC0665); or

(iii) Reassessment Speed Camera Operators (QC0355).

6.9.3 Training records

POLICY

Records of officers who are authorised instructors or operators are required to be kept and maintained by regional education and training coordinators, for authorised officers within their region, and the State Traffic Support Branch for all authorised officers. These records are to be maintained within the ADVANCE training data base.

Authorised instructors responsible for conducting operator training or reassessment courses which result in officers becoming authorised operators, instructors or retaining their authorisation are to furnish a report to their regional education and training coordinator for entry on ADVANCE2. Reports relating to this training should be retained and managed by the respective training office in line with the Records Retention and Disposal Handbook.

A copy of this report is to be forwarded to the Officer in Charge, State Traffic Support Branch for advice and auditing purposes. A report is not required by State Traffic Support Branch in relation to reassessment courses. 

The report is to contain the:

(i) name of the officer(s) responsible for conducting the course (tutor/s);

(ii) type of course conducted and relevant course code;

(iii) start and finish dates of the course; and

(iv) full name, rank and registered numbers of participants successful at the course and classified as authorised speed detection device operators as a result of the course.

Authorised instructors responsible for conducting operator, re-authorisation and competency reassessment courses which result in officers obtaining or retaining authorisation are to ensure that ADVANCE training records for the operator reflect the participation and competency in the operation of the speed detection device. Records relating to these assessments should be retained and managed by the respective regional training office.

6.9.4 Issue of speed detection device operator's authorisation

POLICY

Upon completion of a training course authorising the use of a speed detection device the course facilitator is to ensure that successful course participants are issued with the appropriate authorisation to operate the specified speed detection device(s).

The authorisation is to be issued within a reasonable time of the training being completed.

Upon successful completion of a speed detection device course, appropriate authorisation is to be issued by either the officer in charge of the region or district in which the officer is stationed.

6.9.5 Issue of speed detection device instructor's authorisation

POLICY

At the completion of each instructors' training course, the Officer in Charge, State Traffic Support Branch is to arrange for the authorisation of successful participants as instructors for the appropriate speed detection device(s).

State Traffic Support Branch is responsible for all training and authorising of instructors in the use of speed detection devices.

6.9.6 Revocation of authorisation (instructors and operators)

POLICY

Authorised instructors and authorised operators should carry out their responsibilities in a professional manner in accordance with Service policy and the:

(i) relevant legislation including:

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

(b) Traffic Regulations;

(c) Workplace Health and Safety Act;

(ii) relevant Australian Standard relating to the particular speed detection device;

(iii) guidelines relating to the use and operation of a speed detection device set by the manufacturer of the equipment; and

(iv) QPS Speed Management Training Manual for the particular speed detection device.

If it becomes evident that an officer who is either an authorised instructor or an authorised operator should not continue to be authorised, the authorisation held by that officer may be revoked. A revocation notice may be issued by the Commissioner or the Officer in Charge, State Traffic Support Branch, Operations Support Command in cases of authorised instructors.

In cases involving authorised operators, the revocation notice may be issued by the officer in charge:

(i) of the district in which the officer is stationed;

(ii) of the region in which the officer is stationed; or

(iii) State Traffic Support Branch.

Revocation notices are to be served on the authorised instructor or authorised operator concerned by a commissioned officer.

6.10 Follow speed

POLICY

Speed detection whereby the speed of a subject vehicle is ascertained by comparing it to that of a following Service vehicle driven by an officer is commonly referred to as the 'follow speed' detection method.

PROCEDURE

An officer intending to check the speed of another vehicle by the follow speed method should consider the following:

(i) the amount of tolerance appropriate in the circumstance (refer to s. 6.13: 'Amount of tolerance allowed in speed detection' of this chapter);

(ii) whether the speedometer of the following vehicle is currently certified as accurate by having been tested within the previous six months (s. 124(1)(p) of the Transport Operations (Road Use Management) Act); and

(iii) whether the distance between the police vehicle and the followed vehicle ensures the safety of the occupants of both vehicles and other road users having regard to the speed of the vehicles, road conditions and weather.

For a successful prosecution of a speeding offence, using the follow speed detection method, officers should be able to provide to a court evidence of the:

(i) accuracy of the speedometer of the motor vehicle used in obtaining the follow speed (the accuracy of a speedometer may be proved by the production of a certificate which complies with the s. 124(1)(p) of the Transport Operations (Road Use Management) Act);

(ii) distance between the following vehicle and the followed vehicle during the time the follow speed was ascertained and any variations to the distance between both vehicles (e.g. the distance may increase as the followed vehicle increases in speed); and

(iii) distance over which the follow speed was ascertained. It is recommended that this distance be a minimum of 200 metres.

6.11 Estimation

POLICY

The estimation method of speed detection relies on the experience of officers gained through their daily activities including their official duties as police officers. Experience gained by an officer often results in the officer developing an ability to estimate the speed of moving vehicles with greater accuracy than the average person. Although estimation evidence by its nature is not entirely accurate, it may be acceptable to a court for the purposes of showing the general speed of a vehicle in order to prove that the speed of a subject vehicle exceeded a prescribed speed limit at a particular time.

The estimation speed detection method should only be used where no other means of speed detection is available such as a speed detection device or vehicle speedometer.

PROCEDURE

An officer intending to use estimation as a means of speed detection should consider that:

(i) a prosecution for an offence of exceeding a prescribed speed limit based solely on the evidence of the officers observations and experience has a greater risk of failing compared to more conventional means of speed detection; and

(ii) it is difficult to prove to a court speeds which are marginally over the prescribed speed limit making the method more suitable to circumstances where the alleged speed of a subject vehicle is substantially in excess of the prescribed speed limit.

Evidence supporting of an officer's estimation of the speed of a vehicle may include:

(i) engine noise being emitted by the subject vehicle, such as excessive revving;

(ii) other noise caused by the subject vehicles' apparent excessive speed such as the sound of wind being generated;

(iii) the time (in seconds) that is taken for the vehicle to travel from one given point to another. In this regard officers should familiarise themselves with the following equation:

'SPEED = DISTANCE DIVIDED BY THE TIME TAKEN TO TRAVEL THAT DISTANCE'.

Once the time taken for the vehicle to travel a certain distance has been taken, the distance can later be measured and the calculation then made as to the speed of the vehicle at the set time;

(iv) any movement of physical objects at the side of the roadway (such as leaves on trees or road signs) as the subject vehicle passes such objects indicating the creation of turbulence or tail winds;

(v) comparisons of the speed of the subject vehicle with that of other vehicles which may be travelling on the particular road at the time; and

(vi) observations of body movement of the vehicle upon the road, especially whilst cornering and under braking.

6.12 Speed formula

The speed formula method of speed detection relies upon the time that a vehicle travels over a known distance. This method can be used by an electronic time switching mechanism or the manual actuation of a timing device.

This method should only be considered when other speed measurements techniques are not practicable (e.g. Vessel speed monitoring)

PROCEDURE

The officer in charge of a speed detection site shall be responsible for selecting this method of operation and prior to deciding to use this method should be satisfied that:

(i) the site is suitable for this method of speed measurement, taking into consideration the operators ability to view the start and finish point of the distance over which the measurement is to be taken: and

(ii) the timing mechanism operator is able to accurately activate the timing mechanism.

ORDER

Officers utilising this method of speed detection are not to calculate the speed from their own mathematics but are to utilise the function inbuilt into the timing device.

The timing device used in this method of speed detection is to be a certified device with traceability to the National Measurement Act.

6.13 Amount of tolerance allowed in speed detection

POLICY

The amount of tolerance allowed in speed detection should not be made public knowledge. This information, if published, may create a de-facto speed limit.

The officer responsible for determining the amount of tolerance to be allowed in any method of speed detection should be:

(i) in the case of a speed detection device operation (other than a speed camera operation), the officer in charge of the site;

(ii) in the case of speed cameras, the Commissioner of Police (the amount of tolerance should be uniform throughout the State at any particular time);

(iii) in the case of a follow speed method, the officer taking enforcement action; and

(iv) in the case of the estimation or speed formula method, the officer making the estimation of the speed or determining the speed by using the speed formula.

With the exception of speed cameras, the amount of tolerance may vary in different circumstances and an officer when determining the appropriate amount of tolerance applicable for a particular circumstance should consider the:

(i) accuracy of the speedometers fitted to vehicles;

(ii) accuracy of the speed detection method used;

(iii) speed limit for that particular road;

(iv) nature of the road (number of lanes, geographic features, etc.);

(v) condition of the road;

(vi) amount of traffic on the road at the time, the day of the week and the time of the day;

(vii) prevailing weather conditions at the time; and

(viii) safe and efficient use of resources at a speed detection device interception site.

6.14 Testing and accuracy calibration

POLICY

The testing and accuracy calibration of speed detection devices and distance calibration bases is the responsibility of the Officer in Charge, Radio and Electronic Section, Queensland Police Depot, Alderley, Brisbane (RES).

6.14.1 Speed detection devices.

POLICY

The Officer in Charge, RES is to ensure that the testing and accuracy calibration of speed detection devices is in compliance with the relevant Australian Standard and the manufacturers guidelines.

The accuracy of the testing equipment is to be traceable to the National Measurement Act.

PROCEDURE

All speed detection devices should be tested and accuracy calibrated every twelve months in compliance with the manufacturers specifications and the relevant Australian Standard.

Authorised operators should ensure that prior to using a speed detection device, the speed detection device:

(i) is sealed in compliance with the relevant Australian Standard or service policy; and

(ii) is currently certified as tested and accuracy calibrated; and

(iii) is field tested in compliance with, and meets, the necessary requirements as outlined by the manufacturer, Australian Standards and Service policy.

6.14.2 Distance calibration bases

Distance calibration bases are established for the accuracy testing of LIDAR speed detection devices. A distance calibration base may be either fixed or portable.

ORDER

Fixed distance calibration bases are to be:

(i) surveyed by a qualified surveyor;

(ii) measured with measuring equipment traceable to the National Measurement Act;

(iii) tested for accuracy:

(a) every two years by a qualified surveyor;

(b) annually by the relevant Radio and Electronics Section; and

(c) whenever damage or movement to the base is detected; and

(iv) established in compliance with the calibration procedure set out by the Supervising Engineer, Surveyor, Land Survey, Queensland Department of Main Roads.

Portable distance calibration bases are to be established:

(i) using tape measures that are certified accurate and traceable to the National Measurement Act;

(ii) using tape measures that are in good condition and are used only whilst certification is current; and

(iii) in compliance with 'Portable Distance Calibration Bases Guidelines' located on the State Traffic Support Branch webpage on the QPS Intranet (Bulletin Board).

The tape measure comprising part of the portable distance calibration base is to be of a quality approved by a recognised verifying authority. The verifying authority is to be able to issue certificates of verification with reference to the National Measurement Act. (e.g. Department of Tourism, Racing and Fair Trading, Office of Fair Trading, Measurement Standards Laboratory).

POLICY

Distance calibration bases may be established within a region at the discretion of the regional traffic coordinator.

Portable distance calibration bases may be acquired and used at the discretion of the regional traffic coordinator.

6.15 Warnings given to motorists about the location of speed detection operations - obstructing or hindering police

Warnings about the location of speed detection devices may be provided by the Service or by Queensland Transport as part of a road safety strategy.

Warnings may also be provided by individuals or organisations with the intent of hindering or obstructing police carrying out speed detection operations (see s. 790: 'Offence to assault or obstruct police officer' of the Police Powers and Responsibilities Act).

Additionally, s. 24A: 'Unlawful SMS messages etc.' of the Summary Offences Act provides that a person must not, in trade or commerce, provide, in Queensland or elsewhere, a service of informing another person of the location of a traffic enforcement site for the purpose of, or that has the effect of, enabling the other person to avoid, or be prepared for, a check made at the site. A person provides a service of informing another person of the location of a traffic enforcement site if the person makes information about the location of a traffic enforcement site available to the other person by a relevant message. See s. 24A(4) of the Summary Offences Act for the definition of relevant message. Officers are to note that s. 24A of the Summary Offences Act does not apply to commercial radio stations.

POLICY

Members are not to be directly involved in, nor support actions by individuals or organisations other than the Service or other agencies acting with the approval of the relevant regional traffic coordinator aimed at warning motorists of speed detection operation locations.

In circumstances where an offence against:

(i) s. 790: 'Offence to assault or obstruct police officer' of the Police Powers and Responsibilities Act which constitute obstruction or hindering of officers in the performance of their duties as a result of warning motorists of the location of speed detection operations; or

(ii) s. 24A: 'Unlawful SMS messages etc' of the Summary Offences Act

is suspected, officers are to conduct a thorough investigation.

Upon finalising such an investigation, and prior to commencing a prosecution, the matter is to be referred through the relevant regional assistant commissioner to the Assistant Commissioner, Operations Support Command.

The Assistant Commissioner, Operations Support Command is to ensure that the legal aspects surrounding the particular matter are examined prior to recommending whether or not a prosecution should be commenced.

Issue 18 - December 2011