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Section 119 Road Transport Act 2013
Sale, Purchase or Use of Prohibited Speed Measuring Evasion Articles

Section 119 of the Road Transport Act 2013 (NSW) is ‘Sale, Purchase or Use of Prohibited Speed Measuring Evasion Articles’ and is extracted below.

If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.

We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.

The Legislation

Section 119 of the Road Transport Act 2013 is Sale, Purchase or Use of Prohibited Speed Measuring Evasion Articles and reads as follows:

Sale, purchase or use of prohibited speed measuring evasion articles

(cf STM Act, s 48)

(1) A person must not sell or offer for sale, or purchase, a prohibited speed measuring evasion article.

Maximum penalty: 20 penalty units.

(2) A person must not drive a motor vehicle, or cause a motor vehicle or trailer to stand, on a road if a prohibited speed measuring evasion article is fitted or applied to, or carried in, the vehicle or trailer.

Maximum penalty: 20 penalty units.

(3) The responsible person for a motor vehicle or trailer that is driven or stands on a road in contravention of subsection (2) is guilty of an offence.

The penalties

Maximum penalty: 20 penalty units.

(4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court’s satisfaction that the article concerned was not designed as a prohibited speed measuring evasion article but was designed for another purpose.

(5) It is a defence to a prosecution for an offence against subsection (2) or (3) if the defendant proves to the court’s satisfaction that, at the time of the alleged offence:

(a) the vehicle was in the course of a journey to a place appointed by a police officer, an officer of the Authority or a court, in order to surrender the article, or

(b) the vehicle was the subject of a notice, issued in accordance with the statutory rules, requiring the responsible person for the vehicle to remove the article from the vehicle within a specified time and that time had not expired, or

(c) the defendant did not know, and in the circumstances could not reasonably be expected to have known, that the article concerned was fitted or applied to, or was being carried in, the vehicle or trailer.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.

Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.

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