Photo requirements for traffic fines

Question

Is it legal for the traffic department to send you a fine with a picture of my vehicle and the licence plate showing but not have the necessary information (Cross hair, speed, date and time, range) on the photograph. When questioned the prosecutor replied that I can request the proper photograph as it is the one that will be used in court. they do not send out this photograph with the fine because of costs savings. Is this legal/acceptable? Does this not amount to tampering with the evidence?

Answer

No it is not necessary to send the photo, but if you request it they must provide you with the photo.

The requirements for the photo are:
6.1.      GENERAL REQUIREMENTS APPLICABLE TO BOTH UNATTENDED AND ATTENDED OPERATIONS.

            6.1.1     The photograph/image shall at least record the following for Speed measuring equipment:

(a)       date of offence;

(b)       time of offence;

(c)        the speed measured;

(d)       where sensor lines are installed, a view of the whole width of the traffic lane(s) covered by the sensor lines;

(e)       where any other sensors e.g. laser or radar are used, an image of the area with an angle of view sufficient to ensure that the speeding vehicle is clearly identified in relation to the measuring position and other vehicles which may be nearby; and

(f)        the location code.        

6.1.2     An information sign with regard to speed prosecution by camera must be displayed as required by the Director of Public Prosecutions, if the offender is not immediately stopped and informed of the offence.

6.1.3     The photograph/image shall at least record the following for Traffic light violation monitoring equipment:

(a)       date of offence;

(b)       time of offence;

(c)        the yellow interval time of the traffic light preceding the red-light time;

(d)       the elapsed red-light time at time of the photograph/image;

(e)       a view of the whole width of the traffic lane(s) and intersection;

(f)        at least one functioning traffic light must be visible in the photograph / image indicating the interval of the intersection;

(g)       at least two photographs/images indicating the position of the vehicle of the accused must be taken;

(h)       the first image must show the vehicle entering the intersection after a delay time has lapsed at the start of the red-interval of the intersection;

(i)        at least a second image taken a fixed time or distance from the first image indicating the vehicle moving through the red interval of the intersection; and

(j)        the location code.