Speeding Fines since 1999 may be thrown out

[merlin]

Speeding fines may come to sudden halt

EVERY speed camera fine issued by the Roads and Traffic Authority since 1999 may be invalid, after a judge ruled the photos used to convict drivers were meaningless.

The decision in the Sydney District Court by Judge John Nicholson, SC, could cost the State Government hundreds of millions of dollars, said Dennis Miralis, the solicitor who won the case.

The authority had sought to convict his client, David Baldock, of Castlecrag, of driving at 93kmh in an 80kmh zone on the M5 at Bardwell Park in June last year, Mr Miralis said. But Judge Nicholson ruled that the photograph provided by the authority was not valid evidence.

He found that to be given weight as evidence the digital cameras that took the photos had to be calibrated every day. The authority calibrated its cameras once a year, Mr Miralis said.

He said every person convicted on such evidence since 1999 - when digital cameras came in - had been improperly convicted.

"The biggest problem the RTA face is how they're going to run these prosecutions in the future," Mr Miralis said.

He said he would ask the Attorney-General's department to hold an inquiry into how the authority's lawyers had conducted their court cases.

The authority said its cameras were accurate and denied the court's decision had set a precedent. Every camera was subject to "comprehensive" tests, a spokesman said. The authority would consider an appeal.

In March Mr Miralis won an appeal in the Supreme Court against the authority over a speed camera photo that did not have the proper "security indicators". The court overturned his client's $75 fine.

In February the authority lost another appeal when the Supreme Court said a speed camera fine had wrongly stipulated which lane the motorist was using.

There are 113 fixed speed cameras in NSW. Last year $57.3 million worth of speed camera fines were issued, up from $50.9 million in 2004 and $41.6 million in 2003.

Source: The Age Newspaper

[S3SR]

my opinion leave it alone... this sorta thing will only mean those who were speeding will get off, and new offenders will think they can get away with it... IMO everyday there is someone in the world who proves my theory that we are getting dumber everyday...

[VSSII]

Originally Posted by FALCONSR

my opinion leave it alone... this sorta thing will only mean those who were speeding will get off, and new offenders will think they can get away with it... IMO everyday there is someone in the world who proves my theory that we are getting dumber everyday...

I totally agree. Whatever happened to taking responsibility for your actions? We're not talking about 4 or 5klm over the limit here.

[Bud Bud]

Originally Posted by VSSII

I totally agree. Whatever happened to taking responsibility for your actions? We're not talking about 4 or 5klm over the limit here.

Don’t forget though, 4 or 5 k/ph technically is still enough to get busted in Vic!

I should Know as I received an 85 in an 80 infringement notice while travelling along the Monash freeway a couple of years ago.

This was also dismissed along with everyone else’s as they could not guarantee the accuracy of these timed cameras then. I know I was doing 79-80 as I had my cruise set and people were passing me!

[flappist]

Did it ever occur to you that maybe some of those fined were actually not guilty?

I worries me that there is a growing "acceptance" by people that whatever the government flunkies say is unequivical truth.

Do you think we all should have GPS tracking so whenevr we go faster than THEY think we should or accellerate at a greater rate than THEY think we should or go somewhere that THEY think we shouldn't we will immediately be punished?

In a recent public survey (details on CH7 & CH9 news in the last few weeks) it was revealed that over 80 percent of drivers exceed the posted speed limits when they felt it was safe to do so.

Australia is a democracy which means in theory that WE THE PEOPLE decide what is and isn't law and if 80 percent of WE THE PEOPLE are going faster than the posted speed limits then the posted speed limits are wrong because it is WE THE PEOPLE who should decide it not the faceless unelected nazis that hide in government offices.

If you think that mindless obedience and total governement control of everything is the way of the future then move to North Korea and enjoy it......

[Mechan1k]

Recently went to Melbourne with the AU crew from Sydney .... we knew about the cameras on the freeways and did the speed limit ... I led as I had cruise set to my GPS spot on the speed limit ... no fines in the mail at all from any of us.

Wasn't really that hard though ... we know Victoria is the Nazi camera state ... so we all took it nice and easy.

If you speed ... and you get caught ... you pay the consequences really.

[merlin]

Originally Posted by flappist

Did it ever occur to you that maybe some of those fined were actually not guilty?

I worries me that there is a growing "acceptance" by people that whatever the government flunkies say is unequivical truth.

In a recent public survey (details on CH7 & CH9 news in the last few weeks) it was revealed that over 80 percent of drivers exceed the posted speed limits when they felt it was safe to do so.

Australia is a democracy which means in theory that WE THE PEOPLE decide what is and isn't law and if 80 percent of WE THE PEOPLE are going faster than the posted speed limits then the posted speed limits are wrong because it is WE THE PEOPLE who should decide it not the faceless unelected nazis that hide in government offices.

If you think that mindless obedience and total governement control of everything is the way of the future then move to North Korea and enjoy it......

I totally agree with you Flappist. It disturbs me the number of people who blindly accept these ultra low tolerances/limits.

[Abacus]

The NSW government won't grant a blanket refund of fines under any circumstances. Most likely they will pass retrospective legislation deeming their annual calibrations to be sufficient.

Even if they don't do that, each claimant will have to mount a separate action against their conviction, most of which will be out time. Because of the costs, time and general aggravation involved, the action would not be worthwhile unless your are actually in a licence-threatening position. Those who just lost a few points some years ago, and have now got them back, are better off putting it all behind them.

[Ruger]

give the gov hell just for the sake of it.
time for the people to do the revenue raising

[GCFordChic]

Originally Posted by flappist

Australia is a democracy which means in theory that WE THE PEOPLE decide what is and isn't law and if 80 percent of WE THE PEOPLE are going faster than the posted speed limits then the posted speed limits are wrong because it is WE THE PEOPLE who should decide it not the faceless unelected nazis that hide in government offices.

WE THE PEOPLE decide our representatives in government.
(begin sarcasm)But wouldnt it be great if every law and decision was made based on a poll of a small amount of the population facilitated by some media entity....yeah great!! (end sarcasm)

I'll wait till this gets decided on in the Supreme Court before bothering to comment on what will or will not happen.

And to think this is in NSW where your tolerance level is higher than 3km/hr...like good ol QLD and VIC.

[gbright]

Originally Posted by GCFordChic

WE THE PEOPLE decide our representatives in government.
(begin sarcasm)But wouldnt it be great if every law and decision was made based on a poll of a small amount of the population facilitated by some media entity....yeah great!! (end sarcasm)

I'll wait till this gets decided on in the Supreme Court before bothering to comment on what will or will not happen.

And to think this is in NSW where your tolerance level is higher than 3km/hr...like good ol QLD and VIC.

.


nice to see you getting riled up lol (its been a while)
hey havnt i seen a few thread's like this before???? im not touching this