Speeding Ticket Redress - Worth a Shot?

[Caduceus]

Driving home from work the other day, middle of day, fine weather and I come up the entrance ramp to the Centenary Highway at Yamanto in Ipswich. *I'm first car away from the lights at the Boonah Road intersection so I accelerate up the hill and take the right branch of the fork to enter the Motorway. *The left fork is the merge lane for the Cunningham highway inbound to Brisbane. *As I pass the Motorway entrance sign I hit resume on the cruise control and the car continues to accelerate through the gentle right hand bend toward 100kph. *As I round the bend there's old mate in his HWP car pointing a radar gun at me and he pings me for 99kph in a "60 zone". *His car is parked 100m before the 100 sign. *Asked why I was speeding, I said I was accelerating onto the motorway to reach 100kph like every other normal person does. *Note that you are not actually required to merge here - it the commencement of the road and there is no oncoming traffic, it's not a residential area, there are zero pedestrians and no intersections. *He wouldn't have a bar of it. *Anyway, 6 points off my licence - 3 times as many as I've ever accumulated in 25 years of driving.

A friend gave me a copy of the QLD TMR "Code of practice" for siting of speed detection equipment and I note that it advises against siting within 100m of an increase in speed sign and 300m of a decrease unless there is reasonable justification on safety grounds or a few other circumstances which don't apply here - school zones etc.

I'm going to write in and request it be withdrawn. *Any tips from the learned?





Above photo is my car parked where the HWP car was set up. *Note the 100kph sign ahead of it.



This was old mate's view of traffic coming toward him. *This corner can easily be taken at 100 in any roadworthy car. *Much like the guy in the light truck was doing as I snapped the photo.

If you want to tell me it's a voluntary tax blah blah, blah, have your say then *:upu: *If I was doing 99 in a residential area, 79 in a school zone or 139 200m further up the road, aside from the fact that I'd never do it, if I was that stupid I'd cop it on the chin. *Does this deserve the same penalty?

[Karmic Man]

It's better if you consult a Traffic solicitor.

My take on this is (I am in NSW) you can either

1. Don't pay the fine and contest this in court and challenge the way the officer booked you was uncalled for and ultimately get the charge dropped.

2. With your clean record you can get a solicitor to write a letter to the Authority and get the penalty dropped as a one off favour.

I would go with option 2.

[BMWRX]

My understanding is the 100m stipulation is from where you were when detected. I suspect you were a further 100m or more from where the HWP was so the guidelines may not save you.

[Caduceus]

Guidelines are only guidelines but they actually refer to the placement of the speed detection equipment, not the point of detection of the offending vehicle.

See below:

6.3 Speed detection devices
6.3.1 Positioning of speed detection devices
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. 13.2.2: '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.
6.3.2 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 (see QPRIME User Guide).
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.

[05C4R]

i hate australia, why do we put up with this shit, this would be a joke in the US or Europe, fucking fight it all the way

[John_01]

You may be able to escape a penalty because of your good driving record. I think in NSW you can apply for it to be waived if you didn't get any demerit points for the previous 10 years.

[x5mad]

I know that road very well and am pissed too that you got a ticket there.

There is no reason for that stretch to be 60km/h. As soon as you pass the traffic lights to enter the motorway it should be 100km/h. It is perfectly safe to do so. No merge, no pedestrians, no school, no tight corner, no nothing!

It is a joke and it pisses me off. Every single speed detection I have come across contravenes any one or more of the guidelines you posted above. There is no concern for safety or the public, pure and simple money grabbing.

[dr.bmw]

yeah like the other's have said, try to have it waived due to exemplary behaviour
it'll cost you more to dispute it and its not like you've lost your license if you do pay it anyway

[Giveway74]

Originally Posted by John_01

You may be able to escape a penalty because of your good driving record. I think in NSW you can apply for it to be waived if you didn't get any demerit points for the previous 10 years.

You can use that only if it is less than 30 over. I learnt that the hard way.

In NSW you have two options. May be similar in QLD
1) pay the fine, take the points and appeal the suspension
2) Take the whole matter to court to have it thrown out.

I went down the path for option 1 on advise from a traffic lawyer as i had a clean record for 15 years and i was speeding in a twisty 60 zone.

Unfortunately for me i did it in a area they are trying to reduce speeding and the judge took the side of the RTA at the time. I did get a 1 month reduction in the suspension to 2 months. My lawyer said it was an unexpected outcome as she had seen worse offences get reduces to 1 week but with other judges.

What annoyed me the most is the 3 first time drink drivers in court before me all got off with section 10 dismissals and a warning not to do it again.

The advise my lawyer gave re option 2 was it would cost a lot more money and time and have an even lower chance of winning.


edit - Just read that in QLD there is no suspension for 30over - I'd write the letter and see how you go. You don't need a lawyer to write it.
Just call on the fact that you were coming into a 100 zone and that you have had a clean record for over 10 years and see how you go.

[1BimmerNut]

Petty cop - if you look down the road the conditions don't change besides the increased limit. HWP gives cops a bad name - you see it all the time radar at the bottom of hills etc - it is what it is - revenue raising. You are lucky in some respects 40 over that's a big fine in NSW plus auto loss of licence I believe

[Zuzu]

Originally Posted by 1BimmerNut

You are lucky in some respects 40 over that's a big fine in NSW plus auto loss of licence I believe

Yep.. Plates are removed on the spot and $2700 fine, plus 6 months loss of licence..

[acediac]

What was the outcome of this, OP? I just got stung for 67 in a 60 zone. QLD is going the way of VIC, probably because they have gorged themselves on the revenue stream and need more to be poured into the trough. There will be no end to this, because when everyone starts sticking to within 5 k's of the limit, they will just introduce surprise 40 zones on wide open roads with a radar gun behind the bush.

What shits me is how so much of the public just swallow the "1 k over is a killer" propaganda, and swear they don't "speed", when in reality they will stay at 60 in a 50 zone all the way through to a 70 zone and drive without any road sense at all.

[TS135i]

^^ the perils of living in a first world country, in the end they all run out of cash.