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QLD Chances of Fighting Speeding Fines?

Discussion in 'Traffic Law Forum' started by Glenn001, 9 August 2016.

  1. Glenn001

    Glenn001 Member

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    Hi,

    For the past 5 years I have kept an unblemished traffic record so that I can apply to be an accredited driver trainer. I have maintained all speed limits and have done every thing correctly. As of last month, my 5-year record is clear with my last speeding fine of 2001 falling off.

    Unfortunately, last week I went through a roadside speed camera and today I received a ticket for doing 67kph in a 60kph zone. On the day, I remember turning left into this particular road from a roundabout and started going up through the gears until I got to 60kph and then the road fell away into a downhill slope.

    Now it is only when you notice that the road is sloping downhill that you think that maybe you might be speeding and sure enough I was so I applied the brake and started to slow down. Unfortunately, I had by then reached the bottom of the hill where the police van was hidden behind a clump of bushes. I would have been over the speed limit by no more than 5 or 6 seconds but that was time enough for the camera to pick me up!

    It is impossible to drive with your eyes glued to your speedo every second, and when you do notice that you have sped up you obviously slow down, but by strategically placing their van at the bottom of the hill they must be making a fortune from not just the habitual speeders but also from people trying to do the right thing as well.

    Do I have a case to fight the speeding fines, do you think?

    Regards
     
  2. Rod

    Rod Well-Known Member

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    Unlikely. You can take it to court, describe your circumstances, and hope you get a kindly magistrate who may dismiss the charge.

    Is it fair you were fined in this circumstances? No. Does it matter if it is not fair re: your speeding fine? No
     
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  3. Glenn001

    Glenn001 Member

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    Thanks Rod for your reply. If it wasn't for the fact that this is really sticking in my craw I would likely agree with you and suck it up!

    I think I am going to contest this one.

    I just downloaded the QLD Traffic manual which was only updated last month, it states that speed detection devices should not generally be operated in restricted site locations, on a road which could be described as a downgrade of a hill is one of them. Their get out of jail free card is if there is a history of crashes on that particular road then they can set up on the downgrade of a hill.

    So I guess my first move would be to use FOI and find out just how many crashes have been reported on that stretch of road!

    Cameras are the only method of speed detection that freezes your indiscretion in a moment in time, whereas the other methods of Follow Speed, Estimation and Speed Formula are taken over a measured distance, in the case of Follow Speed it is a minimum of 200 metres. That is what pisses me of, had it been one of those other methods I would have been back to the speed limit before they could nab me!!!

    It also states that "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." Well if you are camped at the base of a hill and catch motorists doing 7 klm an hour over the limit momentarily I don't think that is showing much fairness or consideration!

    Another interesting point comes from the QLD Police website where they respond to a question about picking up speed down a hill, they say "It is expected that a driver will utilise their brakes if their vehicle exceeds the stated speed limit" Duh!! Isn't that exactly what I did?

    Anyhow, I will await the result of the FOI before I make a decision!
     
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