NSW How to Dispute Speeding Fines under Traffic Law?

[FJH79]

Hi,
I recently received a speeding fine stating that I was caught on camera in the Lane Cove tunnel doing 95kmh while the speed limit is 80kmh. This is something i very much want to dispute as it doesn't seem right to me. I generally don't speed and always watch for cameras and when it comes to tunnels in Sydney. I am extra careful with my speed, so to get a fine for being 15kmh over seems wrong to me. If it was for 5 or 6kmh I could put it down to a moment of slackness but there's no way I was doing 15kmh over in a tunnel.

How can I dispute speeding fines under Traffic Law? Also can I request information on the type of cam used, it's exact location and it's test records such as calibration? Just as an aside the fine is for $260, yet if you go on the RMS website it states the fine for this offence is $254.

 

[Sophea]

Hi FJH79,

Were you provided with a photograph of your vehicle with the speeding ticket? You can request a review of the speeding fine based on the fact that you believe the penalty notice was issued to the wrong vehicle registration number. I am not personally experienced with such reviews and so I don't know how likely you are to obtain a decision in your favour.

 

[FJH79]

Hi Sophea,

Thank you for your reply and apologies for being slow getting back to you. I checked out the photos and there seemed to be discrepancies so I put in a dispute, however they just replied to inform me I was unsuccessful but I still think I have a case.

I tried to upload the photos but failed!!! Essentially there is 4 photos with my car appearing in 3, the top corner identifies the camera and operator number which shows it to be the same camera even though it's in completely different parts of the tunnel. I'm not sure how this is possible and they just fobbed me off by saying the first photo was only to show the speed which also appears perfectly in the other photos. Next problem is to find out where to go from here.

Cheers

 

[PG007]

Hi FJH79,
I got ticket for exactly same issue like yours. I am going to court as well in next 3 days. As my car appearing in 3 of the 4 photos they have supplied. Were you successful in the court? If you please reply urgently then its good help for me as my hearing date is very close (2 days from today)

 

[PG007]

Hi Sophea,

Thank you for your reply and apologies for being slow getting back to you. I checked out the photos and there seemed to be discrepancies so I put in a dispute, however they just replied to inform me I was unsuccessful but I still think I have a case.

I tried to upload the photos but failed!!! Essentially there is 4 photos with my car appearing in 3, the top corner identifies the camera and operator number which shows it to be the same camera even though it's in completely different parts of the tunnel. I'm not sure how this is possible and they just fobbed me off by saying the first photo was only to show the speed which also appears perfectly in the other photos. Next problem is to find out where to go from here.

Cheers

Hi FJH79,
I got ticket for exactly same issue like yours. I am going to court as well. As my car appearing in 3 of the 4 photos they have supplied. Were you successful in the court? What did the magistrate said? If you please reply urgently then its good help for me as my hearing date is very close (2 days from today)

 

[Ozwarlock67]

It certainly sounds dubious. i'd call their bluff for sure and plead not guilty.
Let the photos do the talking and don't be fobbed off.

They often don't care whether or not an offence was committed. they just want you to pay the fine and not ask questions.

 

[Adam1user]

It certainly sounds dubious. i'd call their bluff for sure and plead not guilty.
Let the photos do the talking and don't be fobbed off.

They often don't care whether or not an offence was committed. they just want you to pay the fine and not ask questions.

Unless there is strong proof that the camera was not working properly, don't risk it, also, the onus on proving the camera is not working properly falls on the person who was issued with the infringement, not RMS. The camera will take minimum 2 photos or more every 4 seconds (have a look at the time in each photo and you can see the time lag).
The only option is that the camera took photo of other vehicle that is next to you, but be careful of what the photos show (I have not seen the photos),

Ozwarlock maybe correct about them giving out infringements but the onus of proof falls on you, so it will be a time consuming and costly for you.