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NSW Possible to Contest Speeding Fines?

Discussion in 'Traffic Law Forum' started by sTc, 10 June 2016.

  1. sTc

    sTc Member

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    I have been informed by my employer that they have received speeding fines for the tipper that I drive. I've recently been travelling to Port Kembla and back to Sydney in the morning and afternoon, so I was fined for speeding over the average speed between two points on Mt. Ousley.

    The tipper Tare is 3.4ton and gvm 7.4ton.The tipper had no load both ways. So I thought I could travel at 100kmh and 80kmh, not 40 down the Mt.

    Is there any chance of contesting this? I now have 8 fines.
     
  2. Rod

    Rod Well-Known Member

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    What road rule have they said you have broken?

    I'm having trouble finding the law that specifies the allowed weight for trucks that have to obey the reduced speed sign. If it is 4.5 tonnes I'm sorry to say you are done.

    Taking the matter to court may see a reduction in fines. Not sure of the effect on your licence. You may have a chance to have the number of fines reduced if they are deemed to occurred within 'one trip'. Not sure of the definition of what 'one trip' and if it can be used in your circumstance eg how many fines are on the same day, what was the purpose of travelling each time you received a fine etc.

    A good driving record will definitely help at court as it will help prove honest mistake. A bad record will probably mean you are better off paying the fines.
     
  3. Tim W

    Tim W Lawyer

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    The tare weight is not a factor - liability for point-to-point detection is worked out on the GVM.
    Your ignorance and/or misunderstanding of the law will not be much help as a defence.

    If your points are in play, or if you are facing suspension of your licence or cancellation of your rego for unpaid fines,
    then you need a lawyer who has some experience in heavy vehicle traffic law as a matter of urgency.
     
  4. sTc

    sTc Member

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    Thank you for your help. The fines are over an 8-day period.
     
  5. Tim W

    Tim W Lawyer

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    The timeline of fines is also not relevant.

    You have two options - either pay the fines (perhaps with a time to pay arranged), or
    court-elect each infringement (you may be able to have them dealt with together).
    If you choose the latter, then you face costs as well as any penalty.
    You may find this useful.
     
  6. sTc

    sTc Member

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    Thanks Tim. l may take the first option.
     

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