Hello,
Can you please advise in the below situation?
We were driving up east coast of Tasmania and on the section of the road that was road under works, so the speed limit signs were not permanent and displayed only on the side of the road and it was 60km/h.
My husband was going 60, however, the road winded a bit and we saw a cop waving just as we turned and he had a speed gun and behind the officer's car for the first time we saw a clear sign of 40hm/h (please note it was behind the police officer, not in front).
We pulled over and he said that was 40km/h zone due to people always complaining that drivers are going too fast through that section, his gun showed our speed 64km/h.
My husband tried to explain that we didn't see a clear 40km/h zone, and myself and my mum and my brother, all 4 people in a car did not see a 40 km/h sign.
The officer took my husband's drivers licence and went to do his check in his car. After a few minutes, he came back saying his system didn't work and he could not look my husband up. He asked though whether my husband had any speed offences before, so he said he hadn't had any in about 2 years time.
Then the officer said: well this may be your lucky day, please drive carefully through the 40km/h. And he didn't give us anything, no ticket - he also didn't mention that we would receive any traffic infringement notices in the mail whatsoever.
We drove off confused and didn't know what it was all about. We also crossed that very same section about 5 times for the next 5 days. We stayed there and it was always 60km/h zone. We were looking out for the 40km speed limit sign like crazy, especially after we were pulled over first time.
When we got back from our travels we saw the infringement notice in the mail for that very day and that location of $250 fine and 3 points. How's this even possible?
We called the number to inquire about it and the lady on the phone confirmed that there's no any proof, no photo, no slip with officer's signature on it or anything like that. The traffic infringement notice also does not even have the exact speed we were doing on that day.
I think this is just a misunderstanding considering that zone is a 60 zone and if speed limit has to change, it has to be clearly visible and not behind officer's car.
Is it possible that the officer changed his mind after his system started working and decided to fine us afterwards? Why did he not issue the ticket on the spot? If they issue fine afterwards should there be a proof?
Can we still fight this?
Thank you in advance.
Can you please advise in the below situation?
We were driving up east coast of Tasmania and on the section of the road that was road under works, so the speed limit signs were not permanent and displayed only on the side of the road and it was 60km/h.
My husband was going 60, however, the road winded a bit and we saw a cop waving just as we turned and he had a speed gun and behind the officer's car for the first time we saw a clear sign of 40hm/h (please note it was behind the police officer, not in front).
We pulled over and he said that was 40km/h zone due to people always complaining that drivers are going too fast through that section, his gun showed our speed 64km/h.
My husband tried to explain that we didn't see a clear 40km/h zone, and myself and my mum and my brother, all 4 people in a car did not see a 40 km/h sign.
The officer took my husband's drivers licence and went to do his check in his car. After a few minutes, he came back saying his system didn't work and he could not look my husband up. He asked though whether my husband had any speed offences before, so he said he hadn't had any in about 2 years time.
Then the officer said: well this may be your lucky day, please drive carefully through the 40km/h. And he didn't give us anything, no ticket - he also didn't mention that we would receive any traffic infringement notices in the mail whatsoever.
We drove off confused and didn't know what it was all about. We also crossed that very same section about 5 times for the next 5 days. We stayed there and it was always 60km/h zone. We were looking out for the 40km speed limit sign like crazy, especially after we were pulled over first time.
When we got back from our travels we saw the infringement notice in the mail for that very day and that location of $250 fine and 3 points. How's this even possible?
We called the number to inquire about it and the lady on the phone confirmed that there's no any proof, no photo, no slip with officer's signature on it or anything like that. The traffic infringement notice also does not even have the exact speed we were doing on that day.
I think this is just a misunderstanding considering that zone is a 60 zone and if speed limit has to change, it has to be clearly visible and not behind officer's car.
Is it possible that the officer changed his mind after his system started working and decided to fine us afterwards? Why did he not issue the ticket on the spot? If they issue fine afterwards should there be a proof?
Can we still fight this?
Thank you in advance.