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QLD Speeding While Overtaking - Plead Guilty or Not Guilty?

Discussion in 'Traffic Law Forum' started by Lis, 27 February 2015.

  1. Lis

    Lis Member

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    I was caught speeding while overtaking in oncoming traffic lane. I was overtaking safely, there were no oncoming cars, but had only a short distance to do this manoeuvre. The car I was passing decided to accelerate just as I was overtaking. Now I have to go to Traffic Law court. Should I plead guilty or not guilty?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Lis,

    Even if it is safe to overtake, Queensland Road Rules does not allow you to exceed the speed limit. Hence, the court will unlikely accept your excuse that you were overtaking. Speeding is a strict liability offence. Which means, if you exceeded the speed limit, you are liable for the fine (except in very very limited situations, of which overtaking is not one).
     
  3. winston wolf

    winston wolf Well-Known Member

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    Hi Lis

    In relation to the other driver accelerating, the prosecution could argue you had the option to slow down and go back to your previous position.
     
  4. Lis

    Lis Member

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    Both valid responses. Thank you. Herein lies the problem. I was in the oncoming traffic lane. I was unable to return behind the car I was overtaking safely. Nowhere in the Road Rules does it say you must remain within the speed limit while overtaking. That rule would obviously limit most people overtaking. Have you ever calculated what speed a car must reach in order to overtake a car driving at a given speed?
     
  5. Tracy B

    Tracy B Well-Known Member

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    Hi Lis,

    I suppose you could try and argue that it would not be safe for you to remain below the speed limit in the situation you were in. Depends n how sympathetic the judge/magistrate would be then.

    When another car is overtaking, the car being overtaken should not speed up: Transport Operations (Road Use Management - Road Rules) Regulation 1999 (QLD) s 145, so yes, you could argue that the other car was at fault. However, you must also not overtake where it is not safe to do so: s 140. So before challenging the fine, you need to make sure:
    • You were allowed to overtake at that time (e.g. no double lines)
    • When you went to overtake, you could do so safely (e.g. clear view of oncoming traffic, no "keep left" sign etc)
    • The car in front was driving below the speed limit
    • You didn't need to drive above the speed limit to overtake except for the fact that the other car accelerated
     

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