QLD Statute of Limitations for a 5-Year-Old Speeding Ticket?

Discussion in 'Traffic Law Forum' started by Brett DE Murphy, 22 August 2018.

  1. Brett DE Murphy

    Joined:
    22 August 2018
    Messages:
    2
    Likes Received:
    0
    I got a notice form Qld State Penalties Enforcement Registry today (22/8/18) stating that I have an overdue account reminder for a speeding ticket back on 2/3/2013. Not only is this the first time I have been given any notice of this offence it was over 5 years ago and I don't even remember if I was in Qld on that day as I live in NSW.

    Is there a statute of limitations on this type of offence? What are my options?

    Thanks
     
  2. Ozwarlock67

    Ozwarlock67 Well-Known Member

    Joined:
    16 April 2015
    Messages:
    110
    Likes Received:
    14
    In South Australia, the statute of limitations is 12 months. If they haven't charged you by then, they can't.

    I imagine there is a similar scenario in other states and the fact that this has popped up after five years in the wilderness is pretty dubious.
     
  3. Bill Murray

    Bill Murray Well-Known Member

    Joined:
    6 June 2018
    Messages:
    138
    Likes Received:
    17
    He was issued the infringement 5 years ago and didn't pay so it went to SPER.

    The 12 months mean proceedings must commence within 12m and they did.
     
  4. Ozwarlock67

    Ozwarlock67 Well-Known Member

    Joined:
    16 April 2015
    Messages:
    110
    Likes Received:
    14
    I doubt they could enforce it after all this time. And if they tried, I'd recommend you let them summons you where they will have to explain why it's taken so long.
     
  5. Brett DE Murphy

    Joined:
    22 August 2018
    Messages:
    2
    Likes Received:
    0
    But never got any notice of this fine apparently. It was a speed camera and this is the first I knew about it.
     
  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

    Joined:
    16 April 2015
    Messages:
    110
    Likes Received:
    14
    As I said, if you tell them to summons you, they'll probably let it go. A practical magistrate would raise his eyebrows at a five year gap, that's for sure.
     
  7. Bill Murray

    Bill Murray Well-Known Member

    Joined:
    6 June 2018
    Messages:
    138
    Likes Received:
    17
    He can't.

    By not paying and it transferring to sper the opportunity to challenge it has passed.
     
  8. Ozwarlock67

    Ozwarlock67 Well-Known Member

    Joined:
    16 April 2015
    Messages:
    110
    Likes Received:
    14
    Tell me....are you a cop?
     
  9. Bill Murray

    Bill Murray Well-Known Member

    Joined:
    6 June 2018
    Messages:
    138
    Likes Received:
    17
  10. Ozwarlock67

    Ozwarlock67 Well-Known Member

    Joined:
    16 April 2015
    Messages:
    110
    Likes Received:
    14
    Thought so!

    Brett DE Murphy, can you let me know how this comes out please? I say they'll let it go if you tell them to summons you. The brief of evidence would answer a few questions!
     
Loading...

Share This Page

Loading...
gt;