I know these things can sometimes be a bit iffy - but this isnt iffy (IMO)
So if ur are snapped doing exactly 60 ks in a school 40k zone and you receive a $300 fine & 3 pts for travelling "BETWEEN 20 AND 29 KMS OVER THE SPEED LIMIT" are you guilty as charged?
And if you plead Not Guilty it in court should you ...
a) be hit with the fine as issued for bw 20 & 29
b) a reduced fine in line with the penalty for doing 1 to 20 kms over
c) be declared not guilty as charged and set free.
If anyone has any actual experience of this or similar Id love to hear about it.
Also need to know what the wording is for the penalty below this. Is it "up to 20 kms above the limit? Or is it 'between' 1 and 20km. Surely if its the later there can be no penalty on the books for doing 20 over ????
To my knowledge WA speeding fines go in increments of 10km/h 'range'...
So between 0-9km over (0 pts - $75); or
between 10-19km over (2 pts - $150); or
between 20-29km over (3 pts - $300)...
etc etc
I don't think you can argue a technicality re the word 'between' IMHO.
over 20km here is loss of license (i think?)
I was snapped doing 78 in a 60km zone a few months ago - on the outskirts of a SA town...I'll cop it, but I seriously thought it was an 80km zone and was watching my speed!
18kms over = $380 fine plus loss of 3 points!!! You guys get off light!
I don't understand the question?
Anyway if you elect to take it to court, it will be approx $120 extra (court costs) on top of the fine if you are found guilty.
Only options a and c would occur in court, you would be pretty rare case if the magistrate decides you were in fact doing a couple of kph less that then the camera said!
The only outcomes are camera is right and you were speeding, or some massive fk up by camera operator means you get off.
The legislation will come down to absolutes. ie 20km/hr is not a singular speed when shown on your ticket. It is a speed somewhere between 20 and 21. ie you could have been doing 20.9999999km/hr over the limit, but your ticket will say 20km/hr over.
So technically you were doing between 20 and 29 km/hr over, if you weren't it would be called 19km/h.
I don't agree with a lot of speed limits, but school zones I do. Cop it sweet and use it as a reminder to slow down next time.
Next time before any road trip check "Perth revenue raisers" on Facebook for an updated cameras location in and around Perth![}:)]
I'm off sick, bored and know where to surf the net for this one. The answer lies in the wording of the legislation, not the ticket.
(6) A person shall not drive a vehicle in a school zone —
(a) at a speed exceeding, in kilometres per hour, that indicated by the numerals on; and
(b) during the school zone periods indicated on,
the “school zone” sign at the beginning of the school zone.
Points and modified penalty: see regulation 17.
17. Penalties for speeding(1) Subject to regulation 17(2), the following points and modified
penalties apply for the offences in this Part that refer to this
regulation for their penalty.
Description Points Modified
Penalty
Exceeding a speed limit by —(a) not more than 9 km/h 1.5 PU
(b) more than 9 km/h but not more than
19 km/h —
(i) during a holiday period 4 3 PU
(ii) other than during a holiday
period 2 3 PU
(c) more than 19 km/h but not more
than 29 km/h —(i) during a holiday period 6 6 PU
(ii) other than during a holiday
period 3 6 PU
So thw wording for the offence is simply exceeding the speed limit, it's not specific on haw far over you are. The penalty is actually applied for exceeding 19km/hr (but not more than 29) so at 20km/hr you definitely fall into that category.
^^^
Thanks for the tip...
Got caught the other day going onto the freeway Nth near Scitech - onramp was 80 - but there was a 60 sign for roadworks that I did not see, and got pinged doing 74 in an 80 zone!! ![]()
Of course there was not a single worker or machine to be seen in the whole road works area!!!
I think the whole speed camera thing is a crock of **** and spits in the face of the whole innocent until proven guilty legal system.
It takes a photo of your car and presumes you are guilty, even if they can not identify the driver from the photo.
The law is jigged around so that if they cant identify you and you plead not guilty and cant identify the driver they hit you with an even bigger fine for not knowing who is driving your vehicle when the law is infringed, so you are better off just pleading guilty.
And with the new rear facing cameras there is no way they can actually see who is operating the vehicle.
That ontop of the fact that speedometers legally only have to be with 10% accurate and the multinovas are often innacturate (though the new ones are much more acurate).
Nah, you need to read it all in its entirity (how do you spell that??), I just cut and paste the bits relevant to Puppetonastring's original post.
Section 11 (6) just creates the offence for speeding in a school zone. Section 17 contains the penalties for all speeding offences (freeways, built-up, school zones, pedestrian malls etc etc).
And it is conceivable that you can get double demerits in a school zone, I think for long holidays like Easter/ANZAC Day double demerits start and finish a day or two either side of the actual public holidays. It just depends on the timing of the school hols.
What does between 20 and 29 mean?
It means that if your gonna done for 1kph over... you might as well be doing 9kph over ![]()
If I remember rightly (and I probably dont) it used to broken into 0-15 and 16-30 brackets... so you get the same penalty for doing 29 over as you would for doing 16.
Be hung for a sheep as a lamb ![]()
Anybody with 1 once of brain would know that speed cams are just roadside cash register! They have nothing to do with road safety. I see the fines as an avoidable tax. If we get rid of the cams the peeps on the hill will have to replace the lost revenue by another tax (on wind maybe?) So just avoid getting caught.
Do not speed.
Buy a radar detector.
Register to a site that discloses the cams locations.
Flash your lights if you pass one to let your fellow tax payers of the proximity of a tax register.[}:)][}:)]![]()
There is no presumption of guilt for the average speeding or seatbelt ticket, the infringement is just a short-cut for those that acknowledge their own guilt and have it dealt with expediently by paying the fine. If you think you are innocent take it to court, you are still deemed innocent until proven guilty if you follow that path and its still up to the fuzz to prove you are guilty.
Rant over ! ![]()
(Sorry, I got carried away about the fines in general, not answering the specific question)...
I still dun gettit (the original question) ![]()
there are categories like 1-9 over, 10 - 19 over, 20-29 over
where da problem at?
GPA, I hear you on the current freeway one though. They are working on the railway line up the middle - the traffic is 50m from the workers and they're protected by a wall of 1 tonne concrete blocks each side that is always there.
I drove thru last Sunday and nobody had been working on site for almost 48hrs, there is no realignment of the road or gravel or whatever, so it is 100% situation as normal for driving conditions but the 60 signs were still up. People may tend to not speed thru roadworks if they had speed restrictions whilst working and took them down after!
On one trip to the snow, I'm burning down the highway, early hours... Boys trip, meeting some boys coming in from a different state... I get showered and ready to go, but the girlfriend wanted 5am nooky because we would both miss out for a few days... So I'm behind time, put the foot into it....
I decide to go easy out around Canberra, high level of public servants...
On the other side of Canberra, I boot it again.... Solo Cop and Cop Car are tucked up behind a really bushy set of median strip trees/shrubs, and he pings me for 130 in a 100 zone.... It's roughly 7:15am, -2 degrees, and the Copper is wearing "Dark Blue Leather Jacket, Dark Blue Pants, Dark Blue Leather Gloves, Dark Blue Hat"... He steps out onto the road to signal for me to pull over... The Road is also DARK BLUE !! I only saw him late, and I was doing at least 150 when I saw him. I couldn't pull up in time, and he had to RUN off the road to avoid being hit !!
I pulled up well down the road, and I got over onto the central median, and politely reversed up towards him, so he didn't have to walk so far.... He was solo, and probably 200m+ away from his car... anyway...
He tells me ACT ticket prices just went up, and he doesn't have his new booklet, but he will take my details, and send a ticket out in the mail.... tick never arrived. I ask a mate, what happens if the ticket goes missing in the mail... he said, they'll probably just send a second ticket out with an extra fine for not paying the first one... I ring The ACT Coppers, and tell them my details, incident date, etc... This is 8 weeks down the track.... They tell me The Fine is Cancelled !!!
I ask, so do I have to pay anything... they say, No, its cancelled !! Something to do with not being able to issue the correct paperwork on the day.... LUCKY BOY !!