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Contesting A Speeding Fine

Angus Smart

By Angus Smart,
in New South Wales

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Angus Smart Grand Master

Angus Smart

Posted
Posted (edited)

So i've received a fine for under 15km/h which is 75 and 3 points. i think this was in a 50 Zone near anzac parade.

i've only just bought the car within the last 2 months. and it was on the written off regester, the previous buyer bought from auction and repaired it..

and its a diesel, so its surely no performance car at all.

now i've tested the car with a gps since the fine and my speedo is out. by a few km/h up high and a little more down low

would i have a leg to stand on in court representing myself? or would someone suggest a lawyer?

or should i just cop the fine even tho i thought i was doing the correct speed at the time.

the money from the fine isnt an issue, nor the points... i just want to keep my licence perfect :D

Edited by Angus Smart
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https://www.sau.com.au/forums/topic/220535-contesting-a-speeding-fine/
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-FIGJAM- Grand Master

-FIGJAM-

Posted
Posted

to tell the truth, i dont think its there problem if your speedo is out or not... I rekon you will get done even worse if you take it to court... I know it sucks and all but if it was me, id pay the fine, cop the points and fix the speedo... good luck to you if you take it on tho.

d00dz Grand Master

d00dz

Posted
Posted

Anzac Pde is a 60 zone (mostly) untill you get to Alison road then it becomes a 70 zone all the way untill the end of Sydney Boys high. Obviously during school times the 70 becomes 40 zone.

The section you are talking about which has the camera is on Cleavland Street and not Anzac Pde, along the Sydney Girls side is where the camera is.

It's been there for months and months. Initially (as with all new cameras) there was a "warning issued" to speeders. But I guess that's expired.

The Cleavland street section is a 50 zone. Heck the whole of Cleavland street is 50km/hr.

Maybe you could try and say it's your first fine etc etc and get off it? Dunno

GTR32G Proficient

GTR32G

Posted
Posted

there is already a 10% speed allownace in place with nsw police i belive?

this allows people with speedo that are out with old cars get a way with an amount.

eg:

40kmph your allowed 44kmph

50 allowed 55

60 allowed 66

and so on .........

i dont think cops in nsw book you under the 10% differance, but Vic they do.

What was speed the cop put on the ticket?

d00dz Grand Master

d00dz

Posted
Posted
What was speed the cop put on the ticket?

He got done by a fixed speed camera..

There are 3 signs before the camera and plenty of 50 zone signs at the sides, even on the ground it marks "50"

I love doing the speed limit there and seeing annoyed drivers tailgating me, coz they think that im going too slow, then over take me and speed up as they pass the camera. *FLASH* haw haw. :bunny:

Happened one night last week... Idiot car behind me was tail gating me.. I trott along slowly... She over takes me (Honda CRV Sport), just as it happen *FLASH* think I was in the flash too but I know I was doing 40km/hr so hopefully I wont get a fine. Otherwise id be pissed, and I have details of the other car anyways.

Beer Baron Grand Master

Beer Baron

Posted
Posted
YOu can contest it, use the law mentioned above which allows a 10% tollerance eithaer way on your speedo, it takes awhile but it will have you with a clean slate.

for starters I'm not convinced that the allowance for speedo inaccuracy is law set at 10% and even it if is my maths tells me that 15km over 50km/h is 30% over 10kms would be 20% over. so unless he was only 5kms over that is not going to hold weight.

DECIM8 Grand Master

DECIM8

Posted
Posted (edited)

He didnt mention his speed, at least I didnt read it .. 15 and under is the lowest speeding fine you can get. I was just giving advice based on this law.. and yes its about 10% but Im not 100% sure.

This 15 and under is crap I think as it holds the same fine as someone doing 15 over the speed limit when he perhaps did 55kmph (which im pretty sure he could not have done as im pretty sure the fact is the the speed cameras flash at 57km/h 12% over road speed) I feel there should be a lower fine of 5k over and 1 demerit point.

In regards to the speedo it need to be calibrated on a dyno, from factory speedos come either to fast or more often than not to slow thats why the 10% leway exists. Oh and this is up to you to fix

Edited by DECIM8
AdamsR33 Mentor

AdamsR33

Posted
Posted

I got done in a work truck, the speedo was out, i thought i was doin 95 but in actual fact i was doin 105. it was a 90 zone, work got the speedo check and found it was out , my boss rang the police or someone told them they changed the fine and loss of pionts but i still got done for 5 over.

  • 2 weeks later...
kcmagee Contributor

kcmagee

Posted
Posted

You're speedo, you're responsibility unfortunately. And with speeds, generally if it's done by us and not the camara we will put you give you the lower out of the 2, i.e. 15 and under rather than over, with all honesty you don't stand a chance in court. What people don't seem to understand is that a Magistrate can impose a higher fine than the IPB regulates if he feels it is a waste of the court's time, plus you will be issued court costs of $76 for the day, and Legal Representation if you had it.

Better to just pay up and be more cautious next time but its up to you at the end of the day =)

4teecal Collaborator

4teecal

Posted
Posted
YOu can contest it, use the law mentioned above which allows a 10% tollerance eithaer way on your speedo, it takes awhile but it will have you with a clean slate.

There is a 10% speedo tolerance in the ADR's for vehicles manufactured after some date like 1976 but your information is incorrect. The speedometer can only 10% MORE than the actual speed of the vehicle. So if you are doing 60km, the speedo can read 66km, not vice versa.

Cleveland St has been a 50 zone for years and years. The cameras have been there since last November and there were big flashing messages boards there for 4 months.

No point going to court an saying you "Thought you were doing the right speed". You have to prove to a magistrate that either you WERE doing the speed limit or the camera was inaccurate. Good luck trying to prove either of them I'm afraid.

scathing Grand Master

scathing

Posted
Posted
Idiot car behind me was tail gating me.. I trott along slowly... She over takes me (Honda CRV Sport)

Its not her fault VTAK kicked in while she was behind you. :yes:

And its a CRV Sport. If it wasn't meant to go fast, they wouldn't have called it a Sport.

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