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Education makes a people easy to lead, but difficult to drive; easy to govern but impossible to enslave.
Lord Brougham


 

Would you like to do something simple and effective about low tolerance fines?

It is as simple as sending a very effective letter to your local politician.

There is more information and sample letters here...


How to correctly inform a politician of your WILL

How do you correctly inform your Members and Senators of your WILL? It is so simple that only laziness and indifference ON YOUR PART stops it from working. Yes, it is so very simple Read this...

What is this website about?

The Victorian Government is bent on milking as much from the motorist as possible in the name of road safety. By issuing infringement notices for small breaches of speed limits (e.g. 85km/h in a 80km/h zone, 75km/h in a 70km/h zone or 64km/h in a 60km/h zone), they are abusing the situation.

In Victoria, motorists are held liable for any excess over the speed limit, whether or not it is intentional (more...). However, speedometers fitted in accordance with legal requirements and standards do not allow motorists to accurately measure the speed of their vehicle (more...).

There has been much rhetoric about tighter tolerances on speed limits and the need to change the community's perception about the degree of excess above the speed limits that is acceptable. What most motorists don't realise is the speedometer fitted to their vehicle is simply not up to the task of providing such exact monitoring, and as long as vehicles are fitted with pneumatic tyres, they never will be. more...

It is simply not reasonable to equip a motorist with an inaccurate speedometer, inadequately inform them of this and then rigidly apply penalties. It is time we as a community did something about it.

This is not about permitting motorists to travel 10% above the speed limit. It is about ensuring that they have speedometers that they can rely on to ensure they don't exceed the limit. more... It is about ensuring that speed enforcement equipment is correctly certified and tested. more... It is about ensuring a reasonable approach is taken to the situation. more...

The approach being taken here is simple. If you are informed of the facts, then you can assess how to respond and take appropriate action.

This website seeks to inform you and provide arguments to put forward in the event that you also wish to protest a fine and/or have your day in court, either DIY, or have someone represent you. more...


It is not about revenue?

Based on Government Reports it is estimated that 1,381,700 speeding fines will be issued this year in addition to the 5,425,336 speeding fines issued between 2000 & 2005.

That will be 6,807,036 speeding fines!

There are only 3,500,000 licenced drivers in Victoria.

Fines to be issued this year represent a rate of one fine for 39.5% of the licenced drivers.

VicRoads data shows that 85% of motorists (2,975,000 people) travel less than 5km/h above the limit in most speed zones.

Motorists are being treated as a cash cow.

The Key to the Cash Cow

VicRoads data shows that 85% of motorists (2,975,000 people) travel less than 5km/h above the limit in most speed zones, but 50% (1,750,000) travel above the limit.

This is the Key to the Cash Cow

 

 

What can you do?

There are a range of options, all along the lines of being a squeaky door.

It should be remembered that under our Constitution (the law that defines the powers and responsibilities of the Parliament of Victoria), the people are the ultimate authority and the Government is required to govern for and on behalf of the people. (To quote the Victorian Constitution Act 1975 - section 16A. The principle of Government mandate (1)(b) "the Government's general mandate—to govern for and on behalf of the people of Victoria.").

So if you don't like what our representatives are doing, ask them to account for their actions and instruct them otherwise. We don't elect leaders, we elect representatives. There is a letter here that you can send to as many Victorian politicians as you think appropriate. You can find their contact details here...

Here is what you can do to change this situation if your fine is within 10% of the speed limit.

  • Write and object to the fine. Provided on this site are a number of letters that have already been submitted objecting to fines. Feel free to use these as the basis for your letter. Think of the increased administration workload if more people started to write and object to fines.

  • Even if you intend paying the fine, write and object anyway. There is no increase in penalty, but you will put pressure on the administration system.

  • Write to your Parliamentary Member, and any others you think appropriate, to complain. They have all been elected to represent you. You can find a list here... and a suggested letter here...

  • Take the matter to court. On most days there is at best one case of someone objecting to a traffic fine. Think of the impact on the court system if the case load increased by 2 or 3 per day. If you wish to take the matter to court there are a few things you should know. More...

Some Facts & Questions

  • Did you know that speed cameras and radar devices may not be legal measurement devices, and if they are not, then they may not be able to be used in court to convict you. You won't know until you ask. more...

  • If breath analysers are registered under the National Measurement Act, why not speed cameras and radar devices? more...

  • The Victorian Government issues speeding infringement notices for travelling within 10% of the speed limit, usually more than 5% over the limit. more...

  • If your vehicle was registered prior to 1st July 2006 it is required to be fitted with a speedometer that is only accurate to ±10% to be legally registered for travel on Victorian roads. This is not suitable for monitoring vehicle speed to ensure you do not unintentionally exceed the speed limit. Where you aware of this? more...

  • Did you know that the difference between a new tyre tread and the legal minimum tread can change your car's speed by 3km/h (3%) at 100km/h. more...

  • Did you know that different tyre pressures can change your car's speed by up to 2km/h (2%)at 100km/h. more...

  • Did you know that the Victorian Government is aware of the need to allow 10% tolerance on speed limits and reports stating this are available from the Victorian Parliament website. more...

  • If a specialist Speed Detection Speedo is only accurate to ±2 km/h accuracy and displays in 1 km/h increments, what makes you think your speedo is equal or better? more...

  • At the time of issue of your licence and its subsequent re-issue, were you advised that the speedometer fitted to your vehicle was not suitable for monitoring vehicle speed with respect to your obligations under the Road Safety Act? more...

  • Did you know that the Victorian Government via Victoria Police and VicRoads undertook in 1995 to educate motorists about inaccurate speedometers? more...

  • Have you been advised by VicRoads that you should maintain an indicated speed at least 10% less than the posted speed limit to ensure that you fulfil your obligations under the Road Safety Act?

  • In a Victorian Magistrates' Court you can be found guilty of exceeding the speed limit when travelling within 10% of the speed limit. more...

  • The 1991 Victorian Supreme Court Case Kearon v Grant [1991] 1 VR 321 is often cited as establishing that speeding is a strict liability offence. This means that the prosecution position that they only have to prove that the motorist was travelling in excess of the speed limit. As a result the motorist is then held liable for ANY excess over the speed limit, regardless of whether it was intentional or not. This argument may be flawed more...

  • VicRoads has not ensured that the regulations covering the speedometer were suitable to allow motorists to do so. Australian Design Rule 18, which is referenced by the Road Safety (Vehicles) Regulations 1999,   Schedule 8—Vehicle Standards for this purpose, does not specify speed increments on the dial. The speedometer fitted to many vehicles is marked in 10km/h increments, this makes it impossible to reliably determine readings of:

    • •  36km/h for a 40km/h zone,

      •  45km/h for a 50km/h zone,

      •  54km/h of a 60km/h zone,

      •  63km/h for a 70km/h zone,

      •  72km/h for a 80km/h zone, or

      •  81km/h for a 90km/h zone.

  • The Transport Accident Commission (TAC) advertisements for the “Wipe off 5” campaign illustrates a speedometer indicating the speed limit. Do you think that this is misleading as it implies that you can rely on a speedometer to ensure that you fulfil your obligations under the Road Safety Act?