Low Tolerance Arguments

There are a number of arguments presented by the Government in defence of the low tolerance limits

	Victorian Department of Justice - I was only a few kilometres over the limit. Why should I be punished?
	Victorian Department of Justice - My speedo is inaccurate. Will you withdraw the notice?
	Victorian Police Department Policy - It's the Motorists Problem
	Victorian Police - Tolerance of 9km/h is permitted
	Victorian Police - the community may be aware of speed tolerances and “de facto” speed limits may be in force.

Police Department Policy

In correspondence dated July, 2006 a representative of the Victorian Police stated:

You are advised that the present Police Department Policy is that if you, as a motorists, wish to rely on a motor vehicle's speedometer whilst driving same, then the obligation is on you to ensure that the speedometer is reading accurately and that you exercise your judgement and drive the vehicle at a speed which is at, or less than, the posted speed limit.

In the Victorian Road Safety Committee report on the Inquiry Into the Demerit Points Scheme November 1994 in chapter 3 it is recorded that the Police have stated:

The Police, when questioned about the problem of speedometer accuracy, responded that if a driver objected to a traffic infringement notice and presented certification that the vehicle speedometer was inaccurate that would be taken into consideration when deciding whether to proceed with prosecution of the speeding offence.   The inaccuracy of speedometers was one reason for the use of a tolerance threshold before drivers are booked for exceeding the speed limit.

What is a Policy?

According to Butterworth’s Legal dictionary, a Policy is “a social or political goal chosen by a government department, business or other organization”. Interesting, but hardly Law.

"If you, as a motorists, wish to rely on a motor vehicle's speedometer" !!

Odd statement, what else are you going to rely on?

What do the Road Safety Act & Regulations state?

The Road Safety (Vehicles) Regulations 1999 under 101. Objectives states:

The objectives of these Regulations are—

l(b) to ensure that when vehicles are used on highways they are safe for use and are used in a safe manner;

The Road Safety (Vehicles) Regulations 1999 under 202. Eligible vehicles states:

(1) A vehicle is eligible to be registered without conditions if—
(a) the vehicle complies with the provisions of the standards for registration.

The Road Safety (Vehicles) Regulations 1999 also states in 202 at a vehicle is eligible for registration if it complies with the standards, and evidence of compliance can be taken as “ an identification plate relating to the vehicle ”.

The Road Safety (Vehicles) Regulations 1999 state at the start of Schedule 8 - Vehicle Regulations Division 1 - General that:

This Schedule sets out standards that vehicles must comply with to be eligible for unconditional registration and to be driven on roads and road related areas.

Why would you have to get your speedometer checked?

• If the vehicle is fitted with a speedometer compliant with Australian Standards, and

• a certification plate from the manufacturer stating same, and

• VicRoads accepts this unconditionally for registration, and

• VicRoads does not advise you that it is unsuitable for monitoring vehicle speed against speed limits.