Home
The Issue
Facts about speedo error
Evidence about what the Government knows
Arguments used to defend low tolerance speed limits
Defenses against low tolerance fines
Library of useful documents
Useful links
Discussion Forum
Contract details
Disclaimer

Defences

So you want to take it further! So you want to take it further!
Object to the fine. Object to the fine
Legislative Framework for the Alleged Offence Legislative Framework for the Alleged Offence
Does the National Measurement Act 1960 apply? Does the National Measurement Act 1960 apply?
Is the speedometer accuracy legislated?</span> Is the speedometer accuracy legislated?
Defence Of Honest And Reasonable Mistake Defence of Honest & Reasonable Mistake
Challenge to the accuracy of a speed detection device Challenge to the accuracy of a speed detection device
Need some help? Need some help?

What is your defence argument?

The following conclusion is drawn from the Regulations:

  • The Road Safety (Vehicles) Regulations 1999, 101 Objectives (b) states that one of the objectives of the Regulations are “to ensure that when vehicles are used on highways they are safe for use.”.

  • In 202 Eligible Vehicles (1) it is stated “A vehicle is eligible to be registered without conditions if - (a) the vehicle complies with the provisions of the standards for registration that apply to the vehicle;”

  • In Schedule 8 – Vehicle Standards - Objectives of Vehicle Standards (2) it is stated “The standards are intended - (a) to promote, throughout the life of motor vehicles, trailers and combinations, their safe use….”

  • The Road Safety (Vehicles) Regulations 1999 state in Schedule 8 that a vehicle complaint with Australian Design Rules is considered suitable for registration under the Road Safety Act 1986.

  • All vehicles registered before the 1st July 2006 comply with Australian Design Rule 18/02 - Instrumentation which specifies requirements for the provision and location of certain 'Visual Indicators' and also specifies requirements for speedometers and odometers. This document stipulates that speedometers are required to be accurate ± 10%.

Therefore it is argued that the speedometer accuracy is legislated. If the vehicle has been deemed suitable for registration in Victoria, then the instrumentation provided for monitoring of vehicle speed must be deemed suitable for the task, and use of a vehicle with Standards compliant safety equipment (speedometer) within specified tolerances must be “safe for use”.

This means that a vehicle can travel between 54km/h and 66k/m and under the Act and associated Regulations should be considered to be traveling at the nominated speed limit of 60km/h.

There is more information in the Evidence section of this web site.