Inquiry into NSW Speed Camera convictions

Submitted: Thursday, Aug 24, 2006 at 10:33
ThreadID: 37057 Views:2823 Replies:2 FollowUps:15
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In the Sydney District Court, Judge John Nicholson, SC has won a case against the NSW RTA and has said "every person convicted on such evidence since 1999 - when digital cameras came in - had been improperly convicted."

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Reply By: Member No 1- Thursday, Aug 24, 2006 at 10:45

Thursday, Aug 24, 2006 at 10:45
they will introduce/alter legislation to negate what that judge says
they wont get their cameras or radar guns tested daily..it will not happen...too much money to loose
AnswerID: 190710

Reply By: Lyds- Thursday, Aug 24, 2006 at 11:23

Thursday, Aug 24, 2006 at 11:23
I've been surprised by the number of comments about what a good thing this is, or could be.

The problem is that as a NSW taxpayer we're going to end up paying for it anyway!

I've been done a couple of times for minor infringements by speed cameras; they were my mistakes and I paid for them. I don't want to end up paying for the misdemeanors of others too.
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Follow Up By: Truckster (Vic) - Thursday, Aug 24, 2006 at 12:22

Thursday, Aug 24, 2006 at 12:22
so you dont mind the fact that people are getting incorrectly fined? interesting.
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Follow Up By: Member - Coyote (SA) - Thursday, Aug 24, 2006 at 13:35

Thursday, Aug 24, 2006 at 13:35
That s a pretty agressive response there Truckster.. Where in his post did he say anything about anyone being incorrectly fined???
He admitted to being willing to pay for the times he got caught which is only right.. If you do the crime.. you should be prepared to pay the fine if you get caught.. getting off on a technicality should not be an expectation..
If, however you weren't speeding and the radars are inaccurate, then of course the Police should be made responsible for the accuracey of their equipment.. but in most case its a K here or there that they might be out by.. so it would really only affect those who get booked for doing 1 or 2 k's over the limit.. if you are doing 80 in a 60 Zone.. who cares if you are booked for doing 75 or 82? You deserve to be booked...
I think what he'sreferring to that now instead of the people being caught speeding being the only ones that have to apy the penalty, now taxpayers are going foot part of the bill as well.. even if you don't drive a car you have no say in the fact that your taxes could be put towards the additional control placed upon the police radars.. INMHO, it would be better for all to just allow a few K's leaniency.. ie if the radar shows you doing 65 in a 60 zone maybe let you off as the radr could be 'out ' by a few k's, but if it show you doing 80 in a 60 zone.. should anyone really expect to get away with that????
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Follow Up By: Member - Beatit (QLD) - Thursday, Aug 24, 2006 at 13:50

Thursday, Aug 24, 2006 at 13:50
Yeah, but only if you are an ex judge and know some US women it appears.

Kind regards
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Follow Up By: Member - Scott M (NSW) - Thursday, Aug 24, 2006 at 14:03

Thursday, Aug 24, 2006 at 14:03
I'm with truckster.... as one of the people who IMHO was fined by the notorious Spit Hill camera at Mosman incorrectly, and had to lump it. This was the same camera that recorded and fined full bendy buses at 85kmh uphill. The same buses were proven later empty and on the flat not able to exceed 65kmh.

The RTA later on the evidence admitted it was in error and cancelled the fines against the buses ONLY. The official line was 'we screwed up on the buses, but the fines for the rest of the vehicles were correct'.

Bulldust.
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Follow Up By: Truckster (Vic) - Thursday, Aug 24, 2006 at 14:33

Thursday, Aug 24, 2006 at 14:33
Coyote.
Didnt mean it to be aggressive, just askign really.
Thats what the whole thing is about - people getting done who are innocent or incorrectly fined. You know how it would go against YOU in court if your side of arguement was incorrect, you wouldnt stand a chance, yet they can get away with it. Again, we the People get rooted in the ginger.
Well thats how I read the article.

If the cameras are incorrect for 76 in a 70, they will be incorrect for anything.

Scott:
amazing aint it, and the Gov wonders why nobody with an IQ over their shoesize respects them. Whats the difference in Busses or cars or trucks or bikes etc... ALL ABOUT $$$$ NOTHING ABOUT SAFETY.
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Follow Up By: Lyds- Thursday, Aug 24, 2006 at 14:44

Thursday, Aug 24, 2006 at 14:44
Geoffrey Robinson is here somewhere... so hypotheically speaking Bulldust, if I were you I wouldn't be happy either.

It is a real dilemma, do you free the guilty or punish the innocent?

I feel that if it was open to claims, folks like me with a couple of infringements wouldn't bother, yet those with an armful would. So I think I'd be more upset about people who perpetually do the wrong thing getting away with it.
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Follow Up By: The Landy - Thursday, Aug 24, 2006 at 14:49

Thursday, Aug 24, 2006 at 14:49
I'm with Truckster, the burden of proof should lie with the RTA. As it stands now they produce a photo and say you were speeding, but if the proof they provide can be challenged then so be it. Innocent until proven guilty is the way of the law.

That isn't to say I condone speeding, I don't. But how would you remember you what spped you were doing from two weeks ago.

Having said that a mate of mine was fined going up the Spit hill in his vintage car, he was so proud of it that he framed it!
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Follow Up By: Footloose - Thursday, Aug 24, 2006 at 14:50

Thursday, Aug 24, 2006 at 14:50
Just a caution...so to speak. Sons mate had car in a garage for 3 months and was sent a speeding fine for the vehicle during that period. Exceeding 80K uphill while it didnt have any motor in , neat trick! Needless to say the plates had been borrowed by the nice people in the garage.
The traffic mob took a lot of convincing but eventually withdrew the fine after investigation.
So be careful who you get to work on your car...
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Follow Up By: Truckster (Vic) - Thursday, Aug 24, 2006 at 14:55

Thursday, Aug 24, 2006 at 14:55
The Vintage car thing says it all.. they wouldnt speed being dropped off the space shuttle at 300klms up..

yet he got done..
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Follow Up By: Member - Scott M (NSW) - Thursday, Aug 24, 2006 at 15:18

Thursday, Aug 24, 2006 at 15:18
"amazing aint it, and the Gov wonders why nobody with an IQ over their shoesize respects them. Whats the difference in Busses or cars or trucks or bikes etc... ALL ABOUT $$$$ NOTHING ABOUT SAFETY."

Obsolutely. They were happy to admit the Camera was rooted for the buses as they couldn't dispute the evidence, however the rest of the commuters who couldn't prove their vehicle were unable to exceed the speed limit were treated with contempt. The RTA wouldn't even contemplate that maybe the other results were possibly wrong. And they wonder why the general public have it in for them.

Mind you, the camera was removed shortly after this....
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Follow Up By: The Landy - Thursday, Aug 24, 2006 at 15:56

Thursday, Aug 24, 2006 at 15:56
Mind you.........if 'The Landy' gets one going up the Spit Hill I reckon I'd have grounds to challenge it :)
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Follow Up By: Member - Scott M (NSW) - Thursday, Aug 24, 2006 at 16:28

Thursday, Aug 24, 2006 at 16:28
Landy, if my Troopy was clocked at more than 80kmh up there, I'd probably frame the photo as well :-)

Mind you, it probably would have got the exemption on the 'bus' clause
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Follow Up By: Middle Jeff - Thursday, Aug 24, 2006 at 20:01

Thursday, Aug 24, 2006 at 20:01
Just one thing, the guy has never said he wasn't speeding he just said the unit was not suitable for the job.

Have fun
Craig
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Follow Up By: Richard & Leonie - Monday, Aug 28, 2006 at 21:27

Monday, Aug 28, 2006 at 21:27
Craig, I think he got off because the unit had not been calibrated at the required times. If anyone thinks they might get their money and points back from fines paid, forget it. Paying the fine admits guilt. End of case.
Now where the bite comes is that anyone wishing to contest a camera speeding fine, particularly when it was from a mobile unit is at a distinct disadvantage. You get the fine in the post anything up to a month after the offence. By that time all conditions on the road change. You have no chance to build a defence. I have been caught like this on a section of road that was undergoing roadworks. To cut a long story short I believe the officer involved was lying about the section of road that was covered by the 40 KPH signs and because everything had changed by the time I received the fine I could not build an adequate defence. I saw the sign they put out to say there was a radar ahead, I checked my speed as OK and maintained it. The area the photo was taken was outside the roadworks area. I could not prove this as previously explained. The officer involved told me he booked 500 cars that day!
Life sometimes sucks but on the whole is OK.
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Follow Up By: Truckster (Vic) - Monday, Aug 28, 2006 at 22:33

Monday, Aug 28, 2006 at 22:33
>> If anyone thinks they might get their money and points back from fines paid, forget it. Paying the fine admits guilt. End of case

... like the millions handed back by Bracks Gov for faulty cameras? or was that just out of the kindness of their hearts?
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