Jump to content
Sign in to follow this  
gjm

Speed camera - time to send an infringement?

Recommended Posts

Is there a 'statute of limitations' where the authorities have to notify a vehicle owner of a speeding offence within a specified period of time?

It's a real annoyance, more than anything else. Mrs M was driving on SH1, 7.30am on 29th January, and was (allegedly) detected at 106km/h. Usual story - clear roads, fine weather, miles of visibility... We received the letter this morning; it was sent on 16/02 (as far as I can tell.)

In the UK there is a requirement for a notice to have been issued within 14 days (not 10 working days) of the offence having been committed.

It's really not worth arguing this one in any official capacity - it's $30 and no points. All the same...

  • Like 1

Share this post


Link to post
Share on other sites

Here I was thinking this was going to be from Labour weekend or something....but no, it was only a little over two weeks ago if you account for postage.

Share this post


Link to post
Share on other sites

The only legislation around traffic infringements that I can see is the Land Transport Act 1998 and the Summary Proceedings Act 1957, both in relation to service of an infringement on a person - does not give any specific time frame for service once an act has been committed in respect of speeding infringements. One would think however that the notification period would have to be "reasonable" (aka 365 days later to the average person is unreasonable).

Legislatively imposed timeframes are as follows:

post-51309-0-30340000-1424144060.png

From experience that sounds like a pretty standard time frame from date of offence to service of infringement. Out of curiosity I always request a photo; you are entitled to have this - if they cannot produce you should not pay :)

  • Like 1

Share this post


Link to post
Share on other sites

I've requested a pic, citing that I'm sure I was riding a motorbike that day! (Which I probably was...)

Here I was thinking this was going to be from Labour weekend or something....but no, it was only a little over two weeks ago if you account for postage.

Well, nearly 3 weeks. ;) In the UK, this would be thrown out - offense on the 29th, notification more than 2 weeks later. I think the requirement here is to notify the accused within 6 months.

These things happen. I'm just having a bad day so feel like exploring the situation a little more. On a good day I'd probably just cough up the $30. I mean - ffs! It's 66mph, which is 4 less than the posted speed limit on most UK dual-carriageways with less visibility and more traffic, where you'd probably 'get away' with 80 most days.

Grrr....

<sigh>

Must teach Mrs M how to use cruise control.

Share this post


Link to post
Share on other sites

<sigh>

Must teach Mrs M how to use cruise control.

Tell her to slow down to 75, and cross the centreline on every corner using only secondary roads with poor visibility. It'll take longer to get anywhere, but the cops will pay ABSOLUTELY NO ATTENTION to her whatsoever :mellow:

I honk at ANYONE crossing onto my side, and it's not that unusual for it to be a cop car taking a shortcut around town along my road. None have turned around yet... It would be nice if they did - I have a dash cam :D

Edited by Allanw
  • Like 1

Share this post


Link to post
Share on other sites

I honk at ANYONE crossing onto my side, and it's not that unusual for it to be a cop car taking a shortcut around town along my road. None have turned around yet... It would be nice if they did - I have a dash cam :D

That's a good habit to have honestly, need to scare people out of doing that.

  • Like 1

Share this post


Link to post
Share on other sites

I've requested a pic, citing that I'm sure I was riding a motorbike that day! (Which I probably was...)

No pic from the authorities, yet. Can take a couple of weeks, apparently.

Share this post


Link to post
Share on other sites

No pic from the authorities, yet. Can take a couple of weeks, apparently.

You're assuming they haven't lost it...

Share this post


Link to post
Share on other sites

You're assuming they haven't lost it...

That would make the requirement to pay an infringement fee interesting and perhaps difficult to substantiate... ;)

I'll follow up in another week. It took them 3 weeks to send me the request to pay; I expect them to need time to provide evidence.

Share this post


Link to post
Share on other sites

The only statute I believe is on you to pay it once issued.

If I was you I'd be paying the fine, as late payment fee's around $70 isn't it?

Edited by M5V8

Share this post


Link to post
Share on other sites

A fine isnt actually a demand of payment by law. It is in fact contestible in a court of law. So you dont have to pay the fine, it is well within your rights to contest it. Weather you you can proove it in your direction, can be bothered or is it worth your time is the catch 22.

Share this post


Link to post
Share on other sites

There's something odd about the way these things are sent. It's an infringement notice which isn't a fine... I think it becomes a fine if I don't pay and it goes to court. Plenty of time before that happens (and I have carefully noted the date!)
In the UK it is slightly different and you'd receive a notice of intention to prosecute: prosecution occurs if you don't pay up.

I have checked and on this occasion I most definitely was not speeding. Not in the car, anyway... ;) I didn't drive that day. Mrs M did, and I expect it was her. The car is registered in my name which is why I received the notice.

I'm not disputing the ticket... Just asking for the photo.

Share this post


Link to post
Share on other sites

Got the pic through. I've not retouched it all, or resized it, just trimmed the specifics from the bar at the top.

Tsk.jpg

Maybe the notice took so long to send because that was how long it took to read the number plate?
Lol

Edited by gjm

Share this post


Link to post
Share on other sites

The thought crossed my mind.

Where this van was parked, they have recently started using a different, far less easy to spot in advance position. Normally they park parallel to the highway with about 1 lane width between the van and the nearside of the carriageway, but this van would have been at 45-60 degrees, and at least 10' further away.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...