Originally Posted by Aussie Pete
///Some words copied from an email I sent to another FF.com member. Thought I'd post these words here for some of you to think about whether the average car owner is open to getting done over///
The law is fatally flawed for both speed cameras and more importantly hoon laws.
In both cases the prosecution is driven towards the car owner. The
police have no ability to decide (or detect) on the difference between
the car owner and the person committing the offence. It would be like
owning a kitchen knife which was used in a murder - they don't lock you
up just because you owned a knife found at the murder scene do they?
They have to prove that it was you who used the knife to commit the
We'll change the knife for a gun for arguments sake, shall we? As far as I'm aware, you can't register a knife in your name.
It has been awhile since I've been 'caught' breaking the speed limit, but last time I was, I'm almost certain there was a section on the back that you could fill in to nominate who the driver in the car was. This was the case ~10 years ago when my missus went through a speed trap 25ks over. Ticket got sent to me, filled in the details, points were taken off her licence (but I still had to pay the smegging fine...).
A gun registered in your name is found at the scene of a crime. Who do you think would be the first person the police would interview in this instance? On that evidence alone you certainly wouldn't be convicted for the crime in court.
I don't think the average car owner would be too concerned about anti-hoon laws (but I thought you had to be caught 'in the act' to get done), and because of the way the law is structured, the average car owner *should* know who is in possession of their car at all times. As an average car owner, I certainly would know who would be in the drivers seat of my car when it wasn't me. If the car is confiscated from the owner when the car was in possession of another person at the time of the 'hoon' and that 'hoon' is caught red handed, then I would be screaming and kicking if the car can be confiscated from the owner.
Tolerances should be looked at, certainly in Vic from what I hear. But the majority of the roads that I travel on are clearly signposted. And while you could spend the next year debating the merits of whether speed limits are fair or not, I'd prefer to travel on roads with posted speed limits where the majority stick to around that speed than what would happen if there were no posted limits. Furthermore, if these laws weren't being policed, then the laws would be useless.
If you're caught 15 over on a clearly posted road, cop it sweet. You may not have been public enemy #1 at the time but presumably you were a licenced driver who was required to pass a written and driving test to obtain the priveledge to drive on Australian roads.
Let the dissecting of my character begin.