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Old 12-17-2001, 03:00   #1 (permalink)
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Speeding Ticket for me! I'm annoyed!

I was driving to Adelaide from Geelong
Its a 750km trip
I sit on a good speed all the way over, 120 in 110 zones etc
Anyways, country 2 way roads are 110 zone in SA, then i pulled into adelaide. Turned off a main street, down a huge 3 lane divided highway, there were no, that is NO signs posted.

Its 3 lanes both sides, that is, with No signs!
I drive at about 70km/h thinking thats about right, but in Vic a road like this would be an 80 zone, (the road is the Anzac Highway, which goes down to Glenelg), Anyway a motorbike cop is sitting off the road with his laser gun, and gets me doing 73 in a 60 zone!
I said, what the?
How can this be a 60 zone, there arent even signs. He said thats true there arent signs. He asked me where i came from, and i said i just got there from Geelong. He said every one knows its a 60 zone. How do I know?
He said because there are driveways on the road. Yeah great!

And even worse was that it was about 9pm, no cars around at all.
I asked was I being dangerous, he said "thems the rules".
I tried asking for a warning, but he wouldnt help me. What should I do?
I took a photo of the road too, and another road near it that looks the same but is an 80 zone, in fact this road was only a 2 lane divided hwy.

I have absolutely no respect for Police (traffic cops only) at all. (now that is)
This just annoys me no end!

Any Ideas?
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Old 12-17-2001, 03:25   #2 (permalink)
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no one has any ideas? Please help me!
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Old 12-17-2001, 03:26   #3 (permalink)
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Wait for AP or EA S to log on. They're the blokes in the know!
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Old 12-17-2001, 03:30   #4 (permalink)
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Sounds like you were a bit hard done by.
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Old 12-17-2001, 03:36   #5 (permalink)
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Quote:
Originally posted by ED Manual
no one has any ideas? Please help me!
Pay the fine.. cheaper in the long run.
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Old 12-17-2001, 03:44   #6 (permalink)
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mad

try writing to them i got out of 2 red light camera fines that way. The NRMA can help with this kind of thing too,
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Old 12-17-2001, 05:20   #7 (permalink)
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Quote:
Originally posted by ED Manual
no one has any ideas? Please help me!
Cops dont make the Policy, they enforce it, That is there job. Sure he might seem like a prick, but he is only doing his job.

If your story is true i cant see you having any probs if you write in and explain how it is.
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Old 12-17-2001, 17:18   #8 (permalink)
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Originally posted by HP Dude
Wait for AP or EA S to log on. They're the blokes in the know!
Very kind of you to say so, but you're at least half wrong as I know nothing about SA situation.

Here's the universal reality: the law is set up by parliaments to try to ensure that there aren't opportunities to challenge things like speed cameras, laser guns, and breathalyzers. Doesn't mean it can't be done and some jurisdictions will have opportunities that don't exist in others because of differences in legislation, but the ground has generally been thoroughly picked over by experts for years and it's pretty hard to find gold. Sometimes an amateur will beat the pros, but it's rare. The most likely time for a win by anyone is in the early phases of a new law when deficiencies can be exploited, but they are invariably fixed as they appear so that the opportunities to beat it diminish over time.

In my own recent case with the 63 in a 50 zone, I'll probably end up paying the fine because I can't find anything with a reasonable chance of success. In any case my real complaint is about the way the 50k system has been implemented and whether it is worthwhile, and I can't challenge that successfully in a court action which is concerned only with whether or not I exceeded 50k, which I'm prepared to accept I did.

The interstate aspect of this might afford an opportunity to ignore the fine as there can be obstacles to interstate enforcement if ED Manual lives in Vic and isn't likely to spend much time in SA. But this might be unwise as for all I know ED Manual might be at risk of arrest and detention if he's picked up in SA in future. Only way to get reliable advice is from an SA lawyer - try their state legal aid body, which should be under lawyers, legal practitioners, or solicitors on the net Yellow Pages or try SA Council of Community Legal Services 08 8582 2255 for its number or other legal service for telephone advice.

As pointed out by others, the simplest and cheapest solution is to write to whoever administers the traffic ticket system (should be on the ticket as the place to send payments) and explain you're from Vic and not familiar with SA system and could they please extend a bit of leniency?

As for the driveways defining the speed zone, every farm in the country has one and they're almost all on 100k roads.

Presumably the cop was referring to national Road Rule 25 (2) which says that the default speed limit applying to a driver for a length of road in a built up area is 60k (unless a different default speed is set by local state laws). The Road Rules are not the most precise law in existence and there will be some successful challenges to various parts of them, as illustrated by problems in the definition of built up area related to speed.

The definition of "built up area" in the national Road Rules is defined as an area in which there are buildings on land next to the road (or where there is street lighting meeting certain conditions, which in practice will get around the problem in most cases as there will usually be street lighting as well). The definition of "built up area", "next" and "buildings" are not defined, so on one interpretation every farm on the country with a building of any type on it (including a chook shed) is in a built up area as it has a building on land which land is "next" to the road, even if the building is miles from the road. Or is it meant to mean that the buildings are next to the road, in which case does "next" mean immediately adjacent in the sense that the building or the land is right next to the road with nothing in between, which is the case with most shops but rarely with houses? The next problem with this brilliant set of laws is that it will usually be impossible for the road-based definition of built up area to be satisfied as the Road Rules make a distinction between "road", which is what the vehicles drive along, and "road related area" which is the adjacent bits like footpaths and nature strips (but not shoulders which are separately defined to be part of the road). As there will usually be a road related area between a road and any land on which there are buildings, then it won't be a built up area if one takes a strict intepretation as the land and buildings can't be next to the road but only to the road related area, which isn't included in the built up area definition.

So, if you're pinged in a built up area with no street lights, you have a decent case to argue. Whether it will be accepted by a court is a different matter, as the courts, in Victoria anyway, appear to take the view that they are not there to let purely technical defences on fairly minor points upset road safety measures.
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Old 12-17-2001, 18:34   #9 (permalink)
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For someone whom knows nothing about the SA situation, you sure gave a lengthy answer!!! :s2: :s2:
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Old 12-17-2001, 18:37   #10 (permalink)
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Sunday night i was driving my dad's Statesman and i got pulled over by a cop and got a $105 fine for not having my P plates and he was saying how good his 5.7 SS cop car is and i told him that they are a POS, and told him to get a Ford XR8 and drive a real car and he told me to leave before he gave another fine.
He was really pissed off! :MUha:
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