Blue Canaries

[rooster]

Am I the only one or has anyone else received a little note from the Victorian Fining and tourist bureau, $138 and 1 point for doing 104 KP BLOODY H in a 100 zone , Mckenzie River between the 419 km post and the 422 km post so says the ticket, in other words in the middle of bloody nowhere even the banjo players weren't this far out, and given that I was passed by a bloody Vic rail bus through this section I am really pissed off
End of rant, I hope the fine goes to some good cause like a barbed wire enema for the Victorian Police and Tourism Board More rant my average speed for the trip home was 75 kph so how the hell was i speeding

[MickLC]

Jebus that sucks, but it makes me glad we didn't go that way.

How did they pick you up without a front numberplate you hoon?

[Smitty]

How did they pick you up without a front numberplate you hoon?

he was going slow enuff....for them to have time to turn the camera around...

[Smitty]

Am I the only one or has anyone else received a little note from the Victorian Fining and tourist bureau, $138 and 1 point for doing 104 KP BLOODY H in a 100 zone

what was yr ACTUAL (or I think they call it alleged) speed...108 110 or...?similar?

If it was that high, thats what you are contributing to the Vic economy...

[rooster]

That was the alleged speed 104 the read speed was allegedly 108, given the 10% optimistic speedo error that most vehicles speedometers suffer acording to the likes of the NRMA et al my actual seepd was more like 97.2 kph , what shits me most is that from Orbost through to Cann River I was watching my speedo more than the friggen road , passed a copper sitting with his amphometer, an umarked Ford explorer, 2 other police cars and a bike with radar installed and I still got done, friggen private enterprise, may carry a high powered lens destroying laser that fires off when radar detected , understand GW Bush has a few left over from his space defence program. Of course they know I can't affrod the time to fight it being an out stater etc, ah well shit happens, which is why some people refer to Victoria as the arse of the country I suppose

[rooster]

How did they pick you up without a front numberplate you hoon?

I made the mistake of stopping by the side of the road to have a smoke and the radar mistook me for a speeding tree

[photomike666]

If this works, I'll eat my Shoei, but I found this on the web recently...

"In essence, no "Road Rules" publication in ANY state has been lawfully enacted. No state government can lawfully enact them because they contravene our fundamental Constitutional rights (Section 92 of the Commonwealth Constituion) to travel freely on our roads.

Certain fines, such as red light camera fines, also have fundamental flaws - like speed cameras - in respect to proving the authenticity of the photographs produced by these devices (relating to the flawed MD5 algorithm).

All the road rules are just that - rules. They are NOT Acts or Laws. You must remember that these rules were only ever put in place to help create an even flow of traffic. It makes sense to have Stop signs and Give Way signs that INDICATE what people SHOULD do, but you cannot punish them for not doing it unless they actually cause an accident.

Without a victim there can be no crime and without a crime there is no call for punishment. There is NO victim if you break a road rule and therefore there is no crime committed and no need for punishment by way of any fine or loss of demerit points."

Probably only worth trying if you are likely to lose your licence.

[rooster]

The thing that irks is that I was being exceedingly obedient and attentive to the "speed limits", if it had happened in NSW nothing would have been done as at least at this time our tolerances are a bit more meaningful also if the trap was somewhere meaningful like near a dwelling or town or school or banjo hall then I say fair enough, anyway enough bleating from me for now the pain in the wallet region is very slowly lessening.

[ducati_paul]

$138 and 1 point for doing 104 KP BLOODY H in a 100 zone

Speed kills!

[J.B]

As far as I was aware they couldn't fine you until you were above the 10% error margin, ie you could only get fined once you are doing 110 in a 100 zone.

I was told by a police friend of mine that in QLD they allow 10kph over at all speeds such that they would only fine you once you were doing 11kph over the posted limit, but are chaging to 10% to come into line with the other states. I guess it's the discretion of the officer. But 4 over the limit is a bit rough, could probably argue the case and win.

[Smitty]

If this works, I'll eat my Shoei, but I found this on the web recently...

"In essence, no "Road Rules" publication in ANY state has been lawfully enacted. No state government can lawfully enact them because they contravene our fundamental Constitutional rights (Section 92 of the Commonwealth Constituion) to travel freely on our roads.

...snip.

Mike
thats an oldie..and a baddie..it don't work. it won't work
why?
the person(s) who came up with bit of twisted logic are wrong-
that section of the Constitution (the only bit of my uni law studies that made sense) applies to interstate trade .


Section 92 of the Constitution lays down that "trade, commerce and intercourse among the States shall be absolutely free".
In a series of Court decisions (dicta we had to learn...and I have not forgotten) this section has been interpreted to mean that
interstate trade and commerce should be conducted on the principle of free enterprise...which is all fair enuff.
so
It has NOTHING to do with road travel (or air travel or river boat travel)


hope that makes sense


cheers

Smitty

[Frank]

About the only positive I can see is that if it was here in NSW it would have been 3 points and 300 odd dollars, but as you said you would have had a good chance of fighting it.
Bloody revenue raises.

[mick_dundee]

As far as I was aware they couldn't fine you until you were above the 10% error margin, ie you could only get fined once you are doing 110 in a 100 zone.

I was told by a police friend of mine that in QLD they allow 10kph over at all speeds such that they would only fine you once you were doing 11kph over the posted limit, but are chaging to 10% to come into line with the other states. I guess it's the discretion of the officer. But 4 over the limit is a bit rough, could probably argue the case and win.

Whatever rules apply in Qld rest assured they don't here in Mexico, hence I have a numberplate frame reading "Welcome to Victoria" "Speed camera state". The gov't down here reaps almost as much from it's "safety" cameras as it does from the pokies..

[ZXRobyn]

As far as I was aware they couldn't fine you until you were above the 10% error margin, ie you could only get fined once you are doing 110 in a 100 zone.

I was told by a police friend of mine that in QLD they allow 10kph over at all speeds such that they would only fine you once you were doing 11kph over the posted limit, but are chaging to 10% to come into line with the other states. I guess it's the discretion of the officer. But 4 over the limit is a bit rough, could probably argue the case and win.

My understanding is that they have a ZERO tolerance in Vic. You can be done for just 1km over
FTR, if you have not been fined in 10yrs (yeh, like that's likley ) it IS worth writing to them (don't have the details with me atm, but if you're interested I can send you the info).
I have only had my bike licence for 8odd years but have never been booked. Becuase I had been booked in the car in 2001 I was not 'eligible' for a review of my infringment. Personally I think it sux, because how can I quality for the 10yrs if I haven't had my licence that long - go figure???

Anyway if it makes you feel any better Rooster , I was booked on way to Moto GP last year 130 in 110 zone, 2 or 3 points and $79 and....... upon my return from WSB had a fine from a ride in Feb for 74 in 50 zone... $238 and 3points later Mmmmm not happy! 7yrs on 12 points and in 6mths, 6 points lost.

[red_dave]

I lost 6 points and many dollars within 3 weeks when i first moved to Sydney... Hadn't had a speeding fine in 7 years prior to that.

However, those points mysteriously re-appeared when i changed my Licence over a year later.

That's a real bastard Eric...