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NSW Radar gun on highway - fines

Discussion in 'Politics, Laws, Government & Insurance' started by davidp1984, Jan 2, 2013.

  1. Hi all,

    Theoretically, if someone was speeding past a radar on the Hume highway could you get a fine mailed to you or do they have to pull you over to show the reading etc?

  2. YES! You don't have to be pulled over.
  3. David, no disrespect to pod, but If you went past a marked highway patrol car with a radar, you generally wont get a fine unless they chase you down (at least in my experience...and since I picked up the Daytona, I've had all too frequents encounters with our mates in blue)

    My understanding is that you only get the fine in the mail when it's a speed camera which capture the offence - either a fixed one, or those new RTA mobile units, but these are both signposted;

    • Like Like x 1
  4. They don't have to give the fine in the spot though. UDLOSE had cop show up at his door but that was after the cop pulled up 2 others with him and he scarpered
  5. :confused:

    Operator onus offences only apply to parking, speed cameras, drive unregistered, tollways, littering and red light cameras only. For all other offences they need to know who was driving, and the driver cannot nominate another person.

    eg. Sect 84BC Road Safety Act 1986:

    (1) If the Act or legislative instrument that creates an offence that may be committed by the driver or person in charge of a motor vehicle or trailer, or any other Act or legislative instrument, expressly states that the offence is an operator onus offence for the purposes of this Part, then (except as otherwise provided by this Part) the person who at the time of the offence is the responsible person in relation to the motor vehicle or trailer is guilty of the offence as if that person were the driver or person in charge (as the case requires) of the motor vehicle or trailer at that time.

  6. Just to clarify, it means they have to pull me over to identify the driver, they can't just send it out because they don't know who the driver was?

    All hypothetical that is :)
  7. Correct davidp1984.

    You cannot be identified as the offending driver if you weren't stopped & asked to produce your drivers license.

    Radar identifies speed of a vehicle, not the person driving it.

    • Like Like x 2
  8. Thanks everyone for clearing up my hypothetical scenario for me.
  9. Hmm, I got a fine on Caroline Springs Boulevard a few years ago, 99% sure there're no cameras since I've never received another one. Must've been a camera car I guess?
  10. Different in each state, unfortunately - in NSW there always been big saga about signposting cameras;

  11. https://netrider.net.au/threads/speeding-past-copper.125094/

    OP says:
    "Not sure if in the right section but hopefully i can get some replies on this. I created a new thread from a suggestion

    Tonight I was riding home and a copper had pulled over another person, on the other side of the road. I was going about 70-75km/h in a 60 zone.

    He walked up to the middle of the road while i passed and did nothing? I looked back and im assuming he was writing down my license plate. Can he actually fine me for that?

    There was no radar gun in his hand, just pen and notepad"

    Vic Police (who knows road law):
    "You shouldn't get a infringement in the mail, as its not related to an operator onus offence.

    Operator onus only applies to parking, speed cameras, drive unregistered, tollways, littering and red light cameras only. For all other offences they need to know who was driving.

    To get this information in this circumstance they would have to make a demand under section 60A of the Road Safety Act, (which an infringement notice isn't in case you were going to ask)"

    Ex NSW Police (who doesn't know road law - I've corrected him many times):
    "To cover another point raised by a few people, police don't legally have to pull you over to issue you a fine. It is NORMALLY what is done, so the police can establish the driver, but not 100% of the time. As pointed out, there is no onus on the police to identify the driver, it just makes writing out the fine easier. Hell, look at fixed speed cameras, they don't try and identify the driver at all.

    Mate lastly, I woulnd't be too concerned until you get a fine in the mail (that's if you get one). But also, you saw the cops and knew you were speeding, so if you get a fine there is only one person to blame. Could you not have wiped off even 10kph after you saw him?"

    • Like Like x 1
  12. Theoretically, I was doing the speed limit when I saw him as I thought it would be a nice spot for the copper to hide, but I'm not too sure if he had sight of me before I had sight of him.
  13. Justus, you are correct for Vic but it's not the same in all other states. The above quote is correct for the ACT. TINs can be mailed to the registered operator without pulling over the vehicle. If the registered operator wasn't driving at the time of the offence then they have to nominate via stat dec who was driving. This can be done for any offence where a TIN can be issued. I'm not familiar with other states legislation but I thought NSW and QLD were the same as the ACT in this respect.
  14. I don't ever speak for ACT. You're the expert there, second to none.