Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Speed cameras and Illegal parking

Discussion in 'Politics, Laws, Government & Insurance' started by Flylo, Dec 5, 2010.

Thread Status:
Not open for further replies.
  1. Hi all. I was just wondering if there is a law that states 'you cannot be fined, or found guilty of an offense, if the person/s handing out the fine are acting in an illegal way'?
    I ask this because I received a fine recently for speeding, and the the car that the speed camera was mounted in was parked illegally on the naturestrip. I spoke to the local council and they informed me that the vehicle could actually receive a fine for parking on the naturestrip.
    So is it possible to fight this fine with the current laws? Any other way I can fight it?

  2. speed camera vans always park illegally in Canberra on nature strip on side of road and also in median strip between divided roads
  3. Was it a private company with the camera?

    Or a police vehicle?

    Is the evidence admissible if collected in an illegal manner? No.

    Was the evidence collected in an illegal manner? No.

    Why? Because the collection itself - the photographic evidence and measurement of speed - was not illegal. The placement of the car was illegal. That does not impinge upon the after-the-fact collection, production and admission of evidence as to guilt, especially for a strict liability offense.

    You got caught breaking the law. Unfortunately you have to pony up, unless you can prove on the facts otherwise. Then you will pony up to a lawyer, who pays 35-44% tax, and the Government ends up winning more for their coffers anyway, because they just collected more in tax than they would through the fine.
Thread Status:
Not open for further replies.