point-point speed traps.

Discussion in 'Australian Motorcycles' started by vifer, Feb 26, 2005.

  1. vifer

    vifer Guest

    vifer, Feb 26, 2005
    #1
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  2. vifer

    rob Guest

    Reminds me of a news segment on Sydney TV recently debunking the myth of the
    Australian "larrikin" - this idea that Australians are free-spirited
    individuals with a general contempt for authority. We are the most
    compliant nation in the western world. Nowhere else in the world are hidden
    speed cameras tolerated the way we accept them in Victoria and SA. We
    meekly accepted compulsory helmets (motorcycles and push bikes), seatbelts,
    toll roads, and now in NSW they are passing laws forbidding you to take
    photographs on beaches. What's next? Front number plates, speed limiters
    on bikes, capacity restrictions....

    Our national history of civil disobedience starts are the Eureka Stockade
    and ends with the Vietnam moratoriums. There's SFA in between or since.

    I'm not an advocate for speeding but I also cynical enough to know speed
    cameras are not targeted at traffic accident reduction.

    End of rant....

    Rob
     
    rob, Feb 27, 2005
    #2
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  3. vifer

    col Guest

    Yeah, its getting almost to the point where I think about moving
    interstate....
    When travelling on the Eastern Freeway outbound I see the electronic sign
    proclaiming, "Dont fool yourself....speed kills" and this is where I am
    sitting on 110-12klms....and I am getting passed by others doing
    considerably more...this occurs every week of the day and still there are
    hardly any accidents....Of course speed can kill but it is somtimes a
    contributing factor and not the only one when an accident occurs...petty the
    dick heads in spring street dont acknowledge that...

    col
     
    col, Feb 27, 2005
    #3
  4. vifer

    Nev.. Guest

    When (if) they do get these point to point cameras up and running it will
    raise an interesting question. How will they deal with identification of the
    person committing the infringement. At the moment all speeding offences are
    static, but dynamic speed detection raises a whole new series of problems for
    driver identification. If there are is than one driver how will they
    determine if it was one, the other, or both who committed the offence. I
    wonder how magistrates will deal with these situation. I have had a quick
    look at the amendment act for point to point camera speed detection and there
    is no suggestion at all of how to deal with such matters, or whether they had
    even been considered.



    Nev..
    '03 ZX12R
     
    Nev.., Feb 27, 2005
    #4
  5. vifer

    Jack Guest

    It's 'when', see today's The Age.
    Yeah, I wondered this too. If we go Mel to Wangaratta, change drivers,
    and the other guy hoons off to Albury, who gets done? How do they
    prove which driver did the speeding?

    I'm a bit surprised no-one seems to have raised the issue of civil
    liberties. With a normal speed camera, you only get photographed if
    you break the limit. Now, they are going to photo everyone. I'm
    *really* uncomfortable with the idea of the Govt monitoring my
    movements around the State.
     
    Jack, Feb 27, 2005
    #5
  6. vifer

    IK Guest

    Chances are they'll just short-circuit it and pin it on the registered
    owner, on whom the onus will then be to prove they weren't behind the
    wheel when the transgression was committed... if the vehicle's
    registered to you, you're responsible for its use, and everything else
    is tough shit...
     
    IK, Feb 27, 2005
    #6
  7. vifer

    Nev.. Guest

    Yes that is exactly what they will do, but my point is that all other traffic
    fines which are detected by camera and issued by post are static offences,
    there can only be one person committing the offence. With average speed there
    could be two or more people who may have driven the car while the offence was
    being committed, but there is no certain way to determine how many of those
    people may have committed the actual offence. eg if Mrs Blog loans her car to
    her sons Joe and Fred, and they both share the driving on a trip from
    Melbourne to Sydney, and they change drivers every half hour, when she gets
    the fine in the mail, who does she nominate as the 'driver' who committed the
    offence? Both of her sons can stand up in court and 'say I didn't speed, it
    was my brother' and AFAIK if the prosecution can't identify the person who
    committed the offence they can't win a conviction.

    Nev..
    '03 ZX12R
     
    Nev.., Feb 27, 2005
    #7
  8. vifer

    IK Guest

    Well, rather than one camera at Wodonga and one at Craigieburn, chances
    are the system will use cameras positioned every 30 or so km along the
    highway, and bookings will result from you covering the distance
    between_any_pair of cameras at less than the minimum permissible time.
    But, it won't be the government. It'll be a private company contracted
    to implement and operate the system, exactly as happens to be the case
    with cameras in shopping centres, train stations, airports...

    ....we've collectively decided to allow the thin end of this particular
    wedge in long ago.
     
    IK, Feb 27, 2005
    #8
  9. vifer

    GB Guest

    When DUI laws were first introduced in NSW, they had a run of
    punters who claimed to have taken an additional drink "to calm
    their nerves" after their initial breath test.

    (In NSW, the roadside breath test is an initial screen. If you
    blow over, you're apparently carted off to the cop shop for
    another test with a more betterly calibrated machine.)

    The NSW gubmint came out with a new law that defined that
    additional drink to be an active and deliberate attempt to
    beat the system, and made it an additional offence, blah-di-blah.

    Cynical as I am, I can see that the situation you suggest
    would be quickly countered with a law that says changing drivers
    is a deliberate attempt to buck the system, and hit both of
    them with the whammy, or something equally safety-minded. Will
    be a bit more interesting than the DUI case, since it's pretty
    hard to argue that changing drivers periodically on lengthy
    journeys isn't a good, sensible, and safe thing to do.

    G
     
    GB, Feb 27, 2005
    #9
  10. vifer

    GB Guest

    Remember Horace Rumpole? He called that "the cutthroat defence". Both
    lags stand up and say "It weren't me guv-nor, it were the other bloke.".
    Rumpole particularly disliked the cutthroat defence 'cos it really
    only served to particularly irritate the 'old darling' on the bench,
    and both defendants came off worse as a result.

    G
     
    GB, Feb 27, 2005
    #10
  11. vifer

    GB Guest

    It's really a bit bloody late to be getting uncomfortable about
    that now. GovCo already has a pretty good idea about who you are
    and where you're going. You have a mobile telephone right? You
    probably have one of those RFID tag thingamies for paying
    bridge/freeway tolls too, right?

    G, who pays his tolls over the counter every time. If the bastards
    want to know who I am and where I've been, they'll have to go
    to the minor additional effort of photographing my number plates
    and OCRing them.
     
    GB, Feb 27, 2005
    #11
  12. vifer

    Nev.. Guest

    The great thing about script writing for television is that at the end of the
    episode there is no appeal court or other implications for the writers to
    consider.

    Nev..
    '03 ZX12R
     
    Nev.., Feb 27, 2005
    #12
  13. vifer

    vifer Guest

    .. eg if Mrs Blog loans her car to
    On the same nerve with company vehicles. Who gets done? the liability falls
    on the company operating / owning / being the registered owner of the
    vehicle. The Directors.

    Goverment says.."F!@# you .. Pay me! "

    Unless you've reported your vehicle stolen ( pre or post fact with
    affidavids ) then you're done.

    vifer
     
    vifer, Feb 27, 2005
    #13
  14. "It was Nev driving my car at the time officer"

    Al
     
    Alan Pennykid, Feb 27, 2005
    #14
  15. vifer

    Nev.. Guest

    Works better if you nominate someone who lives overseas, South America for
    instance.

    Nev..
    '03 ZX12R
     
    Nev.., Feb 27, 2005
    #15
  16. vifer

    GB Guest

    If you only watched Sir John Mortimer QC's work on telly, then
    you probably missed 9/10ths of the subtleties. The Rumpole character
    was far more entertaining in print. Reasonably legally valid too,
    certainly more so than 'Laura Norder' and 'NCIS' - and hardly
    surprising, Sir Mortimer is a 'Queer Customer' after all, so he
    presumably knows a thing or two about the law (and about hobbing
    with the right knobs amongst the British upper class!).

    My mention of the cut throat defence was for your entertainment,
    not for your legal enlightenment.


    Geez your a grumpy old stick in the mud Nev!

    G
     
    GB, Feb 27, 2005
    #16
  17. Hello, Nev..!
    You wrote on Mon, 28 Feb 2005 13:31:50 +1100:

    N> I know all that, but it is only relevant for static offences. I am
    N> talking about situations where there are more than one driver and the
    N> offence is committed over an extended period.

    Won't matter in the slightest. They will just make the registered owner responsible for identifying the driver at fault. If no driver can be identified, the registered owner will wear it. This is pretty much how it is now. Trying to circumvent paying a revenue raising fine is harder than shitting a watermelon. The WILL get the money out of you somehow. lol
     
    Farque Khantz, Feb 28, 2005
    #17
  18. Hello, Nev..!
    You wrote on Mon, 28 Feb 2005 15:59:21 +1100:

    N> Farque Khantz wrote:
    ??>>
    ??>> Hello, Nev..!
    ??>> You wrote on Mon, 28 Feb 2005 13:31:50 +1100:
    ??>>
    N>>> I know all that, but it is only relevant for static offences. I am
    N>>> talking about situations where there are more than one driver and the
    N>>> offence is committed over an extended period.
    ??>>
    ??>> Won't matter in the slightest. They will just make the registered
    ??>> owner responsible for identifying the driver at fault. If no driver
    ??>> can be identified, the registered owner will wear it. This is pretty
    ??>> much how it is now. Trying to circumvent paying a revenue raising
    ??>> fine is harder than shitting a watermelon. The WILL get the money out
    ??>> of you somehow. lol

    N> Why do people keep replying to my posts talking about one driver? I'm
    N> not talking about one driver, I'm talking about the possibility of two
    N> or more drivers driving the car during the execution of the offence and
    N> the actual driver or drivers who committed the offence being identified,
    N> but not being clearly identifiable.

    Ahh I see, you are asking how they will split the fine if more than one is possibly at fault. Simple, all those driving between point A and B (where the offence occured) get fined equally. Remember, it's not about justice, it's about revenue raising - you ARE guilty regardless of whether it can be proved or not. I guess it's 'guilty by association' :)
     
    Farque Khantz, Feb 28, 2005
    #18
  19. vifer

    Johnnie5 Guest


    happened where i work 12 months or so ago

    the driver denied he was driving at the time again and again

    the guvnmint increased the fine and the company had to pay the fine

    this also meant that no one copped the points
     
    Johnnie5, Feb 28, 2005
    #19
  20. Hello, Johnnie5!
    You wrote on Mon, 28 Feb 2005 17:03:42 +1100:


    ??>> Won't matter in the slightest. They will just make the registered
    ??>> owner responsible for identifying the driver at fault. If no driver
    ??>> can be identified, the registered owner will wear it. This is pretty
    ??>> much how it is now. Trying to circumvent paying a revenue raising
    ??>> fine is harder than shitting a watermelon. The WILL get the money out
    ??>> of you somehow. lol

    J> happened where i work 12 months or so ago

    J> the driver denied he was driving at the time again and again

    J> the guvnmint increased the fine and the company had to pay the fine

    J> this also meant that no one copped the points


    I hope the company docked his pay lol
     
    Farque Khantz, Feb 28, 2005
    #20
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