Please let it happen.............

[Denno]

Some other Melburinans may have heard this rumour on the radio earlier today.

Apparently, someone (a copper I think), is going to take on a speeding fine he received. He got done for 4km/h over (not sure of the speed limit). Australian standards allow for 10% error in calibration, yet the "misdemeanor" is still within this limit.

As the Australian Standard is a national standard, the logic is that it supercede the Victorian (speed limit) law.

I hope this gets up. While I don't condone speeding, and blatant drivers should be penalised, I've always found this a ridiculous situation - you can get booked whilst you are still within Australian standards.

I await with baited breath.

 

[Joel]

Australian standards don't count for jack.

Unless the Fed Gov has specific authority under the constitution to make laws on stuff like this (which they don't), then the the state government has the right to make whatever laws they like (if I'm not mistaken).

Off the top of my head (remember back to Yr12 Legal), I think that Fed Gov law only overides (under S. 109) if there is a conflict of laws where both State and Gov have the power to make law.

Does that make sense? Probably not, and I'm not sure I'm totally correct. But, I'm pretty sure the cop would lose.

 

[pav_is_god]

The Federal Government can only pass legislation that pertains to the heads of power given to it under the constitution. These include:

trade and commerce with other countries, and among the States [s 51(i)];

taxation [s 51(ii)];

defence [s 51(vi)];

corporations [s 51(xx)];

immigration [s 51(xxvii)]; and

external affairs [s 51(xxix)].
Parliament may also make laws on a range of specifically enumerated matters including Commonwealth places and on the Commonwealth public service (section 52), the imposition of customs and excise duties (section 90) as well as on federal territories (section 122).

The speed limits in Victoria don't fall under any of these so the copper's argument won't hold up. Incidently, if the Federal government had signed and ratified an international treaty on speed limits, it could then dictate the speeds on State roads and the argument would have some credence.

 

[dr nick]

sounds like tasting your own medicine to me

I hope that copper gets whats coming to him.

 

[Karbassiyoon]

what's the colour of a two cent coin?

 

[dr nick]

you're getting a little too philosophical for me here.

 

[benbergin]

Originally posted by Ted Pellitts
what's the colour of a two cent coin?

copper!

 

[Karbassiyoon]

Originally posted by benbergin
copper!

copper!

 

[Fire]

Cu29

 

[Karbassiyoon]

Originally posted by Fire
Cu29

this young chap obviously did not go to springfield elementary!

 

[Fire]

No, I went to www.chemicalelements.com/

 

[daicos4ever]

Originally posted by Ted Pellitts
copper!

Coppers are.....

 

[Bomber Spirit]

Originally posted by daicos4ever
Coppers are.....

going home in the back of the divvy van.

 

[Fullarton Power]

Originally posted by Denno
Some other Melburinans may have heard this rumour on the radio earlier today.

Apparently, someone (a copper I think), is going to take on a speeding fine he received. He got done for 4km/h over (not sure of the speed limit). Australian standards allow for 10% error in calibration, yet the "misdemeanor" is still within this limit.

As the Australian Standard is a national standard, the logic is that it supercede the Victorian (speed limit) law.

I hope this gets up. While I don't condone speeding, and blatant drivers should be penalised, I've always found this a ridiculous situation - you can get booked whilst you are still within Australian standards.

I await with baited breath.

This is actually a double edged sword.
On one hand, it would be great to see justice done and the court overthrow the fine, and then have the ridiculous Victorian Government legislation relating to speed cameras etc completely repealed and Bracks told in no uncertain terms by the Feds to get his police force off the roads raising revenue and back on the streets doing the job we taxpayers pay them to do.... catching criminals and solving real crimes. Can't see this happening in this sick Orwellian society that is the modern world though.

On the other hand though, as this bloke is a copper, I hope they throw the book at the bastard.

 

[Karbassiyoon]

do i smell bacon?

 

[Darky]

There's no doubt that the increase in revenue reliance on speed cameras, and the shortening of the 10% tolerance and the demerit point margins is a revenue raising exercise..

BUT

... once the laws are set, they're set. If you're nicked and the law is chiselled in stone, you're nicked. It's not the same as the woman who questioned her speeding fine as a question of (in)accuracy.

This is a case of questioning the law itself, but once it's a law, stiff sh1t. (BTW I disagree with the "3km over" buffer, but once it's law, it's to be adhered to).

 

[evade28]

I got pinged for 4ks over. Such a bit of BS. I always try not to speed but occasionally I go over a little bit, especially down a hill, which is where i was when they pinged me.


As for the rules being set in stone darky, what do you think about this new rule they bought in for P platers?

Apparently what they are doing is if you are on P's and lose 5 demerit points in 6 months you lose your license.
I think thats fair enough.
But it's been said that if you've been on your P's for 2.5 years and say 2 years ago you lost 5 points in 6 months, that you also lose your license. I reckon thats utter crap, how can they take your license for that when the rule wasn't even in then!

I was listening to the radio about a month ago and people were ringing up saying they'd lost their license for something they did 2 years ago.

I don't know how they get away with rules like that.

 

[dr nick]

cruising at 110km/h and only having 3km/h leeway is ridiculous. If you put a tiny bit too much air in the tyres or if the road surface is a bit hotter than it normally is, tough luck, because you're speedo will still read 110 when you are over 113.

 

[Fullarton Power]

Originally posted by evade28

I don't know how they get away with rules like that.

Because sheep vote in morons like Bracks with massive majorities.I hope to God you Melbournians have learned your lesson and rectify your massive mistake in 2006.

 

[Fall Out Boy]

Originally posted by Fullarton Power
Because sheep vote in morons like Bracks with massive majorities.I hope to God you Melbournians have learned your lesson and rectify your massive mistake in 2006.

Spoken and authorised by Helen Kroger.

 

[Karbassiyoon]

i see, i see.