Message from the Chief Commissioner

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Frequently asked questions

Release date: Thu 10 October 2013

Last updated: Fri 22 August 2014

Can I receive payment assistance for Infringement Notice?

You may wish to contact Civic Compliance Victoria who may provide a payment plan to assist in the payment process. Refer to the Fines Victoria website for payment plan details and eligibility.

Can you alter demerit points and the fine amount?

These are legislated penalties and can not be altered or withdrawn by Victoria Police.

What if I was running late for an appointment?

This reason will not be considered as an acceptable excuse for exceeding the speed limit. Exceeding the speed limit puts the driver and other road users at risk.

What if I was in an emergency situation attending hospital?

Special consideration may be applied in the event of a genuine medical emergency. You may be required to provide a medical record or statement from a medical professional at the emergency hospital you attended.

Is an illness in the family exceptional circumstances?

Unless there is a genuine medical emergency, this will not generally be considered an acceptable reason to fail to obey road safety rules. You may be required to provide a medical record or statement as evidence of the medical emergency.

What if I was using cruise control or a GPS?

Cruise control and GPS systems are not scientifically tested or certified speed measuring devices and can be subject to faults and errors. It remains the driver's responsibility to stay within the speed limit.

Is a faulty speedometer an exceptional circumstance?

The obligation is on you to ensure that the speedometer is accurate and that you exercise your judgement and drive the vehicle at a speed which is at, or less than, the posted speed limit.

What if It was unsafe to stop for the red light?

Disobeying a red light is considered a serious safety related matter and is not eligible for an official warning. Drivers should take in to account vehicle type, weather conditions, traffic flow and other environmental factors when approaching traffic lights.

What if I was overtaking another vehicle?

It is illegal for a driver to exceed the speed limit while overtaking another vehicle.

What if I changed my tyres and now the speedometer is out?

It is a driver's obligation to ensure that the speedometer is accurate and to exercise judgement so as to drive the vehicle at a speed which is at, or less than, the posted speed limit.

What if I needed to go to the toilet?

This will not be considered an appropriate reason to withdraw an infringement notice or provide an official warning.

Are heavy vehicles given tolerance for red light offences?

Drivers of heavy vehicles are expected to drive in a manner such that they are in a position to comply with traffic lights. Traffic light offences are considered serious safety related matters and are not eligible for official warnings.

Can I get a warning for a mobile phone offence?

Mobile phone offences are considered a serious safety related matter and generally infringement notices are not withdrawn in relation to this offence.

Police Officers may apply their discretion at the time of issuing an Infringement Notice and issue a warning at the time of interception if they deem it appropriate in the circumstances.

Can I get a warning for a seatbelt offence?

Seatbelt offences are considered a serious safety related matter and generally infringement notices are not withdrawn in relation to this offence.

Police Officers may apply their discretion at the time of issuing an Infringement Notice and issue a warning at the time of interception if they deem it appropriate in the circumstances

What if the police member did not show the speed on the radar speed measuring device?

There is no legislative requirement for a Member of the Police Force to show the speed that has been detected on a Speed Measuring Device. The detected speed will be provided on the infringement notice.

What is the default speed limit?

Since January, 2001 any unsigned roads in a built up area carry an enforceable default speed limit of 50km/h.

What are variable speed limits?

Variable speed limits operate on some Victorian roads. These variable speed zones are designated by illuminated speed limit signs. They are operated by the road authorities in order to reduce the speed limit and allow the safe passage of vehicles around traffic incidents, roadworks and to alleviate traffic congestion.

How do I nominate another driver?

For information about nominating a driver, click here.

Further information can be found on the Fines Victoria website.

Camera Operation

How do you know it was my car/lane?

Fixed road safety cameras are comprised of lane specific detection systems that are verified independently to ensure the correct vehicle has been identified.

What if there are two vehicles in the image (fixed and mobile speed cameras)?

Road safety cameras are able to identify which vehicle was the offending vehicle. The images are reviewed before an infringement notice is issued.

What if I was already in the intersection?

A road safety red light camera is activated when a vehicle crosses the stop line and enters the intersection after the light/arrow turns red. If a vehicle is already partially or wholly over the stop line and within the intersection when the light/arrow turns red, an infringement will not be issued. All images are verified before an infringement notice is issued.

You may view the image at the Civic Compliance Victoria office. 277 William Street, Melbourne.
An image may be requested (at a nominal fee) and mailed out to you.

How does the National Measurement Act 1960 apply to speed cameras?

The National Measurement Act 1960 is irrelevant to any Victorian prosecution for a speeding offence based on road safety camera evidence. Accordingly the National Measurement Act 1960 is not relevant to your infringement other than the units in which it is expressed, ie kilometres per hour.

The Victorian Supreme Court and Victoria's Road Safety Camera Commissioner both consider that the National Measurement Act 1960 irrelevant to any prosecution for speeding based on speed camera evidence.

The legal validity of the Victorian Road Safety Camera Program arises from the Road Safety Act 1986 and the Road Safety (General) Regulations 2009 (the Regulations). All automatic detection devices are used, tested, sealed and certified in accordance with the Road Safety (General) Regulations 2009 and the evidence produced by the devices undergoes a rigorous verification process to ensure that it is of the highest standard.

How do I know the camera is calibrated?

All road safety cameras used in the detection of offences are scientifically tested, certified and calibrated. Infringement notices are only issued where it is verified that a current and valid calibration certificate exists for the relevant camera.

For more information go to www.camerassavelives.vic.gov.au

How do I request calibration certificates?

Fixed camera compliance certificates are available on the following website:

http://www.camerassavelives.vic.gov.au/home/locations/compliance+certificates/

To request a Mobile Speed Camera Certificate write to:

The Freedom of Information (FOI) Officer
Department of Justice
P.O. Box 4356 GPO
Melbourne, Victoria, 3001

The contact telephone number is (03) 8684 0063 or information in relation to the Freedom of Information processes may be accessed at www.justice.vic.gov.au

Please note current statutory application fees will apply.

Can a mobile speed camera be located on a gradient (hill)?

Mobile road safety cameras operate according to strict criteria which principally take into account areas with a history of serious and major injury collisions, as well as speeding complaints from local authorities, other government agencies and members of the police and public.

While Victoria Police policy generally limits the use of cameras on unsuitable gradients, there is no technical or legal reason why a mobile road safety camera cannot be operated on a gradient. Motorists must comply with speed limits regardless of environmental factors.

Is the camera operation faulty?

There are rigorous rules and procedures in place to ensure that the operation of the Fixed and Mobile Camera Network is conducted accurately. To ensure that the road safety camera network operates continuously and provides consistently reliable incident data, all components within the network are subject to a systematic and rigorous testing, certification and maintenance regime.

In August 2011, the Victorian Auditor General completed a review of the Road Safety Camera Program, validating the use and operation of the road safety camera network. Click here for further details.

What about the camera on the Wellington Road Bridge on Eastlink?

In July 2013, the Road Safety Camera Commissioner released his investigation into the accuracy and reliability of the road safety cameras on Eastlink.

This investigation involved the examination of in excess of 60 million speed measurements recorded by the road safety cameras on Eastlink between July 2011 and June 2012.

The Road Safety Camera Commissioner's investigation found that the road safety cameras accurately and reliably measured the speed of vehicles, they were compliant and they were maintained and tested in accordance with the requirements.

A copy of the report can be located on the Road Safety Camera Commissioner website.

Where was the mobile road safety camera specifically located?

Infringement notices detail the street/road/highway etc where the offence occurred and an approximate area between streets/roads etc. To find out about specific camera locations go to www.camerassavelives.vic.gov.au


 

 
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