Went to court to challenge a red light camera time. The alleged offence was that I was into the red for .5 seconds , I showed that I only got 2.880 on the yellow WHICH is less than the minimum of of 3 seconds. So their standard was not met.
I got .4 seconds if allowance made for the .120 seconds of yellow that I did not get.
The magistrate said that the time standard did not need to be met as Vic roads did not operate under any law so she could ignore it !!!!!!!!!!!
After she convicted me I told her I would be appealing to the County court , I did express any contempt towards her as I could be fined by her.
Have a court date of the 16 th of May and I have since found out that Vic Roads does operate under a act of Parliament .
One of the issues was that I wanted to get the testing procedures of the camera which has led to a successful challenge in SA supreme court where the compliance certificate was ruled to be invalid
as the testing was not done exactly as specified by the regulations - they tested the camera under the green light not red.
This case was Police v Woolmer .
Also in my case they have two photos with the same time - the magistrate agreed that the second photo was one second later.
In Victoria they follow the part 9 of the traffic management but put the time for all turns at design speed of 45 kph which translates
into a time of 3.08 seconds but is rounded to 3 seconds . NO WHERE have I found that they can legally do this .
In my case the speed is 60 kph so 4 seconds of yellow is appropriate ,
Also what I do not know is whether the informant is obligated to provide they testing procedure details - they suggested that I could pay for it myself and get it.
Karlis
I got .4 seconds if allowance made for the .120 seconds of yellow that I did not get.
The magistrate said that the time standard did not need to be met as Vic roads did not operate under any law so she could ignore it !!!!!!!!!!!
After she convicted me I told her I would be appealing to the County court , I did express any contempt towards her as I could be fined by her.
Have a court date of the 16 th of May and I have since found out that Vic Roads does operate under a act of Parliament .
One of the issues was that I wanted to get the testing procedures of the camera which has led to a successful challenge in SA supreme court where the compliance certificate was ruled to be invalid
as the testing was not done exactly as specified by the regulations - they tested the camera under the green light not red.
This case was Police v Woolmer .
Also in my case they have two photos with the same time - the magistrate agreed that the second photo was one second later.
In Victoria they follow the part 9 of the traffic management but put the time for all turns at design speed of 45 kph which translates
into a time of 3.08 seconds but is rounded to 3 seconds . NO WHERE have I found that they can legally do this .
In my case the speed is 60 kph so 4 seconds of yellow is appropriate ,
Also what I do not know is whether the informant is obligated to provide they testing procedure details - they suggested that I could pay for it myself and get it.
Karlis
