Speed camera help please

**bluffy** · 25th February 2009, 18:17

I got a dreaded letter today!! 108km in a 50km area from a ride a couple of weekes ago. does anyone know what me the outcome of this will be as the bike is not regersted in my name but the company I work for and own. I am very concerned about this. Not really an advocate for high speed and am certainly feeling extremely guilty about this.....my only defence on the matter is a belive the camera was just inside the 50km area and i hadnt slowed down in time which is my own fault. Any help and suggestion much appreciated. The only info I discoverd is for speeds up to 50km not anything over.

Cheers

**tigertim20** · 25th February 2009, 18:53

If you got sent the letter, it should have an attached fine. My suggestion is this.
The bike is in the company's name yes?
You write a letter back saying that:
The bike is a company vehicle, open for use by any employee at any time, and it is impossible to know who used it on that day and at that time, though you have attempted to find who it was, but nobody has owned up, leathers and gear go with the bike, and thus seeing the photo is unlikely to help.

The worst that will happen is you will get a $600 fine, I think they call it "failing to comply" which just means its a fine for not telling them what they want to know, so match this possible cost against the size of the fine you have, which is less? (obviously either way you pay the fine out of company funds, as you own it, easy!)

The alternative: speed camera tickets do not come with demerit points, so I would pay whatever fine you get out of the business accounts, and let that be that, if they attempt to try and find the rider, you use the above statement, Now I may be wrong about the process of what happens for a ticket which exceeds the limit by 58 km/hr, and there is a possibility they would try to take the liscence IF they could identify the rider. That is my 2 cents worth.

**CB ARGH** · 25th February 2009, 18:56

I believe that a speed camera (fixed or mobile) can not be operating within 250m of where a posted speed limit drops (ie 100 - 50). The info is on the police website somewhere, I'd have no idea where to find it now, sorry.

**Dean** · 25th February 2009, 19:00

At first i thought you said 180kph in a 50kph zone!!!!! pheww
But maybe ask username-Patrick, on this he could give you legal advice and help you sort out the mess.
I hope you get it sorted all the best.

**pritch** · 25th February 2009, 19:20

Originally Posted by tigertim20

The bike is in the company's name yes?
You write a letter back saying that:
The bike is a company vehicle, open for use by any employee at any time, and it is impossible to know who used it on that day and at that time, though you have attempted to find who it was, but nobody has owned up, leathers and gear go with the bike, and thus seeing the photo is unlikely to help.

Too late she cried?

The original poster didn't say when this heinous crime was committed. If the OP got the letter then it is likely somebody has already informed

as to who was driving.

Generally the

don't just roll over for some half arsed statement that you can't identify the driver. These things art usually dealt with by way of a statutory declaration witnessed by a JP or a lawyer etc that they have followed several steps and still don't know who was driving. Falsifying such a statement would be a relatively serious matter...

Pay the bloody fine and don't whinge. Look on the bright side: no demerit points - yet.

**bluffy** · 25th February 2009, 19:53

I have no issues paying the fine....more than happy too, I was speeding!! But what worries me is the letter has no fine on it......the letter is asking for the details of the rider...and further corespondece will be issued. It has details of when and where and the speed and a form to fill out. Please note the bike is in a dealer name (as im a deal and yes should know better). There is no amount set to pay.....thats the concern.....I give up my details and boom....bye bye licence. Thanks to you who have responded so far.

**geoffm** · 25th February 2009, 20:32

A dealer - you mean someone took it for a test ride and didn't leave accurate details. Careless of you there....

**tigertim20** · 25th February 2009, 20:38

You dont mind paying the fine, but dont want to lose your liscence, refer to my first thread:
write back saying bike is a company owned vehicle, free for use by any employee at any time, and leathers and helmet go with the bike. You have enquired, but failed to get a name or admission from whoever was riding, you apologise and will initiate a method of policing use of this vehicle, throu some form of a log-book for times and dates of use in the future.
Worst they can do is fine you $600 for "failure to comply" thus you pay a fine, as you are happy to do, and you keep your liscence, as you want to.
Best of luck, I think its bullshit putting a camera immediately after a change of speed sign.

**Gubb** · 25th February 2009, 20:42

Sad but true, but you admit you did the crime, it's time to man up and pass on your details.

**tigertim20** · 25th February 2009, 20:44

sister was in a similar position at a time, a complaint was laid to police for hugely excessive speed, the complainent even had video footage, though it didnt see the driver. She told the cops it wasnt her, she had left the car at a party the night before and it could have neen anybody using it who was there. They fined her $600 for failure to comply, they cant be bothered chasing someone over something like that.

**CookMySock** · 25th February 2009, 20:56

Originally Posted by bluffy

.....the letter is asking for the details of the rider...and further corespondece will be issued.

I wouldnt do ANYTHING. They will try to engineer out of you what they can. You do not have to help them do their job.

Wait until they issue you with a fine and just pay it with a company cheque signed by your accountant. Don't put your name on anything.

Good luck with that.
Steve

**Mully** · 25th February 2009, 20:59

At that speed, it's a court summons, not a fine. They are trying to find out who needs to visit the judge.

**scumdog** · 25th February 2009, 21:07

Originally Posted by DangerousBastard

I wouldnt do ANYTHING. They will try to engineer out of you what they can. You do not have to help them do their job.

Wait until they issue you with a fine and just pay it with a company cheque signed by your accountant. Don't put your name on anything.
Steve

Will that REALLY work??

**fireliv** · 25th February 2009, 21:10

Originally Posted by bluffy

I have no issues paying the fine....more than happy too, I was speeding!! But what worries me is the letter has no fine on it......the letter is asking for the details of the rider...and further corespondece will be issued. It has details of when and where and the speed and a form to fill out. Please note the bike is in a dealer name (as im a deal and yes should know better). There is no amount set to pay.....thats the concern.....I give up my details and boom....bye bye licence. Thanks to you who have responded so far.

If you dont provide details of the rider you could be charged with "Failing to Provide information" or "preverting the course of justice". The second is very rare in a traffic matter (and holds max 7 years imprisionment I think) But the first could be very likely (a finable offense involving a trip to the court before JPs usually). Or neither, its up to the police after all. If you man up and admitt it, they will probably issue you with a fine to pay.

**Gremlin** · 26th February 2009, 01:40

What you have received is the request for information. Basically, as the registered owner, you have been sent the notice, and you have to provide the details of who was using it at the time of the offence. The law sees it as your responsibility, as the registered owner, to know who is using it at all times.

The answer "I don't know who was" is not acceptable either, and if you are unable to provide details, you, as the registered owner, are liable instead (perhaps with a reduced fine, if the cop feels that perhaps your explanation it wasn't you, is true).

One grey area is when its registered to a company, not sure how that follows, as it would be lovely for a company to rack up demerits, then get its driving license suspended

I would presume they may look at company owners, as its otherwise a fantastic loophole.

You CANNOT do nothing... the punishment for this is outlined in the request, I believe its up to $10,000 and/or jail time, and you have 14 days to comply, from the notice date (if memory serves).

Once they receive the details, they then issue that person with the relevant fine/whatever, as they now know who committed the offence.

What you need to know is, what fines/court are relevant to 58kph over on a speed camera. Being caught by a cop is instant dangerous driving from memory.