Speeding motorist in Victoria may avoid paying speeding fines by applying for a warning.
The Victorian Police has just rewritten their rules in order to inform the public their new rule on speeding motorist.
Under this new policy, a speeding motorist may apply for a warning instead of getting a speeding fine. While the police official warning policy was recently published, it should have been made available to the public years ago. Thousands of motorists could have avoided paying for their speeding fines in the past years if this information has been made available to the public.
Under the new rule, motorists who are caught speeding between 10 and 14 km/h over the speed limit imposed in a certain road will be warned instead of getting a speeding fine. This can only apply if the motorist has not previously been caught speeding within 3 years. Previously, the police only allows speeding motorist to apply for a warnings if they are busted and doing only less than 10 km/h over the speed limit and they have not been previously fined within two years. This updated information regarding the new rule was published in the website of the Victorian Police.
The new policy imposes several criteria on when a speeding motorist may elect and file for an official warning instead of paying their speeding fine. These criteria include:
- The speeding motorist must have his current valid driver’s license. This includes probationary and learner driver’s permit.;
- The motorists must not have been apprehended for over speeding and they must not have received a speeding fine, traffic infringements and/or official warning due to a road rule violation within the previous three (3) years;
- The motorists must only exceed the speed limit between 10 to 14 kilometres per hour and they should not exceed 14 kilometres per hour when they were apprehended;
- The motorist must be honest about their infraction and admit that they exceeded the speed in the area where they were caught.
Last year, around 160,000 motorist were fined for over speeding by 10 to 14 km/h. All of them have received infringement notices and appropriate speeding fines were imposed on them. Around 50,000 of these motorists filed a request for an internal review of their speeding fines.
A driver and motorist who violated a traffic rule and received an appropriate infringement notice may apply for an internal review of the said notice. However this option is not applicable to those traffic violations which include drink driving, driving under the influence of drugs and excessive speeding.
A driver may apply for an internal review any time before the traffic violation is lodge with the infringement courts or before the period of bringing and filing the said case to the court expires. An internal review will be judged and decided by the court on a case to case basis. Only one application for review will be entertained for a single infringement.
Applying for an internal review must be made in writing, stating the grounds for the review, with the current address details of the applicant and if it is filed on behalf of a third party, an appropriate letter of consent or any other evidence thereof must be included in the application.
Grounds for review must be based only on the following:
- The applicant believes that the issuance of the notice of infringement is contrary to law;
- There is mistake in the identity of the offender; and
- The conduct of the offender is justified and excused under the exceptional circumstances but the traffic violation cannot be avoided.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.