In Aus is there a time limit to send FPNs?
Discussion
Guddie Cobber..
As an Oz you will be aware of the influence of Pom Law on your Country which follows mainly that decreed in this Cricket superior land (UK).
It follows that your Road Traffic Laws can follow that passed in UK where there is a requirement to serve a Notice of Intended Prosecution on the Reg Owner of driver if known within 14 days of certain alleged offences which include speeding and red light infringements. Failure to warn of this provision at the time verbally or by post debars prosecution. You will need to visit your local Library Law reference Section and puruse Traffic Acts etc. or speak to you local Police.
Having done a quick cull of the Web then would appear to be similar provisions and interestingly, it appears that for speeding owner liability can kick in in that a person denies being the culpit it then falls on the Keeper/Owner for the offence unless the contrary can be proved. (UK quake for the future). Have had a look at one of your your Road Traffic Act 1961 which does not help and also interestlingly seems each of your States put a different perspective on Traffic Law. Eg some ban use warning radar detecting devices, some don't. That which applies in one state may not elsewhere.
Hopefully a fellow Roo well versed in Traffic will read this and put us both right.
dvd
As an Oz you will be aware of the influence of Pom Law on your Country which follows mainly that decreed in this Cricket superior land (UK).
It follows that your Road Traffic Laws can follow that passed in UK where there is a requirement to serve a Notice of Intended Prosecution on the Reg Owner of driver if known within 14 days of certain alleged offences which include speeding and red light infringements. Failure to warn of this provision at the time verbally or by post debars prosecution. You will need to visit your local Library Law reference Section and puruse Traffic Acts etc. or speak to you local Police.
Having done a quick cull of the Web then would appear to be similar provisions and interestingly, it appears that for speeding owner liability can kick in in that a person denies being the culpit it then falls on the Keeper/Owner for the offence unless the contrary can be proved. (UK quake for the future). Have had a look at one of your your Road Traffic Act 1961 which does not help and also interestlingly seems each of your States put a different perspective on Traffic Law. Eg some ban use warning radar detecting devices, some don't. That which applies in one state may not elsewhere.
Hopefully a fellow Roo well versed in Traffic will read this and put us both right.
dvd
Yup das wright mein frend....
.....but not for the offence of speeding/red light offences but for failing to name a driver responsible.
What appears in Oz Law is that owner gets the punishment for the offence commited at the time. This is exactly what happens with unpaid parking fines here - not paid , owner held responsible.
The debate and before EUc Courts on whether naming driver and using that as evidence is an infringement on Human Rights if it was successfully argued it was so, would cause UK great problems. One way to resolve for NOIP offences would be Owner Liability same as parking. I don't see any other way.
dvd
.....but not for the offence of speeding/red light offences but for failing to name a driver responsible.
What appears in Oz Law is that owner gets the punishment for the offence commited at the time. This is exactly what happens with unpaid parking fines here - not paid , owner held responsible.
The debate and before EUc Courts on whether naming driver and using that as evidence is an infringement on Human Rights if it was successfully argued it was so, would cause UK great problems. One way to resolve for NOIP offences would be Owner Liability same as parking. I don't see any other way.
dvd
Last case I am aware of failed. The ratio of the case was that the punishment was not severe enough to warrant a breach of 6(2). Wonder what happens if it is a lose your license 3 points which you want to argue though..
What is the new case at the ECJ? Do you have a reference? Has the AG given an opinion?
What is the new case at the ECJ? Do you have a reference? Has the AG given an opinion?
Buffalo said:You live in Western Australia? Then it is best to consult West Australian legislation or your nearest Legal Aid office for this kind of information.
Can anyone tell me if there is a time limit in which australian police have to send out an FPN for camera (including traffic light cameras) offences..?
I believe in the UK it needs to be within 14 days. Does that hold true in Aus too..?
In West Australia, you have up to 28 days to pay a fine once an infringement notice has been served by police. For more information, see: www.police.wa.gov.au/Services/Traffic.asp?Infringements
In the matter of any time limits for the police to send you an infringement notice, I have not been able to find any clause in West Australian traffic legislation regarding a specified time after the date of alleged offence when police must serve an infringement notice.
However, in some other jurisdictions, such as the Australian Capital Territory, police must serve an infringement notice within 28 days of the date in which the alleged offence was committed.
Dwight VanDriver said:Traditionally, Imperial law was influential, but no longer so. Under the Statute of Westminster in 1931, the Imperial Parliament relinquished the power to legislate for the Commonwealth of Australia and also gave the Commonwealth the power to legislate contrary to Imperial Acts as a result of the provision that the Colonial Laws Validity Act 1865 (Imp) should no longer apply to the Commonwealth of Australia. In 1986, the Australia Acts 1986 (Cth) and (UK) repealed the Colonial Laws Validity Act to the effect that States can also legislate contrary to Imperial Acts. Also, laws passed in Imperial Britain did not all apply to Australia, as the application had to be made explicit or by necessary implication.
As an Oz you will be aware of the influence of Pom Law on your Country which follows mainly that decreed in this Cricket superior land (UK).
Source: C Turner, 2005, Australian Commercial Law 25th Ed., Lawbook Co., Sydney.
>> Edited by Jungles on Saturday 27th May 14:45
>> Edited by Jungles on Saturday 27th May 14:46
jasandjules said:
Last case I am aware of failed. The ratio of the case was that the punishment was not severe enough to warrant a breach of 6(2). Wonder what happens if it is a lose your license 3 points which you want to argue though..
What is the new case at the ECJ? Do you have a reference? Has the AG given an opinion?
As far as I aware still awaiting judgement in Sproutland and no doubt AG holding his breath...
....and wow a Student can own/drive a car like that you show in your profile. Where did I go wrong?. Am I paying too much tax to fund education?????
dvd
Dwight VanDriver said:
Last case I am aware of failed. The ratio of the case was that the punishment was not severe enough to warrant a breach of 6(2). Wonder what happens if it is a lose your license 3 points which you want to argue though..
What is the new case at the ECJ? Do you have a reference? Has the AG given an opinion?
As far as I aware still awaiting judgement in Sproutland and no doubt AG holding his breath...
....and wow a Student can own/drive a car like that you show in your profile. Where did I go wrong?. Am I paying too much tax to fund education?????
dvd
O'Halloran & Francis have both appealed to the ECHR re the right to silence - this is expected to be heard this year. An RCJ case (based on the admissability of S172 as evidence) has been delayed pending the ECHR decision.
The ECJ is a whole different ball game to the ECHR and (if successful) should make the AG crap himself if he looses.
At least thats my understanding of things...
Sean
Hmm... I do live in WA (Pommie out here working actually) and haven't found anything relating to time limits either, although i haven't been able to do a proper search in the library or anything (where do i look first??) as i work on site 9 days on 5 days off.
The traffic light offence (I'm not proud - but i think unjust nonetheless) was sent 6 weeks after the date roughly (occurred on 9th April, FPN dated 23rd May) so found it odd that they sent it to me after that..!? Still it would add $150 to their coffers so i guess they feel it worthy of a punt...
Cheers
>> Edited by Buffalo on Sunday 28th May 10:51
The traffic light offence (I'm not proud - but i think unjust nonetheless) was sent 6 weeks after the date roughly (occurred on 9th April, FPN dated 23rd May) so found it odd that they sent it to me after that..!? Still it would add $150 to their coffers so i guess they feel it worthy of a punt...
Cheers
>> Edited by Buffalo on Sunday 28th May 10:51
Buffalo said:Here: www.slp.wa.gov.au/statutes/swans.nsf The official list of WA legislation.
i haven't been able to do a proper search in the library or anything (where do i look first??)
Cheers
have had a look but i can't find anything that says about time limits (although i might print a few of the pictures regarding lane changing etc and hand them out to the shockingly bad perth drivers!
Speaking to a fellow pom working here, he got done for speeding from a camera 3months!!!
after the actual offence!
that's bonkers and doesn't look good for me!
have had a look but i can't find anything that says about time limits (although i might print a few of the pictures regarding lane changing etc and hand them out to the shockingly bad perth drivers!
Speaking to a fellow pom working here, he got done for speeding from a camera 3months!!!
after the actual offence! that's bonkers and doesn't look good for me!
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