Welcome to Just Commodores, a site specifically designed for all people who share the same passion as yourself.

New Posts Contact us

Just Commodores Forum Community

It takes just a moment to join our fantastic community

Register

Faulty Speedometers & the law

SV6_stormrider

New Member
Joined
May 10, 2005
Messages
17
Reaction score
0
Points
0
Age
46
Location
Ryde, NSW
Members Ride
'05 VZ SV6 M6 - Quicksilver
Hi
Does anyone know where you stand with the law (NSW) if you're pinged for speeding and your speedometer is faulty

I recently drove to melbourne & back and noticed that the tacho reading was a bit higher than usual for 110kph. I switched to the digital readout & found the analog was reading up to 20kph lower than the digital readout (see attached pics). I ended up using my GPS speed reading to make sure what I was seeing was right.

The car is now down at the local Holden dealer getting checked out

Hopefully I don't see any infringement notices coming through in the next couple of weeks.
 

Attachments

88GreenVN

Next Exit Left
Joined
Jun 12, 2006
Messages
6,795
Reaction score
133
Points
63
Age
57
Location
Surprise, Arizona
Members Ride
Dodge Ram Van 1500 5.2 V8
If you went through a radar and were over the limit => fine :(

It's up to as far as the law is concerned regarding accuracy. Lucky you may have found the issue before you got a fine (20k's out is a problem)
 

monaro327

New Member
Joined
Jun 4, 2004
Messages
794
Reaction score
4
Points
0
Age
35
Members Ride
VZ Skaife Senator & VY SS UTE
i believe this is a road worthyness issue hence your responsible.
 

ashbox

back in black
Joined
Apr 17, 2007
Messages
1,302
Reaction score
5
Points
0
Location
The Car
Members Ride
something black
that would just be a software issue wouldn't it?
 

Not_An_Abba_Fan

Exhaust Guru
Joined
Aug 18, 2006
Messages
14,419
Reaction score
951
Points
113
Location
Bunbury, WA
Members Ride
Strange Rover
It is the owner's responsibility to make sure their car was roadworthy.

Same as an exhaust. If it isn't quiet enough you will get pulled over, you can't use the excuse that it is faulty....
 

SV6_stormrider

New Member
Joined
May 10, 2005
Messages
17
Reaction score
0
Points
0
Age
46
Location
Ryde, NSW
Members Ride
'05 VZ SV6 M6 - Quicksilver
that would just be a software issue wouldn't it?
Well that's all they said they did when I got the car back today. Said it was out of date but they couldn't replicate the problem prior to that. If it happens again they said they'll just replace the whole instrument cluster.
 

davway

New Member
Joined
Nov 11, 2003
Messages
495
Reaction score
11
Points
0
Location
Warrnambool
Members Ride
WK LS1 Statesman
as above - its your responsibilty to make sure your car is rwc and your speedo is accurate.
you could try and write a letter and explain what happened if you get a fine, but dont expect them to care.
 

policehoon

New Member
Joined
Oct 31, 2008
Messages
46
Reaction score
0
Points
0
Members Ride
VZ EQUIPE
You can use the law "Mistake of fact" At the time of the offence you were using a device (speedo) to tell you how fast you were going.

You were using all the resources available to you at the time to gauge your speed. Your senses, your speedo and other vehicles travelling around you.

Now if your constantly overtaking other vehicles (and at 20 kilometres you would have) then you would have to question your speed.

Depending on your driving experiance, you can normally tell your speeding just by the feel of the vehicle moving.

You have noticed something wrong because of the tacho being higher, so you register that something is wrong.

You have put the vehicle into the repair shop to rectifiy the identified fault.

Now if you can justify your response to an infringement, given all the available resources at your disposal, then you will get off the infringement with "Mistake of fact"

But only if your justification is really good.

20 kilometres over, its going to be a real stretch.
 

thebulk

Member
Joined
Feb 9, 2008
Messages
59
Reaction score
0
Points
6
Location
Quoinsland
Members Ride
09 VE
I wouldn't show the judge the "115km/h" photo......... Don't think there are any roads in the eastern states that are over 110km/h
 

tigervh

SS.....smokin....!
Joined
Sep 9, 2005
Messages
229
Reaction score
2
Points
18
Location
Newcastle
Members Ride
Tiger Mica EFI VH, VZ SS, XC Barina SRI
You can use the law "Mistake of fact" At the time of the offence you were using a device (speedo) to tell you how fast you were going.

Now if you can justify your response to an infringement, given all the available resources at your disposal, then you will get off the infringement with "Mistake of fact"
What a load of crap! In NSW all traffic offences are strict liability meaning there is no mensrea component to them. Hence if you exceed the speed limit you are guilty of an offence, whether you knew you were doing it or not. You might get some leniency from the magistrate but you won't get off.

Even if he does go to court, whats he going to do? Subpeona the person who checked the speedo to give evidence that there was nothing wrong with it when he checked it!!!
 
Last edited:
Top