Yes officer ,I did exceed the speed limit by less than 13kph

[Noeleter]

not true.

if your speedo is tested to be inaccurate outside of the +/-10% then yes it comes back on you. But if it is within the 10% tolerance, that's where it ends.

the speedo fitted to the vehicle by the manufacturer, is approved by Australian Design Rules (referred to in legislation) as an approved speed measurement device. It is stamped in the vehicle compliance plate 'this vehicle complies with ADR 18'.

It is lawful for a motorist to use this ADR approved speedo to establish their road speed. The motorist is not obligated to use any additional method to establish their speed. If, on the other hand the motorist had used a GPS as evidence, it may or may not be accepted as a speed measuring device for the vehicle, because the device isn't an ADR 18 approved device.

If the speedo under ADR is given a tolerance, and the speedo accuracy is within that tolerance, then that speed tolerance cannot be contested. Because it is already permitted by law to be used by the motorist as a means of establishing their road speed.

Please advise what Act and section states this as I am unable to find it.

 

[Noeleter]

I'm not sure how it is in NZ, but in Australia, you might be surprised how easy it can be to get an incorrectly issued ticket withdrawn.
In this case, all you would have to do is write to prosecutions (usually there is an address to do so on the back of the infringement notice) stating your reasons as to why you believe your modification was lawful and any evidence they have used to arrive at their decision. If your modification was legit, 99% of the time the infringement will be withdrawn, without even going to court. All it costs you is a few minutes of your time, and a stamp.

Know a number of people in Aus and NZ who would disagree with this.

 

[Darren_L]

In SA that's not the case. If you get yellowed stickered for something like that, then you are required to pay and present your vehicle for complete inspection to have the sticker lifted. In my experience, it can lead to more stickers, rather than less..... guilty until proven innocent, and the copper doesn't have to 'know' any thing, just 'suspect' that you are non-compliant in someway, and then its your time & money to prove its okay.

but have you actually ever formally contested a yellow sticker/infringement notice ?
SA road usage legislation was based on Qld legislation (in fact it's word for word in some parts) so both states actually have very similar legislation

 

[Darren_L]

Please advise what Act and section states this as I am unable to find it.

TORUM Vehicle Standards & Safety
search for ADR and you'll find plenty of references as to it's application under TORUM legislation

 

[Darren_L]

Know a number of people in Aus and NZ who would disagree with this.

who are these people ?

 

[Noeleter]

TORUM Vehicle Standards & Safety
search for ADR and you'll find plenty of references as to it's application under TORUM legislation

Can you be more specific.

 

[Darren_L]

Can you be more specific.

Division 2 section 7 is a good starting point
then google ADR 18. Read section 18.5

 

[Noeleter]

Division 2 section 7 is a good starting point
then google ADR 18. Read section 18.5

The first is a definition of defective. The second details manufacturing accuracy of speedo. Now where is the defence against Section 20 of Road Rules.

 

[Darren_L]

ok I'm going to have to spell it out

VSS refers to the application of ADR's to vehicles

ADR 18 - stipulates that a vehicle must be fitted with a speedometer, which complies with the conditions of ADR18, including a tolerance of +/- 10%


Unless otherwise 'Approved', every vehicle shall be fitted with a
speedometer which shall
indicate the actual vehicle speed, for all speeds above 40 km/h, to an
accuracy of ± 10 percent

A vehicle built to comply with ADR18 must have a complying speedometer.

Section 20 of the road rules A driver must not drive at a speed over the speed limit

lets break that down to one of the significant elements of the offence - drive at a SPEED.
By what means is a vehicles road speed determined ?
There is no definition of 'speed' in the Road Rules Act dictionary. So lets go back to the TORUM Act - no definition of speed.
Macquarie Dictionary is the next approved definition. I haven't got access to that in my motel room tonight. But I doubt it is going to stipulate that a police speed detection device is the only means of measuring speed. A vehicle built in compliance with ADR rules includes a mandatory ADR compliant speedometer. ADR is part of common law. Which means an ADR compliant speedometer, fitted and operating in accordance to ADR specification is a legally accepted road speed measuring device - ADR stipulated tolerances included

Ok, might be easier putting it in a court room scenario
Let's say the speeding offence actually made it to court

Prosecutions states - 'your road speed was assessed at 105kph in a 100kph zone'
Defence states 'my client states his speedo indicated 100kph'
Prosecutions states - 'that might be, however the police officers speed detection device assessed your client's speed at 105kph'
Defence states - 'this is a 2000 model vehicle, fitted with the OEM speedometer, which complies with ADR18. This device is the only device provided by the manufacturer for determining road speed. ADR18 allows a +/-10% speed tolerance for this device. My client has stated that the speedometer was reading 100kph at the time of the alleged offence, so to the best of his knowledge he was travelling within the posted speed limit. According to the police officers speed detection report, he was indeed travelling at a speed that was within the acceptable tolerances as stated in ADR18 for that speedometer. Could you please suggest to the court what other means you would expect my client to have reasonably used, in determining his road speed apart from the manufacturers complying speedometer ?'


In fact, I suspect police would already take this into account when they consider issuing a speeding infringement. If the vehicle is pre- 07/06 they probably won't issue an infringement for less than 10% over.

End of the day take or leave it. You can choose to just roll over and accept a speeding ticket for a few kays over when driving a pre 07/06 vehicle, when your speedo indicated that you were travelling at or under the posted speed limit. Or for little to no cost, you can write a letter to the prosecutor stating your case and have a very good chance of the infringement being waived....

 

[Eevo]

In SA that's not the case. If you get yellowed stickered for something like that, then you are required to pay and present your vehicle for complete inspection to have the sticker lifted. In my experience, it can lead to more stickers, rather than less..... guilty until proven innocent, and the copper doesn't have to 'know' any thing, just 'suspect' that you are non-compliant in someway, and then its your time & money to prove its okay.

100% spot on