Re: Speed Camera Fine/NSW-wrong Driver?HELP!

On Sun, 11 May 2008 18:06:57 +1000d, Kwyjibo Blathered on
inbc-dncZjW7m5NLvVnZ2dnUVZ_sTinZ2d@[EMAIL PROTECTED]
> "Noddy" <me@[EMAIL PROTECTED]
> wrote in message
> news:4826a80d$0$88993$c30e37c6@[EMAIL PROTECTED]
>>
>> "Toby Ponsenby" <me@[EMAIL PROTECTED]
> wrote in message
>> news:g0665m$1bj$2@[EMAIL PROTECTED]
>>
>>> Interesting thought - and that's defo the way it should be. But you
>>> forget the disgusting legislation's role in all of this.
>>
>> There's no problem.
>>
>> The camera detects the offending vehicle, and the infringement is aimed
>> at the *driver*. If said owner was not the driver all he has to do is
>> name the responsible party or prove it wasn't him,
> 
> The driver actually doesn't have to prove anything. The onus is on the
> police to prove it *was* him, not the other way around.
> 
> Ponsenby has lost the plot.

Not a chance.
The legislation says quite clearly that if you -that is, the owner of the 
vehicle allegedly doing something illegal - in this case exceeding a 
stupid arbitrary speed limit - were (not) piloting the vehicle at the 
time and place of the alleged offence - then You (that is, the owner of 
the vehicle allegedly doing something illegal - in this case exceeding a 
stupid arbitrary speed limit - are to provide sufficient detail for the 
the State to find and breach whoever was driving the vehicle at the afore-
mentioned time and place. 
Is that clear, K?
In the event that you can't manage to serve up an offender on a spit, 
roasted with an apple in it's mouth, then You, the owner of the vehicle 
allegedly doing something illegal - in this case exceeding a stupid 
arbitrary speed limit have to pay the fine, or contest it.
THAT'S WHAT THE DISGUSTING LEGISLATION REQUIRES. 
The police get to prove nothing whatsoever at that point and I dare say 
wouldn't be able to prove anything at all about the occupant of the 
vehicle even at court in most if not all situations.
 
Also, it's different for Companies. They simply pay a (much) higher fine 
if they fail to oblige the State by supplying details of a driver of 
their vehicle it is as if it a worse crime to drive a company vehicle in 
excess of a stupid arbitrary speed limit.


>> and it's pretty easy to prove you were out of the country.
> 
> Yep.

And then he gets to pay for the offence anyway.

THAT'S WHAT THE DISGUSTING LEGISLATION REQUIRES.

Don't worry, k. I'm *right-on-message/plot* here.


It is you who needs to do some reading of the legislation.
Best get to it.




-- 
Toby