Instructions for Speed Camera/Radar Infringement Notices

More and more people are becoming victims of those revenue raising devices that have become a cash bonanza for the State Government. Whilst most would agree that dangerous behavior on our roads is unacceptable for our community, there exists a perception in the minds of the public at large that speed cameras and radar guns are more about raising revenue than about road safety. Those who would see this approach to thwart infringement notices and fines as a somehow morally wrong course of action, are asked to consider the following points:
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All law enforcement agencies in the State of Victoria must comply with all of the laws of the Commonwealth. The Commonwealth Constitution states in Covering Clause 5, ‘This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State.’ Section 109 of the Commonwealth Constitution says, ‘When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.’ The Commonwealth Act for regulating and enforcing compliance with respect to legal metrology is the National Measurements Act 1960 (Cwth). Legal metrology is defined as taking measurements for ‘any legal purpose’. To date, speed cameras and radars do not conform to the National Measurements Act 1960 (Section 10) in respect of calibration, testing or pattern approval. Victoria Police refer to Section 83 of the Road Safety Act 1986 (Vic) when questioned about testing and calibration of the speed detection devices. The Section refers to the device being tested or sealed in the prescribed manner. The Royal Melbourne Institute of Technology is the testing body in respect of these devices for Victoria Police. The RMIT are not an accredited testing authority in accordance with the National Measurements Act 1960 (Cwth). If the Victoria Police is acting within the law in regard to their operation of speed cameras and radars, they should be able to easily verify their claim and produce documentary evidence to substantiate that claim. If the Victoria Police is not operating within the law in regard to their operation of speed cameras and radars, then they are perpetrating a fraud upon the people of Victoria on a massive scale.

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Instructions for Speed Camera/Radar Infringement Notices

10. It

is reasonable to request that anyone who makes a claim on you that involves a fine or forfeiture, verify that they have a lawful right to make the claim by producing appropriate proof of claim, usually by sworn affidavit and supporting documentation. is not reasonable that anyone, upon asked for proof of claim, should refuse or ignore such a request, and continue to demand compliance with their unsubstantiated claim. To attempt to do so offends all basic principles of equity and fairness.

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The response letters accompanying this letter are designed to assist you to require those who would come at you with a claim requiring a fine or forfeiture from you, to provide specific proof of claim. It follows that if the claimant is unable to provide any proof of claim that they are acting in accordance with the laws of the Commonwealth, then they are in agreement with the reasonable terms and conditions placed before them. The default to your request is acquiescence. Webster’s Dictionary defines acquiescence thus: to accede, agree, consent, submit, yield, comply, concur, and conform. We do not offer a bullet proof guarantee that you will walk away every time unscathed. Much depends on how you handle each individual set of circumstances. There is a maxim of law that says that he who leaves the battlefield first loses. In many cases we are finding that those who bring these infringements are choosing to leave the field of battle when up against the task of proving their claim.

First Letter – Conditional Acceptance
Remember that it is important to respond to their demands/notices in a timely manner. The first letter that your send back in response makes a point of not entering into argument. The claimant may prefer to get you into court to argue your case before a magistrate. You are not seeking to get into argument here, or to go into court. What you are doing is conditionally accepting their claim in relation to the infringement notice. The condition upon which you will accept the claim and pay the fine is their verification or proof of claim. It is your right to ask for it. It is their reasonable duty to provide it.
Fill in the fields with your details

Fill out the blue and red fields with your own details and those of the officer making the claim. If your Notice has come from a collection agency such as Civic Compliance Victoria, then insert their details as well. You may need to find the postal address of the place of work of the sender, e.g. Smithville Traffic Management Unit, 1 Copper Street, Smithville VIC 3333. Click on ‘Edit’, and then from the scroll down menu click on ‘Select All’; then click on the ‘Font Colour’ button on your toolbar at the top of the

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Instructions for Speed Camera/Radar Infringement Notices

screen and select ‘Automatic’ to change all the text to black. Don’t forget to save your copy to your hard drive and then print out your letter. Make three Copies of your signed letter and send the original by Registered mail with a return signed receipt slip attached to the envelope (ask your post office).

Possible Responses & Actions You Should Take
If you receive a phone call Some people have received phone calls from Victoria Police after sending the first letter. Be courteous but firm in advising the caller that you will respond to any enquiry they may have in writing. Ask them to please put their question in writing and mail it to you. Do not enter into any verbal discussion about the matter, or attempt to tell the Police that they are acting unlawfully etc. It is important to avoid the temptation to make your point or get into argument. That may negate everything you have done and you could end up in court wondering what happened. If you receive another notice You may receive another notice or warning whilst you are waiting for the 28 days to elapse. This may be from another agency, like Civic Compliance Victoria or the Perin Court. Send them a copy of the Conditional Acceptance Letter with a note saying that you are waiting on proof of claim so that you may proceed and pay the fine.

Clarification Letter
You may receive a letter stating that a review has been undertaken and containing statements such as:
I am satisfied that the alleged offence was committed and the issue of the notice was justified therefore my interference in this matter is not warranted. If you disagree with the decision, you may contest it in a magistrate's court Under the Infringements Act 2006 you are not entitled to make any further applications for internal review of this infringement notice.

If this is the case, then your first letter has been misunderstood and you should write back, pointing out that they have not addressed your first letter correctly. Use this letter template and:
fill

out the blue and red fields with your own details and those of the officer who wrote to you
attach

a copy of your first letter.

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Instructions for Speed Camera/Radar Infringement Notices

Make three Copies of your signed letter and send the original by Registered mail with a return signed receipt slip attached to the envelope (ask your post office).

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Instructions for Speed Camera/Radar Infringement Notices

Second Letter – Default Notice
After 28 days have elapsed, fill out the coloured fields in the Default Notice with the appropriate details, have the letter witnessed by a Justice of the Peace, make three copies and send the original signed and witnessed copy by registered mail as you did with the first letter. You will notice that the last paragraph of the Notice says; ‘Wherefore I now, in the presence of a Justice of the Peace, acknowledge and accept the default by Senior Constable Iva Gunn and VICTORIA POLICE as agreement, settlement and closure between the parties.’ Remember that the only way that the Police Officer and Victoria Police can not enter into this agreement with you is by supplying the sworn affidavit and document/s supporting their claim within the 28 day time period. To acquiesce is to accept.

Third Letter – Notice of Private Settlement Agreement
You will notice that this Notice is addressed to the claimant together with other relevant parties. Fill in the address field of the court nearest you. Have two people witness your Notice. Make three copies. This Notice and copies of the first two letters are now sent to the claimant and to any other relevant entities (Police Commissioner, Police Ombudsman etc.) to establish witnesses to the Private Settlement Agreement. They now become witness to the private settlement. An extra optional action that you may take is to have your Notice of Private Settlement Agreement published in a newspaper. This certainly puts the Notice plainly in the public domain. You now have established an un-rebuttable paper trail that is a matter of public record. In all likelihood, the infringement will be dropped and the matter will quietly fizzle away. If however, you do find a claimant game enough to summons you to court, you have a head start that will place you at a tremendous advantage. Handled correctly, the charge would most likely be quickly dismissed. What we have here is a first line of defence in these letters that may prevent you having to go to court. If you did happen to go to court, you have documentary evidence, on the public record, un-rebutted, of the default by the claimant. Behind that is the vast wall of factual evidence that can be used to defeat the claim that Victoria Police are acting in accordance with all of the laws of the Commonwealth in respect of speed detection devices.
Further assistance

For further assistance send an email to speedcamerakit@yahoo.com.au
Disclaimer:

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Instructions for Speed Camera/Radar Infringement Notices

This letter is not intended to constitute legal advice. Individual circumstances may vary and require specific legal advice from a qualified legal practitioner.

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