Speeding Fine in School Zone (ACT) - Disputing

Splashtash on 16/08/2017 - 20:17

Hey guys,

I was just wondering your input as this is my first speeding fine and I want to dispute the fine.

In the photo listed below I was caught just a tad up the road past the school zone signs doing 52kph in a school period (40kph). After/before school hours/holidays its a 60 zone. I rarely drive in this area and didn't know about the school zone. I continued to drive below what I thought was the right speed limit of 60k's. When I turned into the street there was a 2 lane merge into 1. While we (the van/truck(van/truck being on the left side in front) and my car) were merging, the van/truck blocked my sight of the 40 sign as we merged(on the right there is no limit indicated) so I drove past thinking none the wiser. Because I turned into the street that was closest to the right sided sign that had no speed limit other then school crossing ahead it didnt help me feel I was in a school zone or that holidays were on and the signs were taken down.

I was thinking to dispute my case based on the fact that there was only one sign - on the left hand side of the road. My access got blocked and because no speed indicated on the right I shouldn't be liable? I believe they should have 2 40 signs on each side. I never speed in school zones period as its one of my main rules I follow but this caught me out of the blue. So… Thoughts? If anyone has had similar experiences. This was in the ACT by the way if that helps.
I don't want to just ask to get off with a withdrawal and still have a record if thats how it works as I wont get a discount when it comes to renew my license in the next few years…(I think if you have a perfect record come renewal time you get a discount) I'm here to save money so please help me with some good advice :) XD

https://files.ozbargain.com.au/upload/63252/51454/img_3176.j… At the time of the event I was coming from the right direction towards the school zone if looking at this first photo

https://files.ozbargain.com.au/upload/63252/51455/img_3177.j…

Automotive

Comments

  • spackbace on 16/08/2017 - 20:21
    +17

    Yellow sign on the right that says 'school' wasn't sufficient?

    Cmon, you got done speeding when you were speeding. Cop it on the chin and pay it.

    • sss333 on 16/08/2017 - 20:42
      +1

      The sign in the right doesn't have speed limit, some school zones in the ACT are 30, not all 40, also if the driver was from NSW they might not know school zone speed limits run all school day in the ACT.

      Not saying he will or should get off but signage in the ACT compared to surrounding NSW is poor.

    • Splashtash on 16/08/2017 - 22:32
      -1

      School holidays were listed the next week after I got fined and in the act when schools are on holidays they take the signs down. So Me seeing the school crossing ahead but no school speed sign I figure holidays…

      • spackbace on 16/08/2017 - 22:35
        +8

        Stop making excuses. Are you a grown adult?

      • spackbace on 17/08/2017 - 00:41

        Can you clarify this bit:

        While we (the van/truck(van/truck being on the left side in front) and my car) were merging, the van/truck blocked my sight of the 40 sign as we merged(on the right there is no limit indicated)

        Who ended up in front, you or the van? (coz if it was you, I'm not sure how he blocked the left as you would've been in front. If it was the van, he would've copped a speeding fine too)

        Were you the front 2 cars at the lights going into the school zone? Coz if you were it's pretty easy to see all the yellow signs alerting you to something

      • phocus on 17/08/2017 - 11:53

        Ignorantia juris non excusat - ignorance of law excuses no one

  • sss333 on 16/08/2017 - 20:39
    -2

    Tell it to Alistair Coe, he agrees with you on them being easy to miss
    http://www.canberratimes.com.au/act-news/act-liberals-promis…

  • djkelly69 on 16/08/2017 - 20:40
    +2

    So you just drove under the huge, orange pedestrian bridge which leads to the (massive) school, but didn't notice it there? Or the school signs, or the school crossing?

    Even if you could get out of it on a technicality due to say the sign not being there, I wouldn't support it.

  • airal3rt on 16/08/2017 - 20:48

    If you can't see those big luminescent yellow signs you shouldn't be on the road, period.

  • altomic on 16/08/2017 - 20:53
    +4

    "Your honour, please let off the fine. I was speeding in a designated school zone and didn't realise as I was not paying attention"

  • Tee Rex Arms on 16/08/2017 - 21:28
    +4

    Show some intestinal fortitude, accept responsibility for your actions - you sped through a clearly sign posted school zone, disobeyed road signs and markings and now expect to have the fine withdrawn for your own inability to maintain attention to your surroundings which would clearly indicate you're in the vicinity of a school.

  • foxmulder on 16/08/2017 - 21:32

    Just courieous how you get fine? Camera in the area? Police happen to be in the area?

    • Splashtash on 16/08/2017 - 22:38

      Speed van that I saw and didn't slow down cause There was no sign listing on the right for a limit. In streets that don't have signs in the act and Parts of nsw its expected you drive at 50kph.

      • pjcook on 17/08/2017 - 08:34
        +1

        Didn't you say you were driving at 52 kph? so regardless of your excuse you were still speeding at above 50k

        • Splashtash on 17/08/2017 - 18:12

          Yes- its a 60 zone if the signs are down in that area.

      • foxmulder on 18/08/2017 - 14:14

        Man, if police is monitoring those school zone all the time, I'm pretty sure they will have a field day. I notice many times people is ignoring the school zone speed limit.

  • Ryanek on 16/08/2017 - 21:37
    +1

    Sorry mate you have no chance. They do not give leniency to speeding in school zones, even those with clean records.

  • rompastompa on 16/08/2017 - 21:40
    +1

    I thought, by law, that they needed the speed sign on both sides of the road when there is a speed change, and single side when it's the normal speed. I haven't actually looked whether school zones have this, obviously not with the photos you took.

    Edit: See 2.2.1.2 (f ii) school zones: 2.2.3.4 School Zone Signs (For WA, may be different for ACT)
    https://www.mainroads.wa.gov.au/BuildingRoads/StandardsTechn…

    Troll: Were you operating a camera while driving?!?!

    • Splashtash on 16/08/2017 - 22:40

      I have a phone holder that sticks to the wind screen as well as a dash cam.

    • Splashtash on 16/08/2017 - 22:42

      Good info, thank you- I'll need to look into that :)

  • peterpeterpumpkin on 16/08/2017 - 23:14
    +1

    Where I live in Sydney all the school zones I know of are from 8 to 9.30 am and from 2.30 to 4 pm. Apparently elsewhere in NSW they have red/orange signs for non-standard school zone times. If I was driving through at 12 pm and didn't see the left-hand text I suppose I might make a false assumption - so thanks for the reminder to play it safe.

    I'm of a slightly different opinion to the masses here, more along the lines of "Won't somebody think of the children!?". I believe you didn't see the sign, whether due to not paying enough attention, visual obstruction or otherwise. An OzBargainer simply wouldn't take the risk. There's a reason flashing school zone lights were introduced and in my area school zones have been greatly modified in the past 10 years to increase visibility and communicate active hours.

    Even if hypothetically you were the top 1% of inattentive drivers the fact is that there's still 100,000s of people at the same level - and sadly millions more that microsleep everyday. If nobody admits their mistakes the government would think the current design is ideal, and that's not in the best interests of the children the laws are there to protect.

    And to make you feel better:
    (a) I generally have no idea when school is in and out of holidays,
    (b) Driving through a school zone with anywhere from 4.00 to 4:05 pm showing on my radio clock is an unnerving experience,
    (c) Driving through a school zone the day after a daylight savings time-shift is an unnerving experience,
    (d) I am so nervous about speeding (and distrustful of the car in front of me) that I focus more on my speedometer than escaping wild children,
    (e) I'm grateful for bumper to bumper traffic in the vicinity of speed cameras in general, but especially during active school zone hours,
    (f) I end up driving ~43 km/hr through a school zone on the Princes Hwy at 2 AM on a Sunday morning. And I don't know why I don't just stick to 40 km/hr if I'm so paranoid.

    • Splashtash on 16/08/2017 - 23:46
      -3

      Thank you for your comments- I too am scared I look at my speedo too often in school zones to ensure I'm not speeding but have less sight on the road.. . I also remember reading that parts of the act at some point had that many roads that contained changed speed limit signs - it was considered a danger. People would constantly be looking at the signs and then down at their speedos and then back at the new sign limit, recycle, repeat.
      I think regardless of the result I end up with ill do 40 in school zones now no matter what time/day/holiday it is.
      Costs too much time and money. But I want to find out if by law they need 2 signs on either side or not. If by law they don't I wouldn't mind trying to influence the government to implement it.

      Come to think about it… If I'm driving in the future during holiday period doing 40k in the 60k zone will that cause an accident or would I get pulled over by the cops for driving to slow.

  • [Deactivated] on 16/08/2017 - 23:31
    +2

    Another hero who believes they should get out of a speeding fine in a school zone.

    You know that 40 km/h limit. It is a limit. You can mindfully and happily coast through at 30km/h and provide more peace and safety to the children in the area.

    I don't care for children; though even I think the book should be thrown at people who speed through school zones.

  • Some Human on 17/08/2017 - 00:06

    Sounds like you were driving too close to the other car when you were merging. A safer distance when merging should have given you sufficient view of the sign.
    You are at fault, pay the fine.

    • Splashtash on 19/08/2017 - 08:38

      I thought about that but I think I wasnt, we were also travelling quite slow at the time I remember but yes it doesnt look good.

  • srhardy on 17/08/2017 - 08:19

    Easy to miss, over 60 almost certain you would on even a good day; alas the law doesn't care, cop the fine, loosing in court will only cost you more

  • iforgotmysocks on 17/08/2017 - 08:39
    +3

    "I was speeding and I want to dispute being fined for speeding"

    Lol

  • Aussie Smurfette on 17/08/2017 - 09:03

    You were caught speeding and there is no denying it, no excuse will change it and there is no point challenging it.

  • [Deactivated] on 17/08/2017 - 09:31
    +4

    Seriously you should dispute it. That way you'll also have to pay court costs.

  • farknos on 17/08/2017 - 09:33

    are you Y gen?

  • HeWhoKnows on 17/08/2017 - 10:42

    Its NOT a dispute as you are definitely guilty.
    However you could ask for leniency based on your clean history and the circumstances at hand. Dont forget to mention that you did not intentionally exceed the speed limit since you were not aware. Dont go into detail about just one sign as thats all there is most of the time. Be very humble and apologetic.
    GOOD LUCK!

    • Splashtash on 17/08/2017 - 17:25

      Short and concise is always good, humble and apologetic is one way to go. I wonder though "its not a dispute as you are definitely guilty" it appears so but im open to believe otherwise at this moment.

  • [Deactivated] on 17/08/2017 - 11:38

    The offence is 'speeding in a school zone during the designated hours'.
    It is not 'failing to comply with a 40kph sign'.

  • furys12 on 17/08/2017 - 12:38

    could you dispute it maaaaybe, a good lawyer could probably argue your points for good lawyer money, but if you go to court over it saying you saw the school sign but no speed limit sign below it so you just assumed the school zone wasn't in effect, the judge will make the assume dad joke, tell you its the drivers responsibility to know the situation before hand, aka knowing when school holidays are if you are going to be driving through a school zone, and tell you that you should have thought of the children and assumed it was in effect for safety.

    in essence your argument is that you saw a school zone but weren't specifically told to slow down so just barrelled through, it doesn't matter what you think it doesn't look good

    • Splashtash on 17/08/2017 - 17:22
      -1

      Good points made. thanks for your input

  • Architectonic on 18/08/2017 - 14:04

    You have zero chance of contesting this. The court can only dispute on a matter of law, not some vague technicality.

    • Splashtash on 19/08/2017 - 08:40

      Yes but if the law states you need 2 signs its part of that law otherwise im in the wrong and would ask to be let of as a good behavior thing. I still want to pursue them with 2 things - 1) flashing lights sounds like a good idea and 2) 2 signs on each side.

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