[VIC] Speeding Fine during Extended School Holidays

L[Deactivated] on 09/08/2020 - 09:36

Hi,
I received a speeding fine of $450 and 3 months licence cancelled since I am going 67km/h during school hours (8 to 9:30) speed of 40 km/h. Normal speed limit of that 3 lane road is 70km/h.
This happened on July 17th,which is actually a extended school holidays period due to lockdown.
I think as per the rules it's not school days because of extended school holidays until July 19th.

I can't request a review as the speed limit is above 25km/h. Do you think I should go to court ?
Please help !!!

Automotive

Comments

  • 87percent on 09/08/2020 - 09:38

    i would think if the sign says "40km" you go 40km

    • [Deactivated] on 09/08/2020 - 09:40
      +7

      But the sign says 40 only school days…

      • oscargamer on 09/08/2020 - 09:42

        And school days are published in the government gazette.

      • 87percent on 09/08/2020 - 09:44
        +3

        https://www.education.vic.gov.au/about/department/Pages/date…

        according to this, it was during Term 3… maybe speak to a lawyer and see what they say

      • whooah1979 on 09/08/2020 - 11:01
        +5

        This is why you should have this matter heard in court. A court date could take months because of the restrictions. You can in the meantime drive as usual.

      • Zachary on 11/08/2020 - 16:06

        did it specify what the days are for which are "school days"?

    • [Deactivated] on 09/08/2020 - 10:53

      I get what OP is saying. They know they've made and error but one that is purely technical.

  • Soluble on 09/08/2020 - 09:41

    Depends, was the school open for children? The only time my daughter hasn't been to school was the first term school holidays for the extended week. Her school still allowed essential workers to send their children the second time around

    • oscargamer on 09/08/2020 - 09:42
      -6

      Speed zones has nothing to do with whether a school is open or not.

    • JimmyF on 09/08/2020 - 10:58
      +2

      Depends, was the school open for children?

      Its not what the sign says, it says "School times"

      My local school is open every holidays as they run a holiday program and have kids onsite, BUT the speed signs are not enforced as its 'school holidays'.

  • oscargamer on 09/08/2020 - 09:41
    +2

    Lockdown has nothing to do with Gazetted school days.

    Pupil free days are also irrelevant. As are any other local days.

    The days that school speed zones are operating are published in the government gazette.

    Google it.

    • Plebo2000 on 09/08/2020 - 10:51
      +3

      I agree with Oscar's comments.

      Additionally, whilst you might think the school was closed or there were no students at school during this period, you will probably find the school was catering to some students whose parents were required to work in essential services industries as well teachers and other admin staff who might use the crossing. This would neutralise any argument you might have about it being safe to travel at this speed during this period.

      Apart from the monetary value of the fine, depending on how vital the suspension of your licence is to you, you may want to investigate getting some legal advice.

      A very good legal advice forum I have utilised in the past is www.trafficlaw.com.au administered by a Melb based barrister, you might want to check out the forum first.

    • [Deactivated] on 09/08/2020 - 10:59
      +6

      Having a reduced speed limit for a school that isn't operating is akin to having a lockdown in a place without COVID, just on a different scale of damage.

      Both are legally enforceable but it doesn't mean it is effective nor sensible.

  • websterp on 09/08/2020 - 09:47
    -4

    Member Since
    33 min ago

    Hope it was worth all the trouble you went to creating a new username since the responses you got probably wasn't what you were expecting.

    • MS Paint on 09/08/2020 - 09:52

      Literally takes 30 seconds to sign up

      • [Deactivated] on 09/08/2020 - 09:55

        I follow ozbargain.. and I think this is the best place to get help…hence signed up :)
        Thank you

  • whooah1979 on 09/08/2020 - 09:47

    Were the lights flashing?

    • [Deactivated] on 09/08/2020 - 09:50

      Sorry, didn't saw that…

      • MS Paint on 09/08/2020 - 09:57
        +15

        didn't saw that…

        Probably a good idea. Cutting a speed sign in half would be of no benefit to your predicament.

      • Godric on 09/08/2020 - 10:48
        +2

        You couldn't see it because you sped to fast by it?

    • oscargamer on 09/08/2020 - 09:51
      +1

      The lights have nothing to do with anything.

      A normal metal static sign doesn't have lights, but has the same legal effect as the variable signs.

      • whooah1979 on 09/08/2020 - 10:38
        +1

        Most busy school zones in NSW have lights flashing.

        OP may have this fine heard in court and they may win based on the circumstances.

      • Clear on 09/08/2020 - 11:17
        +2

        I have successfully contested a fine for the similar as OP. School was closed because of COVID, the 40 sign wasn't flashing and there were no metal signs about school zones. Thus the speed limit was 60 and I didn't break the law. Simple email to the police had that taken care of.

        • [Deactivated] on 09/08/2020 - 11:20

          @clear… could you please provide me the email address ?

          • Clear on 09/08/2020 - 11:22

            @[Deactivated]: State?

            • [Deactivated] on 09/08/2020 - 11:22

              @Clear: Victoria

              • Clear on 09/08/2020 - 11:23

                @[Deactivated]: I'm not in VIC and the email was on the fine.

                • [Deactivated] on 09/08/2020 - 11:24

                  @Clear: Thank you..I will check the fine and email them.

      • dizzle on 09/08/2020 - 11:56
        +1

        They're not essential, but on those signs with lights it is an indicator that school is "in" and that the times covered by the sign are in effect.

  • oscargamer on 09/08/2020 - 09:49
    -5

    $450 ….. You sure? That's not the right amount for 27k over

    • [Deactivated] on 09/08/2020 - 09:50

      Yes it's $454…

      • oscargamer on 09/08/2020 - 09:52
        -3

        That's better.

        You have 28 days to object, otherwise your licence is suspended, not cancelled.

        They only way to keep driving is to object.

        Your court appearance won't be until next year, so that gives you time to organise alternative arrangements.

        • MS Paint on 09/08/2020 - 09:53

          When $4 matters. Keeping the bastards honest. Cheers Oscar.

  • Hithere on 09/08/2020 - 10:36
    -1

    School zone 40km speed limits may be in effect during extended school holidays if there are any holiday programs being run that use school premises.

    When in doubt always drive at the lower posted speed limit, in this case 40km

    • JimmyF on 09/08/2020 - 10:59
      +2

      Its not what the sign says, it says "School times"

      My local school is open every holidays as they run a holiday program and have kids onsite, BUT the speed signs are not enforced as its 'school holidays'.

      • Jono05 on 09/08/2020 - 14:19
        -1

        What JimmyF said +1.

  • Euphemistic on 09/08/2020 - 10:37
    +2

    While it is clearly a school day based on it being a gazetted school day you may receive leniency if you take it to court, especially as you are under the normal limit.

  • JimmyF on 09/08/2020 - 11:00
    +8

    I don't disagree OP, I would write a letter saying the extended school holidays etc. But the issue is, it seems vicroads for example as its 'own' schedule for what it thinks school holidays are and clearly hasn't 'adjusted' to this fast moving covid world, where a extra week of school holidays was added on.

    I would write and say as per the media and school releases, school 'holidays' was extended, and as such the school speed zones shouldn't apply, as the school was on holidays and kids not present.

    https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…

  • [Deactivated] on 09/08/2020 - 12:41
    -2

    Easy win in court this one. If schools were closed.

    • RedFromBlue on 10/08/2020 - 09:00

      IF School was closed. My understanding is no schools were closed. If this is a secondary school, yrs 11 and 12 returned on the original dates, they did not received extended holidays so as not to negatively impact against regional VCE students not impacted by the extra week. If Primary school, the school was open to teachers to prepare for the remote learning planned for subsequent weeks, these schools were pupil free. If the sign says 40 on school days, that date was a school day.

      • [Deactivated] on 10/08/2020 - 12:10

        ok lol

  • Baysew on 09/08/2020 - 15:55

    How did you get caught? Camera or did Police issue the fine?

  • MontyMacaw on 10/08/2020 - 09:23
    +1

    Always write to the police and state your case. Make sure you do it in such a way that you do not admit to breaking the law or your future chances of beating it will be gone there and then. The police have discretion to waive a penalty if they think it appropriate. That should be your first course of action. A few crocodile tears never hurt as well if the punishment is a severe cost to you and your way of life along with your stellar driving record up to then along with the effect it will have on your insurance premiums.

    Sitting and waiting will only lock you into the consequences.

  • OzHunterNSW on 10/08/2020 - 09:59
    -5

    You should be immured.
    How can you possibly think you are an upstanding citizen of society when you are travelling at 67kph through a "School Zone"?

    You deserve to have you entire licence confiscated let alone a lousy 3 month suspension.

    Tell me… are you staying home…. are you wearing a mask? NO

  • Euphemistic on 11/08/2020 - 20:12

    This is why all school zones should have flashing lights that activate when the speed zone is active. If you aren’t working in a school or have school age kids it’s easy to mess up and cop a speeding fine when you thought you weren’t speeding.

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