In other words, the police do not need to obey traffics laws, but only if they are exercising a power or performing a function as required. This means that the police are lawfully allowed to speed, drive through red lights and do other acts which would ordinarily be a traffic offence.
The police driver cannot exceed the speed limit or contravene road signs – no exemption should be permitted. Holders of a BASIC driving authority are allowed to drive police vehicles on enquiries only.
Speeding fines
You can be fined: 10 penalty units for driving less than 35 km/hour over the speed limit. 15 penalty units for driving at 35 km/hour or more but less than 45 km/hour over the speed limit. 20 penalty units for driving 45 km/hour or more over the speed limit.
Police cars
Officers spotting a speeding car might follow it, and using an in-car camera system, they are able to record your speed, then pull you over if you've exceeded the limit.
Yes. However, on the vast majority of cases, there is no obligation upon the Police to disclose evidence until the case gets to Court. That said, if you persevere, you should be able to obtain same from the Police on a voluntary basis.
There are Two Additional Theoretical Speeding Defences;
The first being that you were not driving the vehicle on a public road at the time of the alleged offence, the second that you were not driving a motor vehicle. Do you have any questions with regard to your specific offence?
The police will probably want you to give evidence in court to help settle the case. Don't feel pressured to do anything you don't want to - you should do what feels right. If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect.
In the eyes of the law, you're liable for a speeding fine as soon as you exceed the limit. So if you're doing 31mph in a 30 limit or 71mph on motorway, you're breaking the law.
If the police officer with the radar gun deems it safe enough to catch up to you and pull you over, then they will probably take this action and then issue a fixed penalty notice on the spot.
The technology is used by police in all Australian states and territories, although the number of vehicles with the cameras vary in each jurisdiction.
What is the 'rule'? The 'rule' itself is quite straightforward: if the speed limit is (for example) 30mph, the rule states that you won't get a speeding ticket unless you are going 10% plus 2 mph faster than the limit.
Let's start with the reality: even if you drive just 1 mph over the limit, you're still breaking the law. Speed limits are there for a reason, so don't ignore them! Furthermore, speed limits are just that—a limit, rather than a recommended speed.
When setting maximum speed limits, most states and territories in Australia follow the model national road rules. Under these rules: Posted speed limits are capped at 110km/h. Where there is a no speed limit posted, default speed limits are 50km/h in built-up areas, and 100km/h in rural areas.
This means that the police are lawfully allowed to speed, drive through red lights and do other acts which would ordinarily be a traffic offence. They can also use mobile phones while driving and not wear a seat-belt. Importantly, however, they can only drive like this if they are performing their duties.
This duty will see police officers travel at speed well in excess of the posted limits and officers need to be reminded that the maximum permissible speed allowed during an intercept is 140 km/h.
Officers are not always required to put their lights and sirens on when responding to a call. In some instances, putting them on tends to slow traffic down. When it is necessary to reach the destination as fast as possible, officers are allowed to disobey traffic laws.
Handheld speed guns use radar and laser technology to measure your speed, triggering the police to pull over a driver without the need to flash or take a photo.
If you are caught doing 40mph in a 30mph zone, this would be a band A offence. The fine for a band A speeding offence is 50% of the value of your weekly income. And in addition, you would receive three penalty points on your licence.
Ultimately, there's really only one way to tell whether you've been nabbed by a roadside speed camera, and that's the appearance of a fine notice in the post.
Most police forces have a tolerance of 10% plus 2 mph above the limit before a speed camera 'flashes'. So on a 30 mph road, a camera wouldn't normally activate unless a car drove past at 35 mph or faster.
Yes, you can potentially lose your license if you are found guilty of speeding. There are two ways this can happen. The first is if the penalty points you receive for speeding take your total to above 12 points over a period of three years.
If you want to appeal you have to go through the court, not the police. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. Failure to do this is an offence in itself.
The police (or other authorities) will generally need a warrant to search your device without your consent (except in certain exceptional circumstances). If police unlawfully search your mobile phone, any evidence recovered can potentially be suppressed, meaning it cannot be used as part of any prosecution against you.
It is not illegal to swear at police.
However, it is always better to try and remain as peaceful as possible during interactions with police.
You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.