Challenging traffic or speeding fines are not easy. These are the things I learned.
There may be a defence that a traffic sign was not installed according to Manual of Uniform Traffic Control Device(MUTCD), which is a breach of s72A of Transport Operations (Road Use Management) Act 1995
The question is, will the effect of s72A of the act be that a speed limit sign will only be effective if it is installed in a way specified by the MUTCD?
The Queensland district court case of Crossley v Auld [2011], his honour raised this point even when it was not raised by the defendant. The answer to this question was not decided in that case.
But in the Queensland Supreme Court case of Martinsen v Favero [2005], while the defendant’s appeal was rejected, in that case, dissenting judge Justice Fryberg, indicated that, if the defendant were able to prove, failing to comply with 72A by not following MUTCD would be a point of sufficient importance to warrant the grant of leave to appeal.
Also it is important to remember to file notice to challenge according to s119 of TORUM Act.
Extremely hard to challenge relying on Mistake of Facts.
Need Legal Advice?
You may have arguable defence to challenge your fine but it might be best if you seek legal advice before that. This article contains only the crux, there are more important information you need to know if you proceed to challenge. Failing to prove your point in the court will result additional fines. Such as Offender Levy.
