Infringement Notice video timeline
Name of video
Loopholes in Speeding camera fine Administration
.
Why making this video
For 2 reasons
To show the loopholes in the administration of Queensland speeding fine administration
To make a online inquiry
The main loophole is the way the organizaion The Queensland Revenue Office handles online inquiries
Background History
Got my first camera speeding fine over 35 years ago
I thought it was unfair because under the impression innocent until proven guilty
Asked legal person who said sometimes law is reversed
looked up law at state library, in Victoria
discovered ther was provision for say did not no who driver was, but the notice made no mention of that.
took mater to court
Expained to Judge/Magistrate to lack of what was in the law on the notice
Judge/Magistrate agreed with me
but then said we will give you extra time to pay
he obvious did not want to let me off because it would set a precedent
Afterwoukds I thought that everyone should take the matter to court and it would overwhelm the court system, considering the number of people get such fines.
Current Situation
Fast forward to recent times
got infringement Notice
Notice wording on it that if you take it to court that ther will be extra costs.
show that on notice
carefully read it, and it's reference to legislation
it was confusing
basically only gave 3 options, pay fine, nominate someone else or have matter herd in court.
in the section re nominate someone else ther was wording about saying you do do not who driver was
show notice and read out wording
somthing about making an inquiry
I made an inquiry,it was multiple pages,so I put it on my website
show how I made inquiry
I immediately got a email responding including that the matter is on hold.
show the response
a few weeks later I got an email saying they did not have permission to read my website. I responded saying I give them permission.
multiple email about not accepting the inquiry as a web page. Not resolved,so I made another inquiry via ther website.
This is the first administrative hoop hole.
Second admin loophole
Revenue person watching this. This is my inquiry.
The first set of questions I asked in my inquiry was mainly to do with how I go about saying I do not no who was the driver of the car.
part of the response I got was this. read the email.
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Conclusion: Legislation said one thing, that a online declaration can be made, yet the government websites have no provision for doing so
3rd admin loophole
This one is partly administrative and partly legal.
A defence to a camera speeding fine is that you do not no who was driving the car at the time of the aledged offence.
To do so you have to have in place some way of noing who is driving the car
to do so you could have a log book or a box where whoever drives the car records that they do so
however as a owner of a car, although you have such a system in place, ther is no legal way you can enforce such a system.
if you no you were not driving the vehicle at the time of the offence and the records you ask others to complete show that no one else was driving the car at the time, you have met you legal obligations.
Interesting that in the definition of
a unknown user declaration are the words “ a corporation—the vehicle was not being used for
the corporation at the relevant time; and
(b) the person making the declaration has not been able to
find out who was in charge of the vehicle at the relevant time”
The consequence of reversing innocent until proven guilty
Because that the standard law of innocent until proven guilty is reversed with camera speeding fines a person who owns a car can pay a fine knowing they where not driving ther car at the time and not be contriving any laws. They may do so to save someone else from losing ther license because that person has to many demerit points. Yet a person that makes a false statement about who was driving a car is commiting pergery. That is illogical and a distortion of the legal system
Camera speeding fines are NOT saving lives
A Google search on Camera speeding fines are NOT saving lives bring up this:
Show it
With a link to this:
https://www.carexplore.com.au/how-qld-speed-cameras-dont-save-lives/
Show it
Read Conclusion
Queensland’s rising road toll, despite aggressive speed camera enforcement and high fines, highlights the limitations of relying solely on automated enforcement. As road deaths continue to rise, calls are growing for governments to take a broader, data-driven approach to road safety that includes infrastructure investment, driver education, and a more visible police presence.
Disclaimer
Disclaimer: This video is for informational purposes only and does not constitute legal or official government advice. Watchers are advised to consult official Queensland Government sources for the most accurate and up-to-date information regarding road rules, penalties, and enforcement policies