Speeding ticket for doing between 104-110km. Could you get off on a technicality?

Forums › Off topic › Speeding ticket for doing between 104-110km. Could you get off on a technicality?

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#975871 28-Jan-2014 13:50

gished: So I was one of the lucky ones who got a speeding ticket over the holidays doing between 104 and 110 km/h (106 to be exact)

Start off by asking to see their calibration records for the device they were using. But then if its a $30 fine just pay the thing, its not worth the effort. It sounds like you were speeding anyway.

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#975872 28-Jan-2014 13:51

TimA:
DravidDavid:
TimA: Yeah, Sucks aye, My speedo was wrong. Reads 100 when doing 160 actual speed :/

What the!? That is quite an inconsistent reading! Are you running factory or after market tyres?

I can swap it between Mph and Kph.

Hehe yeah, I use to joke to my friends about doing 60 all the time on the motorway in my Datsun which was MPH.....

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BruceHamilton

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#975879 28-Jan-2014 14:01

If you really want to get off it, perhaps because your points exceed 100, or your insurance company is going to penalise you ( most require notification of any speeding tickets at the next policy renewal ), then there are expensive lawyers available who will go over the whole process looking for technicalities.

The car's owner is responsible for ensure the speedometer remains within vehicle manufacturer's tolerance and indicates correctly if the wheel/tire combinations change. IF you aren't the owner and can independently prove there is an under-reporting error that you weren't aware of, you might have a chance. The calibration tests will be expensive.

$30 is really a cheap lesson.

ajobbins

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#975881 28-Jan-2014 14:03

Speedo in my car is highly accurate. So accurate in fact (compared to GPS) that they computer actually artificially wipes 2km/h off the displayed speed. If I read the speed directly via ODB-II, its accurate to <1km/h of the GPS reading.

However, if you have changed the wheel size on your car from what it came out of the factory with, the speedo will be off. If you put on bigger wheels, the speed displayed will be lower than it should be. An old car of mine that had 15" wheels from the factory but has since had 17" mags fitted would read lower than the true/GPS measured speed by a few km/h

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scuwp

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#975892 28-Jan-2014 14:07

Sorry, but I am firmly in the hard luck...just pay the fine camp.

Is there a chance to get off on a technicality? well, yes if you can get the evidence. Time and cost will make it hugely uneconomic however.

You don't say if you were stopped or this was a speed camera. Speed camera offences don't have demerit points (yet!)

Lazy is such an ugly word, I prefer to call it selective participation

davisg

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#975893 28-Jan-2014 14:07

You have my sympathy. I received a Speed cam ticket for 56km/h in Auckland but I was in Spain at the time and I had sold the car in question 2 months earlier. And I have the printout from LTSA confirming change of ownership 8 weeks before the ticket was issued.
Only $30 fine and I have already spent more than that trying to get the Police error fixed...

ajobbins

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#975895 28-Jan-2014 14:11

Also, be thankful in NZ that a fine for doing less than 10kmh over the limit is only $30 :)

My last ticket here in Melbourne was for doing 67 in a 60 zone. Was something like $172

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#975896 28-Jan-2014 14:12

davisg: You have my sympathy. I received a Speed cam ticket for 56km/h in Auckland but I was in Spain at the time and I had sold the car in question 2 months earlier. And I have the printout from LTSA confirming change of ownership 8 weeks before the ticket was issued.
Only $30 fine and I have already spent more than that trying to get the Police error fixed...

Registration information comes from NZTA, they're the ones who haven't processed the change correctly.

Gilco2

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#975901 28-Jan-2014 14:15

andrewNZ: My understanding is that a speedo is allowed to read 10% high (says 100 but you're travelling slower) but it absolutely must not read low.

In my experience, most modern cars read 5-10km/h high so there's a good chance you thought you were doing 110 anyway.

yes thats exactly correct. Manufacturers have had to make speedos read high. The odo is normally fairly accurate though. If the speedo reads slower than actual speed then the speedo has been altered in some way. Either after sales computer reprogramming or incorrect wheels tyres added or gearbox/diff swapped without changing speedo drive/sensor.
So there is no legal excuse for speedo being inaccurate in NZ.

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#975912 28-Jan-2014 14:24

Haha, I wondered about this too... the idiots who thought this up must have known many (especially older) speedos would not have this accuracy and a driver could inadvertently be over the limit. So the bottom line is its revenue gathering under the guide of road safety.

Of course the drive should be excused, if only for the first time.

mattwnz

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#975914 28-Jan-2014 14:28

Just think of the fine as a donation to NZs health and school system.

But you were speeding, and you are responsible for the maintenance of your vehicle However many speedos on new cars have been shown to be incorrect too, and it is probably not that easy to get a 100% accurate speedo.

nakedmolerat

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#975923 28-Jan-2014 14:44

This is the way how I see it, you pay for being convenience (ie going fast).

Geektastic

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#975945 28-Jan-2014 14:54

gished: So I was one of the lucky ones who got a speeding ticket over the holidays doing between 104 and 110 km/h (106 to be exact)

Does anyone know if you could get off on the technicality that your cars speedo was incorrect? IIRC the speedo only needs to be within 10% to be certifiable for NZ roads (and hence why the previous speed limit thresholds were what they were). This also doesn't take into account tire pressure wear or size impacting on accuracy.

Obviously I'm going to pay up the $30 fine and whatnot, but thought it'd be interesting to hear if this is something someone could pursue if they had spare time on their hands.

If you could, it would be widespread knowledge..!

My advice is stick to the limit as written on your speedo and as set by the law.....

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#975948 28-Jan-2014 14:57

ajobbins: Also, be thankful in NZ that a fine for doing less than 10kmh over the limit is only $30 :)

My last ticket here in Melbourne was for doing 67 in a 60 zone. Was something like $172

It's far too low to be a deterrent here. In one of the Scandinavian countries (Sweden I think) the fines are proportionate to your income if you end up in court - some millionaire was fined over $100,000 for speeding there IIRC!

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#975957 28-Jan-2014 14:58

Gilco2:
andrewNZ: My understanding is that a speedo is allowed to read 10% high (says 100 but you're travelling slower) but it absolutely must not read low.

In my experience, most modern cars read 5-10km/h high so there's a good chance you thought you were doing 110 anyway.
yes thats exactly correct. Manufacturers have had to make speedos read high. The odo is normally fairly accurate though. If the speedo reads slower than actual speed then the speedo has been altered in some way. Either after sales computer reprogramming or incorrect wheels tyres added or gearbox/diff swapped without changing speedo drive/sensor.
So there is no legal excuse for speedo being inaccurate in NZ.

I don't know how accurate GPS displayed speed is, but 100 on my speedo is 94 on the GPS. I rely on the speedo, however, and drive at precisely 100 or slower.

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