Whats the law regarding quick acceleration on the street?

[Brazen]

Originally Posted by Jim Goose

Can you show me where this is written....?

I think from memory AS.2898.1 and AS.2898.2. I dont have AS standards login from my home computer.


Edit: Found a link, better than nothing http://www.racq.com.au/about_us/comm...ht_enforcement

[Brazen]

Originally Posted by blownv8au

If this was correct you would be through a school zone before you had to slow down for it

This is only relating to speed enforcement, you still have a responsibility to drive with due care and attention. The location of school zone signs would take into account the standards anyway.

[Brazen]

Originally Posted by Tobey

Road Rules 2008, S.20

20 Obeying the speed limit

A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.

Penalty and disqualification: a driver who contravenes this rule is guilty of an offence and is liable to a maximum penalty and a period of disqualification (if any) determined in accordance with rule 10-2.
The rules about speed limits are as follows:
• rule 21-speed limit where a speed limit sign applies
• rule 21-1-NSW rule: school bus stop zone sign is speed limit sign
• rule 22-speed limit in a speed limited area
• rule 23-speed limit in a school zone
• rule 24-speed limit in a shared zone
• rule 24-1-NSW rule: speed limits for learner and provisional licence holders
• rule 24-2-NSW rule: speed limit on Lord Howe Island
• rule 24-3-NSW rule: speed limit when bus displaying when lights flash speed limit sign
• rule 24-4-NSW rule: speed limits for small motor bikes during periods of darkness
• rule 25-speed limit elsewhere.


Good luck fighting it in court. It's pretty black and white.

to be honest, if police have not followed AS then personally I think any speeding ticket would be thrown out of court. The standards are there for a reason and are referenced in traffic offence legislation, to ensure that enforcement is carried out correctly. the calibration and location of speed enforcement equipment is very clearly spelled out in AS. It is also a safety thing too, you dont want people slamming on their brakes as soon as they enter a new speed zone. Likewise standards go some way of preventing the abuse of speed zone changes.

[Jim Goose]

I do recall a few years ago QLD Police had said they wouldnt be able to enforce any speed changes at school zones (this is when they first came out) as the zones were too short for them to operate their radar equipment.

The solution was to make the zones longer!....

So yes finding the standard would be interesting to read.

[Brazen]

Originally Posted by Jim Goose

I do recall a few years ago QLD Police had said they wouldnt be able to enforce any speed changes at school zones (this is when they first came out) as the zones were too short for them to operate their radar equipment.

The solution was to make the zones longer!....

So yes finding the standard would be interesting to read.

Yeah that sounds right.

[Serial_Fool]

The law at present puts too much in the hands of the officer. Have clearly worded laws or don't have them at all.

[pottery beige]

Originally Posted by Serial_Fool

The law at present puts too much in the hands of the officer. Have clearly worded laws or don't have them at all.

policemans have incredible powers of discretion............

[Tobey]

Originally Posted by Brazen

to be honest, if police have not followed AS then personally I think any speeding ticket would be thrown out of court. The standards are there for a reason and are referenced in traffic offence legislation, to ensure that enforcement is carried out correctly. the calibration and location of speed enforcement equipment is very clearly spelled out in AS. It is also a safety thing too, you dont want people slamming on their brakes as soon as they enter a new speed zone. Likewise standards go some way of preventing the abuse of speed zone changes.

Australian standards arent written into legislation, they can only really be used in case law.

Would be interesting to see if there are any cases that have used this standard to fight the offence...

At the end of the day, 300m is a lot more distance than is needed to safely slow down and I doubt that a magistrate is going to be so lenient, when legislation clearly says "you cant speed".

[Tobey]

Originally Posted by pottery beige

policemans have incredible powers of discretion............

They do, but at the end of the day, if they **** up its on them, and they can/will face criminal charges...

[Brazen]

Originally Posted by Tobey

Australian standards arent written into legislation, they can only really be used in case law.

Would be interesting to see if there are any cases that have used this standard to fight the offence...

At the end of the day, 300m is a lot more distance than is needed to safely slow down and I doubt that a magistrate is going to be so lenient, when legislation clearly says "you cant speed".

The standards are references in legislation

http://www.legislation.nsw.gov.au/se...r/2008-526.pdf

it doesnt matter if 300m is long enough to slow down, the assumption is that 300m is required to meet the next speed zone change. It's hardly dangerous, as the speed limit change would take into account the 300m anyway.

I also think a court would be very very hesitant to go against the standards referenced in legislation as courts do not like the idea of police making up protocols or procedures on the fly. There are very strict rules on calibration, setup, procedures in law enforcement that courts are very rigid to adhere to.