Speed camera parked illegally, but fines will stand

http://www.geelongadvertiser.com.au/article/2012/05/25/328711_news.html

A SPEED camera operator will be slapped with a fine after parking illegally to catch speeding motorists in Belmont.

But despite doing the wrong thing, speeding fines will still be issued to anyone nabbed by the vehicle.

Ross Kroger snapped the snapper after coming across the vehicle in Roslyn Rd last week, parked so far out from the kerb it was blocking the bicycle lane.

An avid cyclist, Mr Kroger said the car's position would have forced riders to pedal into the path of vehicles on the busy road.

"Is the benefit of catching someone speeding worth the danger to a cyclist or even another car coming along?" he said.

Mr Kroger said he was "assisting the public and road safety" by stopping and taking photos of the vehicle.

Your Say
"Maybe if speed camera cars are allowed to park illegally, perhaps we should go around and place an A-Frame advertising board in front of them, joking, if you speed you deserve to get caught."
Rob

The photographs were referred by the Geelong Advertiser to the Victoria Police traffic camera office for review.

The office found the operator had parked the car out from the kerb to avoid reflections, which can distort speed camera results, but admitted the car contravened the road rules and issued a $73 parking infringement notice to the operator.

Anyone caught by the camera doing less than 10km/h over the speed limit can expect to be fined more than twice that amount.

Victoria Police senior media officer Catherine Allen said no speeding infringements issued by the speed camera would be withdrawn.

"The parking of the car was illegal but the actual set up of the physical camera was in accordance with the requirements," Ms Allen said.

Despite contravening Victoria Police's own policy and operations manual for mobile speed cameras, high-profile motor traffic law barrister Sean Hardy said it was not a defence to a speeding fine.

"The validity of the ticket doesn't hinge on the police doing everything correctly," he said.

Senior Sergeant Shane Coles of Geelong Highway Patrol admitted the camera operator was in the wrong.

"It looks a bit ordinary," he said.

Sen-Sgt Coles, who delegates where and when the camera cars operate, said officers underwent strict training procedures.

"We have set criteria in regards to how we operate the radar when you have reflective issues," he said.

"There's a guide they have to follow. They cannot shoot where there's a reflective background and if you have billboards, parked cars or mirrors, because it can distort the radar.

"The operator has to assess the site and a lot of sites have become unsuitable over the years because at times it (the radar) can give ghost readings.

"We've had situations where a car is clearly travelling at 60km/h but the radar clocks them at 120km/h because of the reflection."