A BRISBANE company has failed to convince a judge to overturn a speeding conviction imposed by a magistrate after a company vehicle was caught by a speed camera travelling at 111kmh in a 100kmh zone.
The court was told the company vehicle’s driver, a man referred to only as Mr Dickman, had "unblemished traffic histories'' and did no dispute the fact he had been speeding.
Mr Dickman, appearing for the company, argued a system which did not allow for a drive with a good driving history, not excessively speeding, to be issued with a warning rather than a fine was inconsistent with provisions of the Legislative Standards Act 1992 and “Transport Operations (Road Use Management) Act 1995.
"Mr Dickman (submitted) that a driver with a good driving history deserves, for a first offence such as (his), a warning rather than a fine,'' Judge Wall said.
"(But) Mr Dickman conceded ... that the system of fines for drivers committing traffic offences is not a system which is inconsistent with or contrary to the objectives and guidelines of the Act.''
"I don't have power to insert penalties into the legislation, even if I thought they may also be consistent with the objectives and guidelines.
"The fact of the matter is I don't have the power to insert such provisions into the legislation and nor does the magistrate.” Read more...
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