Some insight into current happenings with QLD roads and people fighting the fines.
Today, re-offending, failing to pay fines on time, seeking hardship mitigation – or occasionally even trying it on with a “Not Guilty” plea – are all grist for the mill of the no-nonsense magistrates and also for the steely-eyed young prosecutors from the Queensland Department of Transport and Main Roads.
During 2024, an increase in the numbers of those seeking to plead “not guilty” to charges of “not wearing a seat belt correctly”, following detection by new camera technology, meant for a time that a magistrate in Court Seven would provide an introductory preamble pointing out:
- laws of evidence have been changed regarding these types of offences…. these charges follow detection by cameras based on new automated technology that is very reliable and saves scarce resources (eg having to have a police officer show up to testify in court)…
- the presumption at law is that everything in the photo is evidence of what happened. . .
- devices are calibrated and in proper working order…
This is a clear message to those who are charged that the matter will be brought to swift, and almost certainly a less expensive conclusion if the charge is accepted and the fine paid (currently $1209 plus court costs). Indeed, if anyone would like to challenge the ‘accuracy’ of the cameras that produced the image, they must inform the prosecution by filling out an ‘intention to challenge or dispute’ form in advance of any court appearance. Challengers are then informed that fighting the charge in this way would also riskadditionalcosts of $8000 to $12,000 to bring to Queensland technical experts from Acusensus, the Melbourne company who ‘run’ the camera infringement system to justify the charge based on the photo.
Understandably, this disincentive to challenge has greatly reduced the numbers turning up in court, but not the number of disgruntled offenders.
(20min delay)