Navigating the intricacies of road rules and fines can be daunting, but for one savvy driver in Victoria, a little-known loophole proved to be a saving grace.

The motorist in question managed to avoid a $247 fine after being caught on camera speeding, and their story has sparked a conversation about the flexibility of road rules and the possibility of leniency under certain conditions.

The driver's experience illuminates a provision in Victoria's road rules allowing police discretion in issuing fines.

According to a Victoria Police spokesperson, any speeding fine handed out by officers on the road can be contested.

Victoria Police can waive speeding fines and issue warnings based on the situation and driver’s record. Credit: Shutterstock and Reddit

However, many drivers may need to realise that, upon review, the police have the authority to withdraw an infringement notice and replace it with an official warning.

Police consider several factors before deciding to waive a fine, including the circumstances surrounding the offence, the time it occurred, prevailing weather conditions, traffic density, and the type of road or land where the speeding occurred.

This leniency is reserved for those with a clean slate—only drivers who have not received any other speeding infringements, safety-related infringements, or official warnings in the past two years are eligible.

Furthermore, to be considered for this reprieve, they must meet the criteria for a 'good driving record'.

The fortunate driver took to social media to share their story, reminding fellow Victorians of this little-known detail after they were caught travelling less than 10km/h above the speed limit.

They appealed the fine based on the state's 'official warning' rule, and to their relief, the infringement notice was withdrawn in favour of an official warning.

'For those who may not be aware, in certain situations, you can have a speeding fine waived by VicPol,' the driver wrote.

'Doing this saved me over $247 and a demerit point waived.'

This revelation surprised many, and some expressed regret for not knowing about the rule when they received their fines.

‘Should have done that for mine on Christmas Day 2020 when I was 4km/h over and hadn't received a speeding fine since 2005 at the time,’ one wrote.

‘S***, I didn’t know this, and they got me 3kms over two years ago,’ another commented.

It's important to note that this 'official warning' rule varies across Australia.

In New South Wales, for instance, drivers with more than ten years of a clear driving record may be eligible for a caution for certain offences.

NSW Police issued a notice in the mail, which is distinct from a fine.

Unfortunately for Queenslanders, a spokesperson for the Queensland Police Service confirmed that such leniency is 'not a thing up in Queensland.'

In other news, a driver in New South Wales was fined $2,764 and suspended his licence for six months after being caught speeding 55 km/h over the limit.

The driver explained that he was rushing because he urgently needed to use the restroom. You can read more about it here.

Key Takeaways

• Victoria Police can waive speeding fines and issue official warnings under certain conditions, considering factors like the specific circumstances and the driver's record.
• Only drivers with no other speeding or safety-related infringements in the past two years will be considered for the waiver.
• A driver highlighted the little-known road rule allowing fines to be waived on social media, potentially saving them money and demerit points.
• Different Australian states have varying rules regarding waiving speeding fines, with some, like New South Wales, offering cautions and others, like Queensland, not offering such leniency.

Have you ever successfully contested a speeding fine, or do you have any tips for dealing with traffic infringements? Share your experiences and advice in the comments below.

 

[CliffE]

Unfortunately for Queenslanders, a spokesperson for the Queensland Police Service confirmed that such leniency is 'not a thing up in Queensland.'
That's because there aren't enough cameras or cops around to catch you, when they do they're really pissed off because they had to work hard to get you. in the first place.

 

[Furbaby]

We had moved from a small village into a rural city in NSW and had an alarm set on our house in the village when it went off. Thinking the worse, I drove out to the house 30 mins away and was 8 kms over the speed limit when I met an oncoming cop. It was not a good section to pull over so said our house alarm was going off, so he said he will follow me. I was put on breathalyser and fine but still gave me the ticket. Once I received the ticket in the mail I wrote to them and stated I had never had any speeding tickets in my life along with any other fines in my 40 years of driving and was on my way out to a house we had for sale as the alarm was going off. I received a reply back saying I no longer have to pay the fine and no demerit points were deducted.

 

[Colette 3799]

My husband got a speeding fine, the only one he’s ever had. He wrote a letter and they canceled the fine. We all joked that he was more likely to get a fine for loitering than speeding lol

 

[Placid]

Coincidental that this story is posted today. I'm in Victoria and my friend just rang me yesterday to tell me he had received his official police warning and the fine had been dismissed.
He had been pinged at 108, and they always allow 3 kmh for adjustment. So he had been booked for doing 105.
When he received the fine notice, he naturally told me because myself and two other mates had been in the car with him, returning from a leisurely lunch at Baxter.
I had a letter in my computer that I had used for other friends and relatives. I changed the names and other necessary details, got him to sign it and we posted it off. Two weeks later, he received a letter telling him not to pay the fine when due, as the matter was being reviewed. Then, yesterday, he received the news of the dismissal of the fine and the police warning.
The get-out is that you need to be doing less than 110, you haven't been fined in the last 2 years, and that you appear repentant.
We're not tear-asses, but occasionally we can get tripped up with these small infringements. Therefore, it's nice to know that there's a way out of paying the $247.

 

[Veggiepatch]

My husband got a speeding fine, the only one he’s ever had. He wrote a letter and they canceled the fine. We all joked that he was more likely to get a fine for loitering than speeding lol

Or crossing a road in contravention of a "Don't Walk" sign on Clayton Road in Clayton, Victoria, about 12 months ago. A sergeant and a female senior constable issuing infringement notices to pedestrians for a crime more heinous than kidnapping, rape or pedophilia.

Piss poor police of this country should learn how to solve real crime, not engage in targetting what amounts to being a nothing and victimless "crime".

 

[Macarj]

My husband got a speeding fine, the only one he’s ever had. He wrote a letter and they canceled the fine. We all joked that he was more likely to get a fine for loitering than speeding lol

My wife also never had one so they cancelled it

 

[Lisa]

Coincidental that this story is posted today. I'm in Victoria and my friend just rang me yesterday to tell me he had received his official police warning and the fine had been dismissed.
He had been pinged at 108, and they always allow 3 kmh for adjustment. So he had been booked for doing 105.
When he received the fine notice, he naturally told me because myself and two other mates had been in the car with him, returning from a leisurely lunch at Baxter.
I had a letter in my computer that I had used for other friends and relatives. I changed the names and other necessary details, got him to sign it and we posted it off. Two weeks later, he received a letter telling him not to pay the fine when due, as the matter was being reviewed. Then, yesterday, he received the news of the dismissal of the fine and the police warning.
The get-out is that you need to be doing less than 110, you haven't been fined in the last 2 years, and that you appear repentant.
We're not tear-asses, but occasionally we can get tripped up with these small infringements. Therefore, it's nice to know that there's a way out of paying the $247.

Seriously why was he speeding in the first place?? Secondly we have road rules for a reason .....this letter is justification for speeding...let's hope no one loses their lives because of the person who WAS speeding!

 

[Clancieblue]

My wife also never had one so they cancelled it

Or was it just the first time being caught. Like police and working with children checks, if cleared could simply mean you have not been caught yet.

 

[Placid]

Have the two previous posters been sucking lemons?
Why are you sour people trying to make things personal?
Can't you just enjoy reading about others' experiences without getting nasty?

 

[Mikeyboy2012]

Coincidental that this story is posted today. I'm in Victoria and my friend just rang me yesterday to tell me he had received his official police warning and the fine had been dismissed.
He had been pinged at 108, and they always allow 3 kmh for adjustment. So he had been booked for doing 105.
When he received the fine notice, he naturally told me because myself and two other mates had been in the car with him, returning from a leisurely lunch at Baxter.
I had a letter in my computer that I had used for other friends and relatives. I changed the names and other necessary details, got him to sign it and we posted it off. Two weeks later, he received a letter telling him not to pay the fine when due, as the matter was being reviewed. Then, yesterday, he received the news of the dismissal of the fine and the police warning.
The get-out is that you need to be doing less than 110, you haven't been fined in the last 2 years, and that you appear repentant.
We're not tear-asses, but occasionally we can get tripped up with these small infringements. Therefore, it's nice to know that there's a way out of paying the $247.

Yeah well, it didn't work for me here in Queensland a while back. Same speed, different result. A fine and one demerit point. My first infringement in Queensland and I'd been here nearly 20 years plus many more years beforehand without infringement elsewhere.

 

[Clancieblue]

Tip for dealing with Traffic infringement's

1 . Don't break the law in the first place.

 

[Gsr]

It is very hard to get a fine of any kind waived in NSW these days. Not that I have needed to but I know people who don’t hoon about, but have been caught doing not much more than the speed limit and despite appealing have had to cop the fine. It is easy to creep up over the speed limit, especially on open roads with higher limits, what amazes me is the amount of yahoos who tear past everyone doing well over the limit, often with P plates on the vehicle, and there is never a police car anywhere to be seen.

 

[freedy50]

I'm sure that allowing 3 kmh for adjustment wouldn't be anything official, just at the discretion of the police officer that stops you?And only, possibly, in Victoria?

In NSW if you go up to 20km/h over the limit, they can advise you they'll write it as up to 10km/h, which saves a bit of money but still get 3 points. I think it's how you talk to them in how they deal with it?

 

[Placid]

Actually, the 3 kmh adjustment is only for the speed camera system. The fine I was referring to was a speed camera infringement.

 

[Towing]

I know somebody in SA who got a speeding fine going up hill. The motor scooter won't go that fast flat out down hill. I believe she told the Police to see if they ould get it to go that fast without damaging anything.