Some real facts

Legal metrology comprises all measurements carried out for any legal purpose and includes measurements that are subject to regulation by law or government decree. It has its historical origins in the need to ensure fair trade, but also includes measurements in areas such as health and safety (eg sound level meters and radiation dosimeters) and traffic control (eg vehicle speed and breath analysers).

Dont read the above, as its not something the Victorian Government want you to see!

Its part of the National Measurement Act.

Measurement Laws were changed to allow RADAR speed measuring equipment to be used "legally" or at least according to changed Victorian laws, when they were introduced quite some years ago.

This occurred in my time and I distinctly remember the newspapers reporting that there "were some legal issues" when it took some time to start using these.

We have finally found out what these issues were. If the authorities were to obey the laws of measurement, we wouldn't have them being "tested" under the traffic act.

What makes it necessary to bring this to motorists attention is that the speeds you are being booked for these days do not take into account the speedometer errors or RADAR errors which in proper legal scientific measurements would be cumulative.

This needs to be addressed and it is on this point alone you would avoid a fine if you take it to court. It is also necessary to swear under oath that you were not speeding, if you weren't. 

It is then up to the prosecution to show their equipment was working correctly on the day. Unfortunately, as you may not have any idea when this happened, you may not remember. Something which I luckily did, due t ocertain circumstances and technical interests when I won my case!    

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 1) Speedometers are not accurate. Legislation cannot change physics. Accuracy varies from 10% plus or minus at 60 KPH.* Worse if you tyres are over/under inflated or the wrong size. There are no requirements for speedometers for cars made before June 1988, or even speedometer standards in Australia before that date. 

2) "Certificates of Accuracy" under the traffic act are being used to provide "evidence" in court. This is illegal under the Australian Constitution. They should be using certificates under the Measurement Act, a Federal act. The traffic act has no jurisdiction over measurement, and how equipment is tested.                                   

3) No relevant tests are being performed on Radar equipment, nor can RADAR be correct under all circumstances. To test for accuracy there are 18 tests which are never performed, nor are the manufacturers testing methods being revealed which is why requests for the information under the FOI act is denied by state governments. This is due to "trade secrets or the being against the public interest"  

4) A camera of any kind must be shown to be working properly on the day in question. This goes for Red light cameras as well.

5) It is not good enough that authorities avoid valid requests for maintenance logs or manufacturers manuals of operational maintenance and testing.

6) There are currently,  no accredited speedometer testing facilities, or RADAR testing facilities in Victoria. There is paperwork available to prove this. These facilities would state that they are "accredited by the National Measurement Institute"

7) The Melbourne Institute of Technology, is a Victorian State Government run institution, depending on finance from the state government. They test RADAR equipment. Do you think these institutions are going to bite the hands that feed them? Even shopkeepers cannot test their own weighing scales, but apparently the States can test their own equipment. Something the Federal Act and the Constitution sought to prevent.. This of course can lead to public distrust and must be done correctly according to the independent National Measurement Institute. 

8) Most drivers cannot avoid speed infringements, at all times, as the speed limits and the variable times of some limits are  staggered all over Melbourne, with road works, not manned, being a particular nasty bit of entrapment for motorists where they can loose their jobs, if they depend on their license. This suits the state government.

9) If speed is such an issue, (and it can be if we all drive like hoons) why are we issued with a Roadworthy certificate for a vehicle, but the speedometer accuracy is never tested! It is only required to be functioning.

10) It is possible that all speed camera operators would need to be accredited by the National measurement Institute to provide legal evidence in Courts. It seems from my experience they have trouble telling apart normal power lines from High tension lines, and don't even know if they can operate there. The sites for camera operations is chosen for high probability of infringements, not technical accurate excellence, by their hierarchy. 

11) The biggest road safety DANGER  is changing speeds. This causes many hits and near misses. So why are there so many changing limits?

12) Red light accidents are very dangerous. These accidents have seriously increased since RED light cameras have been introduced. Most are  rear end collisions, and Red light cameras were not installed earlier because authorities were aware of this possibility. Since then there has been a push from the camera manufacturers to install these. T bone accidents have not decreased. So why is this happening? I wonder what sort of a kick back the "Road Safety" organisations get?

13) If AMBER lights times were to increase from 3 to 4.5 seconds, Red light cameras would be out of business.  Despite this making Red light accidents statistics lower, and therefore safer, there seems to be ingrained stupidity to allow this to happen. Note RED light cameras revenue would be seriously affected if they did this. Overseas they have been removed or moved when they did.

14) When driving a car not belonging to you, you are not responsible for their speedometer or any error introduced by their vehicle. 

15) When speed cameras were first introduced they made a marked effect on motorists. The ten per cent tolerance, which was allowed due to inaccurate speedometers, was allowed. When motorists started driving at the slower speeds, the Victorian government, started loosing revenue. They then did a "study" at Monash University, which then claimed that most speedometers were actually as accurate as 5 percent.   So they droped the allowed tolerances to reflect 3%. We should now be so safe that we have less accidents. No so. We have more, whne before, with the better equipped  cars coming onto the market, accident staitstics were actullay dropping. Guess who claimed the credit for that? Yes speed cameras. When they are now creating problems...

See page on Speed cameras are on the nose in Canada and Great Britain....

 

http://tinyurl.com/Cal-Speedo

http://tinyurl.com/RS-Enquiry

 

 

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  These issues apply to all cameras used in Victoria at the moment, and probably to all states.

 

 

Its up to you to prove they were not working properly. It appears laws  are circumnavigated, and the law is being used for mischief. Real road safety issues are swept "under the carpet"to a great degree.

Under criminal laws, the accuser needs to prove that you have broken a law. The speed camera is a tool which, due to complicated functioning needs to be above reproach. The Traffic Safety people have created a cynical public by not having them approved for measurement, or testing these cameras using the National Measurement Act. 

Big brother, needs watching very carefully.

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    Foot note: It's true that some of Ned Kelly's relatives have turned to the legal profession.