A GROUP of legal specialists are claiming the use of NSW speed cameras is in breach of Commonwealth law – and they plan to take their case all the way to the High Court of Australia.
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The fight comes at a time when Wagga residents have been outraged over perceived revenue raising of mobile speed cameras in the city.
Association Against Speed Measuring Devices member John Bracey said if they were successful in their case, motorists across Australia would be repaid for speed camera fines dished out over the past 10 years – at least.
He said it all stemmed down to the fact speed cameras need pattern approval.
Mr Bracey referred to the Commonwealth’s National Measurement Act 1960 to support his argument.
He quoted that pattern approval compliance is needed to conform to international standards, referring to Section 19A of the act.
“There are five distinct types of speed measuring devices in Australia, but none hold pattern approval,” he said.
“I want to make it clear we are not against the use of speed cameras.
“They’ve just got to be accountable – why should the government be above the law?”
Mr Bracey said things had gone on for so long because the governments had colluded to ensure speed camera offences were financially effective.
The Daily Advertiser contacted the federal government’s National Measurement Institute about the matter.
Manager of legal metrology Grahame Harvey said speed cameras were not in breach of the law and did not require pattern approval.
Mr Bracey disagreed giving the reply: “They are then saying the National Measurement Act is not enforceable under law”.
For more information visit www.asmd.org.au.