Road rule loophole sees driver avoid $247 fine after being caught on camera speeding

Victoria Police confirmed the fine can always be challenged, but there is one condition.

Main image: Cars driving on busy road. Inset image: Victorian infringement withdrawal notice letter.
Drivers in one state can have their speeding fine waived under special circumstances. Source: Reddit/Getty

An Aussie driver has revealed how they managed to avoid paying a $247 speeding fine and losing a demerit point after they were caught by a camera travelling above the limit.

In certain situations, drivers in Victoria can have a speeding fine waived by police, the motorist claimed. Thankfully for them, they were let off with an "official warning" instead, taking advantage of a provision in the state's road rules many might not be aware of. A similar situation exists in South Australia too.

"Any speeding fine issued by Victoria Police members on the road can be challenged," a Victoria Police spokesperson told Yahoo News Australia.

Across the state, Victoria Police has the discretion, upon review, to withdraw an infringement notice and issue an official warning in its place by considering a number of factors. These can include the circumstances of the fine, time of offence, weather conditions, traffic density and type of road/land, police say.

Only drivers who've not had any other speeding infringements, safety-related infringements or official warnings in the past two years will be considered, and the criteria for a 'good driving record' must be satisfied to be let off.

The driver shared their good fortune on social media, reminding others of the rule detail after they were clocked travelling less than 10km/h above the speed limit in July.

It appears the motorist likely appealed the fine based on the state's "official warning" rule. And luckily for them the infringement notice was "withdrawn in favour of [an] Offical Warning".

"For those who may not be aware, in certain situations, you can have a speeding fine waived by VicPol," he wrote. "Doing this saved me over $247 and a demerit point waived".

Left: Speed cameras st up on side of Victorian road. Right: Victorian infringement withdrawal notice letter.
The Victorian driver was able to get his speeding fine waived in favour of an official warning. Source: Getty/Reddit

The speeding fine loophole came as a shock to some who admitted they weren't aware. "Dang, 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 in response.

"Sh*t, I didn’t know this and they got me 3kms over two years ago," another said. Others admitted they've tried their luck in the past and also got let off.

In NSW, if you have had your driver's licence for more than 10 years and have a clear driving record, you may be eligible for a caution for some offences. A spokesperson for New South Wales Police told Yahoo drivers can be given speeding warnings. Drivers will be issued a notice in the mail, but it won't look like a fine.

It's unlucky for Queenslanders though because a Queensland Police Service spokesperson said it's "not a thing up in Queensland".

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