[Vic] Receive a Caution If You Have Received a Fine for Speeding 10kms over The Limit or Less

Moved to Forum: Original Link

This post is in response to a number of requests I received in the forum. Mods, please move it if you consider it inappropriate.

Many of us have received the odd speeding fine. If you meet the below criterion you are automatically elegible for a caution:

  • Hold a current driver's licence, including probationary, or current learner driver's permit.
  • Have not been issued with a speeding, other traffic fine or official warning within the previous two years.
  • Were caught doing less than 10 kilometres per hour over the speed limit.
  • Do not deny that you committed the offence.

All it takes is a brief letter addressed to the below:

Officer in Charge
Traffic Camera Office
GPO Box 1916
Melbourne 3001

It takes all of 5 minutes and if you meet the criterion you are pretty much guaranteed to have the fine withdrawn. This has worked for me and at least half a dozen of my friends and family.

Draft letter (for those who are too lazy to think of what to write themselves):

Dear Officer in Charge,

I am writing in relation to traffic offence xxx committed at [time] on [date].

I accept that at no time is speeding safe. In this case due to [insert brief comment on circumstances, don't give excuses] I drifted over the speed limit for a short period of time. I have now modified my driving behaviour and pay more attention to my speed in such circumstances.

Given my good driving record I would like to request a caution for this infringement.

Regards,
[Your name]


Victorian Government

Related Store: Victorian Government

Comments

  • -2 votes

    Yes, but what do you WRITE in the letter?

    • +1 vote

      It's not that complicated, I've drafted a letter for you. Bill is in the mail!

    • +2 votes

      I did this and got off a fine. I basically just said that this was my first speeding fine and based on my previous driving record (no fines) i am considered a responsible and safe driver. I also said i wasn't driving my own car and the sensation of speed was different in the car i was driving, but they probably didn't take note of that.

      •  

        me too. i read it from a website as well. as long as no fines within 2 years and less than 10kmh than warnning
        only

      •  

        I had said that I had no prior fines or warnings from Victoria Police (I had recently moved from SA and had last received a speeding fine probably 12 months prior). Worked just as well

    • +84 votes

      Dear Cops,

      I am an active member of the OzBargain website, and we use every opportunity possible to save money.

      Your speeding fine is over-priced. I have been able to get a price match from a small country in eastern Siberia, and they only charge AU$0.07 (after currency conversion) for the exact same offence.

      Since it will cost you more than 7 cents to process the payment, I therefore request that the entire fine be waived.

      Yours sincerely,
      [your name here]

    • +1 vote

      I believe the key is to admit that you were speeding. I've done this before, but it means that if I get caught speeding again I can't say "I haven't had a fine in 2+ years" because I admitted to my previous offence. Still, very handy. Funny thing was, I sped up so the car next to me didn't slam into the parked car which had the speed camera on it. Should have let them pound it.

  • +1 vote

    You might wanna change the title to Vic only.

    •  

      Done, thanks

    •  

      It was a long time ago, but I once letter-wrote my way out of a red light camera offence in New South Wales.
      Dear whoever, blah blah, late night, wet road, hit the brakes and locked up, drifting sideways, decided in the interests of safety to proceed through the just-changed light, blah blah, good driving record, blah blah.
      Got downgraded to a caution.
      Never hurts to try it on ;-)

  •  

    Can you do anything for my traffic light fine? I got hit with $305 fine. First driving offense ever.

    •  

      Doubt it. You could try, but it pretty clearly states that they don't waive serious offences unless there is an emergency situation

      •  

        I missed the green light by 0.5 sec because the truck in front of me obscured my view of the lights (was in right turning lane and waiting to turn right, so I was right behind his ass). That's what they call serious offenses?

        •  

          Can't you challenge it in court?

        • +2 votes

          If you were already in the intersection when it was green, you shouldn't have copped the fine.
          if you weren't in the intersection you were probably tailgating.

    • +1 vote

      red light cam? why did you speed? just be honest with them. say what was your excuse. and if all things fail. do it the other way. pay by plans. pay slowly. 305 is ouchhhh.

    • +7 votes

      Hi there,

      My friends dad contests all traffic fines he's received, and one to note was running a red. He represented himself at court, claimed he was sneezing as the lights were changing but missed it, and by the time he realised the colour of the light, it was deemed safer to continue through the red light as opposed to slamming on the brakes.

      I'll be using this if I ever get a fine such as this, I'm guessing the state might start wondering why the sudden influx of red light sneezing, though.

      Edit: He got off (giggidy).

  •  

    Something like this applies in NSW as well. This has always been the case for as long as I remember (~10 years?)

    •  

      As above, I got off a red light camera on NSW by writing. It would have been in 1994 or 95.
      Can't remember who I wrote to, but it did the job.

    •  

      http://www.sdro.nsw.gov.au/your_options/request_a_review/pn_... outlines it for NSW - seems it might be possible once off for any (driving) fine, incl any speeding less than 30kph over the limit:

      If you have been driving for the previous 10 years within Australia, and had no demerit point offences, we may waive the penalty notice and replace it with a caution if the offence is not serious.
      Situations where you cannot claim leniency

      You cannot use a good driving record to claim leniency for:

      parking or driving offences with no demerit points
      demerit point offences in school zones
      serious speeding offences, more than 30 km/hr over the limit
      burnout offences
      unlicensed driving or riding
      driving unregistered or uninsured vehicle
      probationary licence holders
      anyone holding a licence for less than 10 years
      bicycle offences
      driving with unrestrained children
      driving with two or more unrestrained passengers
      driving without seatbelt fastened
      use of radar detectors.
      
  • +1 vote

    My first fine was for 5 over, I didn't know I could get out of it so I just paid it.

  •  

    This has been around for a while…

    What do you right in the letter? Just say that you were sorry for speeding (hence not denying it) and ask for a warning to be issued in lieu of the fine considering that you have not sped for the past 2 years…

    I've done it for myself and others also.

    You can also do this if you received multiple infringments on the same road in one day and/or received multiple infringements for the same road over several days. The arguement is that you did not recieve sufficient warning for you to take corrective action before the next infringement was issued.

    see this: http://www.trafficlaw.com.au/speeding.fines.html

  •  

    This has been around for years, I used it 6 years ago.

  •  

    What a bargain!

  • +2 votes

    Anyone know if this applies in WA too?

  • +3 votes

    It's also good for multiple low speed offences (10k or less) speeding fines from fixed speed cameras on freeways/highways - cannot be used for combo speed/red light cameras or mobile cameras.

    As stated on the same page as posted above, "Those received over a period of several days, prior to the driver becoming aware of the first issued infringement". "In essence, you may be eligible to have some multiple infringements that come within the guidelines withdrawn."

    I used this a few years ago when the cameras on Eastlink first became activated. I received 6 fines in the mail for offences ranging between 101-110 kph all within a few days of one another.

    I wrote them a nice letter and they waived all bar one of the notices, and also the demerit points associated.

    That was a great day; I was looking at $1500+ of fines from memory. I remember it clearly because of a) the money involved and b) I had just got married but wasn't getting any lovin' for a few days after the fines came in :/ Happy days after they were wiped though :D

  •  

    Lol this is classic - is it really a bargain or more of a loophole?

    Rofl - before I post it asks me if I'm affiliated with vic.gov.au

    •  

      Do you even understand the meaning of the word "loophole"?

      Explain how this method here is a "loophole"?

      •  

        A loophole is an ambiguity in a system, such as a law or security, which can be used to circumvent or otherwise avoid the intent, implied or explicitly stated, of the system. Loopholes are searched for and used strategically in a variety of circumstances, including taxes, elections, politics, the criminal justice system, or in breaches of security.

        This loophole allows you to avoid being fined for exceeding the speed limit (the intent).

        • +1 vote

          Nice copy and paste from Wikipedia.

          Notice the word "ambiguity". There is no ambiguity here. You get a infringment for going over the speed limit, but under 10 kph over.

          You can apply for it to be withdrawn if:

          "Hold a current driver's licence, including probationary, or current learner driver's permit.
          Have not been issued with a speeding, other traffic fine or official warning within the previous two years.
          Were caught doing less than 10 kilometres per hour over the speed limit.
          Do not deny that you committed the offence.

          An official warning will not be given for red light, mobile phone, seatbelt or generally any serious road safety offence, however consideration may be given where a proven emergency situation can be shown."

          Where's the ambiguity? Photonaturally's reply below is spot on…

        •  

          ROFL

          " … or generally any serious road safety offence"

          they admit that speeding isnt that serious???

        • +1 vote

          less then 10km really isn't so bad!

        • +1 vote

          Agreed. Why would you think going over the speed limit by less then 10 kph is a serious offence?

        •  

          well, they might not be too happy about 10kph, but there's flexibility for them to let it through or deny it

    •  

      The justification for a speeding fine for travelling 3kms over the speed limit could be argued all day. If the laws are set a certain way then we have to abide by them. This includes the ability to request a caution for minor infringements with a good record.

    • +3 votes

      this isnt a loop whole as much as it is an entitlement that some people do not know of.

      lets hope that i never need use this.
      6 yrs - no demerit pt. (touch wood)

    • +2 votes

      How can this be a loophole when the full information is posted officially on the .gov.au website and fairly regulated. ie, no other offences in the last 2 years, less than 10km/h over.

      And I don't think posting it here in OZB can potentially lead to it being abused. I knew about this about 6 months ago and got my first ever speeding fine pardoned and was given official warning. Now, at least for the next 2 years, it's impossible for me to abuse the system and continually use this method over and over again.

  • +9 votes

    Can you pre-pay? And is a volume discount available for a group buy?

    • +3 votes

      Yes I wonder if OurDeal will offer a pre-paid 10 speeding fines, normally $1200, today $300,
      included in the deal is 6x 0-10km over, 2x 10-20km over and 2x 20-45km

      •  

        LOL - that's pretty hard core. What I was thinking was that speeding fines go up every year, at CPI+. If they presold the lowest level fine, then the govt. gets to sit on the interest earned until you cash in your voucher. You get to lock in this year's price . If it's a couple of years until your next fine, you could save a fair bit of $$$.

    •  

      This was aroound long before group buys. The chuches called it "indulgences"

  • +2 votes

    This won't work in a school zone.

  • +1 vote

    I can't help but wonder if this will cause the waiver to be reviewed. With the offer being advertised on a site such as Ozbargain, this could lead to potential abuse of the system, and Victoria Police might not be happy with that.
    I believe the offer is reasonable, as it is easily possible to have a momentary lapse of concentration and go over the speed limit. I just hope they don't feel any reason to remove it due to this post.

  • +1 vote

    I'm wondering if we should title this "Limited time - FREE speeding fines (one per user)" or similar!

  •  

    Dang…. I just got a fine of $153 for being 7 kms over speed. I wrote them a letter about a couple of weeks ago and asked to give me a official warning. I have however got a fine last year for turning in a NO RIGHT TURN street and 1 parking fine last year. Apart from that, I haven't got any other fines in the last 8 years (which I have highlighted in the letter). Do you think they will waive of my fine?

  • I know another mod thinks it should stay, but its not a deal everyone can go buy. Unless of course you want to get a fine to find out. Now is that a bargain?

    Its great information and belongs in the forums.

    As for discussions on the appropriateness, when that mod and I battle it out, we'll let you know who wins… You'll see the blood on our next post here… LOL

    • +2 votes

      Plenty of bargains are posted that require you to be a member of facebook, NRMA, RACV, etc. How is this any different, and why are they not moved to the forums?

      The forums have a very limited audience, so if it's great information it belongs in the bargains section. Clearly by the number of votes it got in half an hour the users seem to think so.

      • Oh dear the lost in forums argument. Sorry but if you want every information piece cluttering up the main thread then start a topic and have people vote on it. Then we have some data.

        And 4 hours later its lost anyway on the main thread as other deals come in. So there are arguments both ways..

        And what membership is required here. You need to get a fine first before you may get off. The bad drivers club? The support our cash strapped governments club etc etc?

  • +1 vote

    Great post….Although hope i don't have to use it

  •  

    ripped to mrhorseham for using foul language.

  •  

    Dont speed & dont neeed to worry about it

  •  

    I got my first ticket in 9 years of my license, caught by running 64km on 60 zone last month, and just pay the fine If i knew this early, i might get off cause I have no intention of speeding.

  •  

    Dear All,

    I'm in deep shit now.
    getting 2 infringements on same road (western ring road, keilor 80km)
    1 for just over 10 Km/hr (3 demerit)
    1 for below 10 Km/hr (1 demerit)

    I expect more to come in few weeks time.
    as I have already accumulated 8 demerit points, I will probably get my license suspended.

    If I send a letter as suggested, how many demerit point would I get?
    Have anyone in the same boat before?

    Thank you in advance for all advice or tips and trick.

    •  

      wow I don't like your chances as:
      A. You already have past infringements.
      B. Driving over 10km/hr so definitely not a 'minor' infringement.

      Good luck though, but I really don't think they will let you off for either.

  •  

    Thank you for posting this, much appreciated. I'm posting a letter to the Traffic Camera Office today, fingers crossed!

  •  

    Thanks heaps for posting this op. I sent off a letter a few days ago for one infringement, however checking my online statement today I realised I was caught at another camera a few minutes before that…

    What are people's thoughts on this? Should I just wait till they respond to my first letter? Or send off another letter sending I had not received the second notice at the time I sent off my first one..and ask for leniency for both of them..

  •  

    Hi,
    Can anybody recommend what should I do, as I have received, a speeding fine in school zone of $177 for being 10 km over the limit in NSW. It's my first fine in last 3 yrs of driving record.
    • Is there a possibility of getting a caution.
    • should I see court for a leniency.
    Any suggestions.. Pls..

    • +1 vote

      I would doubt you would get any leniency for speeding that much over the limit in a school zone

  • +1 vote

    I just recieved my notification letter in Victoria that I have my fine has been downgraded to a caution using the draft letter above. Stoked! Cheers for the heads up! Well worth doing.

  •  

    Now you can download an internal review for an infringement request form and fill it in instead of writing a separate letter.
    http://www.police.vic.gov.au/content.asp?a=internetBridgingP...

    •  

      Hi EarlyBird,

      That Infringement Form you provided has 3 options to select for the "Grounds for the Application"

      1) Exceptional Circumstances
      2) Special Circumstances
      3) Contrary to Law

      Which option do I select if I just want to 'Request' to "Receive a Caution" ???

      Thanks

      Andy

      •  

        I posted that more than two years ago and it looks like they have changed the form. Anyway, page 2 has the explanation for the options and in most cases I'd expect option 2 to apply.

  •  

    I just recieved an alleged 46km in a 40km zone fine today (corner Flinders and William st in the outer CBD). Unfortunately my partner got a speeding fine about a year ago and I took the points. NOW I'm about to write in to see if they'll give me a caution, but I'm thinking they'll look at the previous fine (under my name) and deny my request.

    Maybe I should transfer it to her first for a better chance?

    •  

      it's 2.5 yrs later - just wondering how that conversation went!

    • +1 vote

      Haha i just got a fine for that exact same location. Will be writing a letter as well

      •  

        Me too, on the 20th of Feb!
        Just faxed off the letter

        •  

          sent the letter around late feb, only just got a letter early this week saying they've let me off.
          Takes ages!

        •  

          @matt90: Oh cool. I just called to make sure they'd received it and they had. He said it could also take up to 90 days.
          Found out that I had a parking fine from March 2014 that I didn't know about. Original fine was $55, it's now $157.
          I've written another letter about that. I said I was more than happy to pay the original fine, but would they consider removing the extra charges.
          Don't like my chances but it's worth a shot.
          I think it was because the car was still registered in Tasmania so any reminders were posted down there. I know for a fact I didn't get the slip on the windscreen.
          No mention was made though when I had to go into ServiceTas to fill in a stat dec when the car was written off in Victoria and the insurance company had the car so I couldn't return the plates

        •  

          @DeepHorizon:
          I had a parking ticket. Area I'd visited changed what was on their parking signs.
          I applied to have it reviewed. Takes up to 90 days they said.

          Around 70 days time, still no news, so I called them.
          1. They claimed they'd already replied ages ago
          2. They weren't going to show compassion.
          3. Not their fault if the mail doesn't arrive
          4. Since they replied ages ago, I now had penalties to pay.

          If you're going to try asking for leniency, you might want to follow up each week to make sure the mail doesn't go to the wrong place again or go astray like it supposedly did for me :S

        • +1 vote

          @foundit: Thank you for the advice, I think I'll do that. The guy said that he extended the due date until the 13th May so I'll call before then and check

  • +1 vote

    Just wondering if anyone has any advise for trying to appeal the following? I was across town in an unfamiliar area at dusk, so pretty hard to see, waiting to turn right at lights (over a big intersection, so the lights were pretty far away and it was raining). Green turning arrow for those opposite me, so I move into intersection, and then realize after about 10 seconds that the turning arrow for me in still red, so I reverse back (nothing behind me). Got a fine for it, as technically it is not if you complete the turn, but move into intersection. Never had anything more than a parking fine. It was $369, so a pretty big fine for such stupid mistake on my behalf.

  •  

    my fine is due today, what if i send a letter today will it still help me??

  •  

    I tried doing this back in May but it didn't work :(

    Apparently you have to have "exceptional" reasons to have the fine waived.

    •  

      Hi yumdumpring,

      1) What were your circumstances ?
      2) What did you specifically write ?
      3) What did they say as part of the rejection ?

      Cheers

      •  

        1) I was 10k over the speed limit (50 in a 40 zone)

        2) I wrote that I acknowledged my mistake, did not give an excuse, I am sorry. Could the fine please be waived given my clean driving history (no fines ever)

        3) They just said it was not one of the exceptional circumstances and that the fine stands.

  1. llama on 17/05/2012 - 13:50
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  3. shmahoo on 17/05/2012 - 14:08
  4. Dockit on 17/05/2012 - 14:13
  5. BuyoTheCat on 17/05/2012 - 14:25
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