A prominent North Queensland solicitor who was among several thousand motorists fined for alleged speeding offences on the Flinders Highway at Torrens Creek, has been found not guilty in court, with his fine quashed.
Townsville lawyer Anderson Telford appeared in the Charters Towers Magistrate’s Court earlier this month. While he was unable to comment on the matter, Anderson Telford Lawyers solicitor Daniel Saliba spoke to Big Rigs.
Telford received a breach notice for the alleged offence after he drove through Torrens Creek during August, 2023.
“It was alleged a camera indicated that Mr Telford was recorded at 104km/h in a 60km/h zone and the fine was for $1780 with loss of eight demerit points,” Saliba said.
“The magistrate upheld our submission that Mr Telford had no case to answer on the grounds that a defective breach certificate was issued which linked his vehicle and did not comply with legislation. There was no other evidence presented by the department so the case was dismissed,” Saliba said.
In addition, Transport and Main Roads Queensland (TMR) was ordered to pay court costs amounting to $2250.
TMR was contacted for comment after the court case but told Big Rigs it does not comment on individual cases.
The court decision has been described as a big win for drivers.
That was in the form of a $1200 fine with the loss of six demerit points, after a hidden camera detected they were speeding through the outback Queensland town of Torrens Creek.
Following that I had many calls from truck drivers who had also been breached, eagerly wanting to know the outcome for that case.
A general consensus amongst drivers I spoke to was that the cameras were revenue raisers.
Most of the infringements had been when a camera allegedly recorded drivers doing well over the speed limit, which is between 60km/h and 80km/h, according to signs in the main street.
The Flinders Highway is the main road linking Townsville to Mount Isa.
One NSW driver who contacted Big Rigs said he was clocked at 92km/h by a camera as he drove along the main street.
“There is no way I was doing that speed and I got a real shock when the ticket came in the mail advising I had to pay a $1200 fine and would lose six points which was devastating,” he said.
“The distance between the signs is about 300m and there is no way driving a road train I could have been doing that speed. I had turned onto the Flinders Highway just before the 60km/h sign from the Aramac Road and wouldn’t have had time to reach that speed.”
Initially the owner-operator said he was going to contest the matter in court.
But when the prohibitive cost of defending it in court was taken into account, he decided to just take it on the chin and paid the fine.
He also received advice that it would be very difficult to “beat the matter in court”.
There were other truck drivers who had been breached who also said they didn’t have the funds to contest their fine.
After publishing the original story, TMR told Big Rigs that all cameras have been calibrated independently from the camera vendor, with a number of checks to ensure their accuracy.
“Firstly, the cameras must be independently calibrated. When the trailer is setup, the speed of vehicles recorded from the trailer is reviewed by using a different speed camera device to ensure they are both measuring the same speeds. The trailer will not go into enforcement mode until after this verification.
“All offences detected are verified using a secondary verification method where two images of the vehicle taken are reviewed to check their speed, using time over distance calculations. Only offences supported by the secondary verification are sent for adjudication.”
Cameras were placed in Torrens Creek following 88 fatalities involving speeding drivers/riders in this general location, back in 2022.
TMR added that research undertaken in 2023 by the Monash University Accident Research Centre also found that in 2021, a total of 1191 casualty crashes were avoided due to the use of speed cameras.
“This independent research clearly demonstrates the effectiveness of the Queensland Camera Detected Offence Program in reducing road trauma.”
TMR advised that the Torrens Creek location has shown excessive amounts of speeding.
“Infringement numbers are not available but approximately 3000 offences were detected for speeding prior to the verification and adjudication process.”
All dodgy fines should be disputed. They rely on drivers not fighting them. To fight a fine, you’re looking at maximum of 4 times in court. that can add up to significant time off work and resultant lost wages.
My last win, I was working in the mines, 3 days lost for each appearance. 12 days and 6 to 8 hours of travel each way. Estimated lost wages, $8,000.
The feeling walking out of Court a winner, Priceless.
In Victoria I’ve beaten 4 from 5 speeding fines (forgot the court date on the loss). Queensland 1 from 2, and I’ll never lose another the same way.
Qld has a section in the Road Traffic act that requires Radars & Cameras to be operated in accordance with the Australian Standards. Some very specific requirements in there. Buy a set, money well spent.