40 kph limited speed area revenue raising experiment

The Commonwealth has impossed an experimental 40 kph LIMITED SPEED AREA upon the territory and states,there is no conferred legislative authority for police to enforce under the 1999 Australian road rules in that absence all Australian motorists are charged with the wrong offense a breach of rule 21 instead of rule 23.

A breach of the Australian road rules does not createa an offense for example not weaing a seat belt in a veichle manufactured without seatbelts.

In MCPAD 287-01 Nation wide municiple coucils are errectng END OF KPH LIMITED SPEED signs in streets other than the steet to which the speed limit applies in breach of rule 328 of the aust road rules.The legal effect is all motorists are permitted according to those signs to drive up to the default speed limit (50/60 kph ) and incurr a wrongfull infringement notice by police for exceeding a 40kph limited speed area.

It was never S.A transports intention to enfore 40 kph limited speed area as a speed limit applying to a length of road (rule 21) rather a limited speed applying to an area rule(23) proir to our territory and states adopting 40 kph limited speed area and the 1999 australia road rules.What happens in a defense of an alledged offense is an abhorent confict between the two rules with illogical reasoning .

A defense is police are charging all Australian motorists with the wrong offense in breach of the summary proceedures act and all aust courts have no authority to detirmine the matter it is for that reason why The police of the dept of public prosecution withdrew the charges in AMC-03-8201 and AMC 02-19050

The territory and states can review but do not have authority to ammend the australian road rules.

Beware these precedence of aqittal with reference to action numbers should only be used with someone familiar in court process and best left to being represented by a solisitor with costs being granted.

thanking you matross

I can't believe anyone would trust your unsolicited legal advice with spelling that bad.

Injustice should not be leant to typographal error ,do you have any genuine enquires in relation to police enforcement without lawfull authority of 40 KPH SPEED LIMITED AREA?

All good books have tthe name of the author and source of authority mcpad 287/01 (police v matross) and in amc03/8201 and amc02/19050 (policevcookson) matross appeared as friend of the court also see howie v marsh(police) supreme court.

Wat do you mean my post is "unsolisited"

Matross

WA has had 40kph speed zones for years, it wasn't thrust upon WA by the federal government. It is regulated and enforced by the WA government.

I am uncertain as to whether reference to speed zone by that you mean limited speed area say speed zone is childs crossing to the school or kiny is not the same as a limited speed area but if that is what you mean then i reiterate the 1999 australian road rule is a decision made by the federal goverment a body of the aust road council ,police and ministers.

The australian road rules is a federal legislation for the purpose of uniformity, and is introduced into effect by separate state and territory legislation W.A road rules are the federal australian road rules without authority to ammend by w.a legislation the rules.

The honarable ms mc innes ruled and i quote' i am not persauded the decision that (FEDERAL attourney) that was made (1999 AUST, road rules) follows common law priciples as there is no appeal avenue of those decisions.

I have endevoured to confine information limited to youre enquiry do you have any further enquries ? Matross

Dude, its not an enquiry, I was stating a fact.

Despite being politely told on many other occasions, your spelling and grammar leave a lot to be desired, and do not help you get your message across. May I suggest typing up a post in "Word" and using the spelling and grammar checks in that.

for the moderatorsinformation local regulation and enforcement in W.A is a confered legislative authority from the miscellaneous section of the 1999 australian rules enabled by commonwealth act and the reason being that police nationwide enforce the 40 kph limited speed experiment without lawfull authority is that there is absent that conferred authority to do so.

What happened iswhen S.Atransport created the experiment in the early 1990's all traffic offenses came under the 1961 road traffic act,in between ammending the 1961 act as the current 1999 australian road rules,while the territory and states adopted S.A transport experiment the experiment was enforced under the 1961 act however the concept of limited speed area was not then concieved.let alone an anabling authority to enforce which was overlooked in the 1999 act and only rule 23 was inserted applying to a40 kph limited speed area was set out.

The rules do not create an offense,and in the absence of authority for police to enforce,police natiunwide charge all australian motorists with the wrong offense in breach of rule 21 instead of rule 23 which was never S.A transports intention which was limited speed applying to an area rather than a speed limit applying to a length of road .see howie v marsh(police) sa supreme court

S.A transport draughted aust, standards coded(as 1728?) called "road traffic controll guidelines" as to how the nations municiple councils would errect signage the last page quoted the experiment required feedback from motorists to fine tune.S.A transport then decided that some streets within the 40 kph limited speed area would be of 50/60kph and never tested there was a mish mash of limited speed and speed limit signage.

At intersections with traffic light signals possibly roundabouts also the municiple councils in breach of rule 328 of the australian road rules errected END OF40KPH LIMITED SPEED AREA in steets other than which the speed limit designed to define by default applied the other street of 50/60kph within a 40 kph limited speed area.The effectis all austra;lian motorists at the intersection may drive up to 50/60kph speed limit in accordance with signs and are issued wrongfull infringement notices for exceeding a40 kph limited speed area.

signage 'END OF 40KPH LIMITED SPEED AREA' designed by S.A transport that
replaced the original signage which read 'END OF LOCAL TRAFFIC AREA'when it was challenged as illigitimate speed signage as the signs did not show a numeral the number of kilometers per hour. The legal challenge did not go far enough to test other legal effects as just mentioned upon all motorists and neither were these no nothing speed signs removed .

All components for the draghting implimentation legislation and enforcement are in such conflict beyond the beginning of concieved incomprehension that the politicians put in the too hard basket .Whilst raising revenue there will never be until all these componets are understood a defense against such alledged offense.Best said with a conviction that jurisdiction of the courts have no authority to have this matter before the courts.

In S.A the police detection department were issuing thousands of speeding infringement notices showing the wrong registration plate numbers having no addequate or proper provisions to review complaints.Other complaints to the police entegrity commission went no where including hundreds of recommendations by the DPP(dept of public prosecution) for years wre never investigated and the response by the commissioner mr mal hyde was to sack the police inspector.

Would'nt it be bad luck not to have not another but two further alledged criminal offenses,first is to sign off this one . matross ps i am a beginner of threads and posts with critisism from the moderator for typographal errors whats happening if any one understands is when correcting the back space or space bar on key board would not only errase the error but also bring forward rest of the paragragh and errase that to .My position the is to start from scratch and i am not going to do that , to that i hope you catch my drift

Sounds Intriguing Martross...are you hoping to drum up support for something on a stock market forum? Or are your posts for discussion/informational purposes alone?

ASX.G

THEASXGORILLA the fist time i have come out of the closet with social injustice .ASF i noticed has placed my thread with the heading'australias current uranium diplomacy with india ' on the internet as general information ,that being done i have never before considered raising such issues and matters ASF provides an avenue for such issues and matters for public record,for the first time i never knew was possible.

That done I move on with a watchfull eye,on the state of the market and a large financial outlay in a single stock application being secured for the near future coupled in priority of need to also generate on market stock market conscienciosness from this forum which i am overwhelmed by a flood of participation.

I have come over only after 18 months new to sharetrading from Huntley Aspect site , because of financial membership burden i understand his philosophy in creating free thinking but wouldnt have the know how to even save myself even when the principles i am showand hold in my hands THEASXGORILLA i shouldnt be in this game, somehow i am ,from not being bankrupt.

Back to breakeven position in a hold commodity stradegy to the year end on the basis the asx will finish this year at a premium 6400 we are currently to far ahead on that basis i anticipate a draw back today and volitility until we are under 6000

matross

I can't stand it when people come out with "revenue raising" crap.

The same people who cry that the government is revenue raising everytime there is a new or harsher law involving fines introduced are the same people who complain that nothing is being to reduce the death toll or the state of the roads.
News flash - if people obeyed the law/rule they would not incur a fine. If everyone did that - there would be NO revenue! And guess what? There would probably be a lot less accidents too!!!

DEFINITION OF EXPERIMENTAL 40KPH LIMITED SPEED AREA

A draughted implementations document in relation to" 40 kph limitd speed area "developed and pioneered by S.A transport ( SA road traffic control standard on the web) Australian standard code(A.S 1742.3) to be adopted by the Territory and States made mention of the very limited voluntary testing upon motorists in back steets of Unley S.A states on the last page and i quote"REQUIRES FEED BACK FROM MOTORISTS TO FINE TUNE.ieS.A transport borrows the outcome of sucessfull challenge in the courts se court files MCPAD 287-01 AMC03_8201 and AMC02-19050 but are thrown in the two hard basket
"
According to (A.S 1742.3) 40 kph limited speed" AREA," does not lend itself by concept to be implmented and enforced" AREA" in practical application is trully 2 dimensional and enforced as limited speed applying to an area rather than a speed limit applying to a length of road for this reason never before in Australian Road Transport History has the amount of this many road related signage been errected, up to 12 signs can be seen at just one intersection with traffic ligthts signals .

It does not makes sense that the social impact of removing stobie poles and burying overhead power cables underground makes ground to then errect 100"s of road related signs in our suburbs.

It is unconscionable to develop the Qaka 900 in the 70"s that idles above the speed limit, light weight triples that do backflips now banned and a monaro,utes and gtv8 that does 250kph stock standardas it was to the honourable mr keating to mandate national buyback firearms to be destroyed as it is for the next gov to export uranium rather than thorium,Sure reducing speed and fatalities is a good thing but bad legislation is as criminal as the crime in which that legislation defined.

Licences are required to drive a motor vehicle, police enforcement a conferred legislative authority to enforce otherwise the same bruteforce applied to the criminal is then applyied to the next person being innocent and absent from the "1999 aust road rules" under the miscellaneous section is that police do not have authority to enforce 40 kph limited speed areas

matross