Infringement Notices for Camera Detected Offences (e.g. speeding or red light camera)
If it is alleged that you have committed a camera detected offence (e.g. speeding offence or a red-light camera offence), then you will likely be sent an Infringement Notice- Photographic Detection Offence in the mail.
What details should the infringement notice include?
The infringement notice should include:
- A number for the notice.
- Date of the notice.
- The alleged offender’s full name, or surname and any initial, and address.
- In relation to the offence, particulars clear enough to show the nature of the offence.
- the place the offence was committed.
- the time and date of the offence.
- The following vehicle particulars:
- registration number.
- body type.
- if relevant, the number of passengers in the vehicle.
- the fine for the offence and how and where the fine may be paid.
I have been issued an infringement notice for a Camera Detected Offence (e.g. speeding or red light camera), what do I do?
If you have been issued an infringement notice, you must, within 28 days:
(1) Pay the fine in full to the administering authority; or
(2) Elect to have the matter decided in a Magistrates Court; or
(3) Give to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence.
What happens if I pay the fine?
If you pay the fine, then any demerit points associated with the offence will be allocated to you and entered in your traffic history.
What happens if I elect to have the matter dealt with in the Magistrates Court?
If you elect to have your matter dealt with in the Magistrates Court, then you will be sent a summons from the Court with a date to attend Court for a mention of your matter. The mention of your matter is not a hearing of it, however the Magistrate will want to know what you are planning to do with the matter.
You should seek legal advice before electing this option, because if you ultimately plead guilty to the offence and are sentenced, you may be ordered to pay costs of court in addition to any penalty you receive. You will also be sent an offender levy in the mail from the Government, which is currently $114.80.
What if I wasn’t driving the vehicle at the time of the offence?
If an infringement notice is served on you for an offence involving a vehicle and you are the owner of it at the time of the offence; you are presumed to have committed the offence even if you were not the actual offender. However, if you were not driving the vehicle at the time of the offence, then you should complete a statutory declaration stating this. There are 3 types of statutory declarations you can complete: –
(1) Illegal User Declaration– you would use this if your vehicle has been stolen and the offence was committed. You will need to state when your vehicle was stolen and the police station where the theft was reported to and the relevant Queensland Police Crime Report Number.
(2) Known User Declaration– you would use this if you know who was using the vehicle at the time of the offence. You will need to provide the user’s details in the declaration.
(3) Sold Vehicle Declaration– you would complete this declaration if you had sold the vehicle to someone else and the offence was committed after this. You will need to include the details of the person whom you sold the vehicle to.
If you complete a Statutory Declaration and it is accepted by the Queensland Police Service Traffic Camera Office, then you should receive a Withdrawal of Infringement Notice letter stating:
The infringement notice has been withdrawn as a result of a Statutory Declaration being processed for this notice.
lf there was any enforcement action taken against you by the State Penalties Enforcement Registry (SPER), that action will cease.
lf a payment was made on lnfringement Notice Number XXXXXX, you are advised to contact Queensland Transport (132380).
What the letter doesn’t tell you is that you should contact Queensland Transport to ensure they have not entered the offence on your traffic history. We have had situations where clients have still had the offence entered on their traffic history despite receiving the Withdrawal of Infringement Notice letter from the Queensland Police Service.
If you do send in a Statutory Declaration and receive the Withdrawal of Infringement Notice letter contact Queensland Transport to make sure they have not entered the offence on your traffic history.
Call us today on 3172 7100 and speak to an expert Brisbane Traffic Lawyer today.
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