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Offence to Sell, Use or Possess Anti-Speed Measuring Devices

Driving – Other Traffic Offences – VIC

Welcome to the VIC Offence to sell, use or possess anti-speed measuring devices article page. Everything you need to know about Offence to sell, use or possess anti-speed measuring devices according to VIC law.

What the Law States according to VIC Law for Offence to sell, use or possess anti-speed measuring devices

According to VIC Law for the charge of Offence to sell, use or possess anti-speed measuring devices:

74. Offence to sell, use or possess anti-speed measuring devices

(1) A person must not own, sell, use or possess a device the sole or principal purpose of which is-

(a) to prevent the effective use of a prescribed road safety camera or a prescribed speed detector; or

(b) to detect when a prescribed speed detector is being used.

Penalty: 20 penalty units.

(2) A person must, if required to do so by a member of the police force or an officer of the Corporation or an employee in the Department of Infrastructure (being an officer or employee authorised in writing by the Corporation or the Secretary of the Department of Infrastructure, as the case requires, in that behalf), surrender to that member or officer or employee any device referred to in subsection (1).

Penalty: 5 penalty units.

(3) A court that convicts a person of an offence against subsection (1) or before which a person is charged with an offence against subsection (1) of which the person is found guilty or to which the person pleads guilty and in respect of which a conviction is not recorded may order that the device by means of which the offence was committed be forfeited to the Government of Victoria.

(4) All devices forfeited under subsection (3) must be destroyed or otherwise disposed of as the Chief Commissioner of Police directs.

The Maximum Penalty – Offence to sell, use or possess anti-speed measuring devices

According to VIC Law for the charge of Offence to sell, use or possess anti-speed measuring devices:

1. 20 penalty units for selling, using or possessing for the sole or principal purpsoe of preventing the effective use of a presecribed road safety camer or a prescribed speed detector or to detect when a prescribed speed detector is being used. Penalty: 20 penalty units.

2. 5 penalty units failing to surrender a anti-speed measuring device, when requested by police, officer of corporation, or officer of Department of Infrastructure.

What the Police must prove according to VIC Law for Offence to sell, use or possess anti-speed measuring devices

1. That a person:
a. Possessed, or used a anti-speed measuring device
b. sold a anti-speed measuring device

Possible Defences under VIC Law – Offence to sell, use or possess anti-speed measuring devices

1. Factual dispute

In VIC which court will hear the matter – Offence to sell, use or possess anti-speed measuring devices

This offence will be heard and determined by the Magistrates’ Court.

Street Names

Use speed detector, Use anti-speed device, Sell speed detector, Sell anti-speed device

 

Date: 09/01/2009

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