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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22315
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I received a speeding ticket on my motorcycle travelling at

Customer Question

Hi, I received a speeding ticket on my motorcycle for allegedly travelling at 126kph on the northern motorway in Auckland by way of laser gun.
I sent an email to the police contesting on the grounds that I was not travelling at the alleged speed and that the reading must of been taken from another vehicle in my vicinity or an equipment fault. I also contested it on the fact that I believe the officer was parked in a covert position when he recorded my alleged speed.
They replied rejecting both reasons. I understand it is very difficult to have the infringement dismissed based off incorrect vehicle identification or faulty equipment.
As far as being in a covert position the response I received was: The officer in a marked patrol vehicle parked on a motorway ramp using a speed device would not be concealed or hidden
The question I have is that I believe that the officer must be in an overt position not covert. He was parked up the Silverdale onramp in a marked patrol car and although visible to the traffic entering the motorway via the onramp he is making himself intentionally concealed to the traffic approaching already on the motorway which would put him in a covert position to that particular traffic which would mean he obtained my alleged speed illegally so therefore he had no right to obtain my speed?????
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.

The Land Transport Act and the regulations do not state that a police officer must be in an overt position when they issue speeding tickets. The issue is whether the evidence has been collected according to the act and regulations, and so if they used an approved radar device, it doesn't matter if they did so while concealed. This type of infringement is what is called strict liability, so that once there is evidence of speeding, you can raise issues of reasonableness in the method of collecting the evidence.

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