Car, truck and fines: Motorist fury over controversial laws
When is a truck not a truck? It’s a question that has cost hundreds of South Australians thousands of dollars in fines — as well as the loss of licenses. Now the lawyers are getting involved.
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Angry motorists have contacted lawyers after being fined for speeding on the South Eastern Freeway — including one facing an 18-year licence suspension — believing they have been unfairly penalised.
In May, new rules with tough penalties, including automatic licence suspension, were introduced to stop buses and trucks speeding on the notoriously dangerous stretch from Crafers into the city.
Traffic lawyer Karen Stanley, of Stanley Law, told the Sunday Mail she had been contacted by more than 100 people who had been sent expiation notices.
“Not one of those drivers drives a heavy vehicle,” she said.
“They are all drivers of smaller trucks and buses who genuinely didn’t know that the law applied to them. And none of them were going over the 90km/h speed limit that applies to cars.”
Woods & Co Lawyers solicitor Hugh Woods told the Sunday Mail he had dealt with between 15 and 20 clients who were going to lose their jobs or business over the new laws.
“We are talking about first offenders who are losing their licences, and if you challenge, it is double or nothing,” he said.
Truck and bus drivers caught exceeding the 60km/h speed limit on the downtrack from Crafers to the intersection of Portrush, Cross and Glen Osmond roads face fines of $1036 plus six demerit points and an automatic six-month licence disqualification for a first offence.
If drivers elect to go to court and are convicted in court, the licence disqualification is 12 months.
Employers of the drivers face a $25,000 fine if they do not nominate the driver of the vehicle.
Earlier this month, the Sunday Mail revealed tourism company operators Dallas and Nikki Coull revealed it was facing a $25,000 fine after one of its drivers was caught speeding.
Ms Stanley said her clients included a driver of a Toyota Commuter van who had two seats removed so that it would not meet the definition of a bus, but was fined anyway.
Another driver, who did not know that the law applied to him, had received nine expiation notices.
“Because of the way the law is written, if he pays the fines, he will be disqualified for over 18 years,” Ms Stanley said. She has called for the State Government to place a moratorium on fines and establish a public awareness campaign.
“It is clear there was not sufficient driver education so that all drivers knew which vehicles were affected,” she said.
One of those caught driving over 60km/h on the South Eastern Freeway was Para Hills West business owner Brent Boardman, whose Ford F-350 was incorrectly registered in WA as a truck.
His wife paid the fine not knowing there would be a disqualification. Mr Boardman has tried to fight it because his ute weighs under the 4.5-tonne threshold, and is now registered in SA as a ute.
However, he said he has been told by police the disqualification will stand.
“The law is aimed at heavy vehicles but mine is not a heavy vehicle,” he said. “The sign clearly says truck or buses but my rego papers say I’m a ute.
“It is supposed to stop dickhead truck drivers coming down there too fast in heavy vehicles.”
Transport Minister Stephan Knoll said the intention of the laws was to help save lives.
“The laws were recommended by the Coroner after horrific incidents in which out-of-control heavy vehicles claimed innocent lives,” he said.
“We make no apologies for adopting the Coroner’s recommendations that will help make our roads safer and, hopefully, help prevent another tragic accident at the bottom the South Eastern Freeway.”