No mercy for South-Eastern Freeway speeders — despite government winding back fines

Truck and bus drivers caught speeding on the South-Eastern Freeway will benefit from softer penalties fast-tracked by the Government — but those already caught won’t be let off.

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Truck and bus drivers caught speeding on a notorious stretch of a South Australian freeway will benefit from softer penalties fast-tracked by the government.

Motorists issued with hefty fines and penalties, before the laws were relaxed on Friday, will be given no reprieve despite a plea from the SA Law Society for leniency.

Law Society President Amy Nikolovski has called for police to not proceed with ongoing prosecutions, and unpaid expiations to be reviewed, for bus and truck drivers that had been caught speeding on the down track on the South-Eastern Freeway before the relaxed penalties come following a State Government backflip.

On Tuesday The Advertiser revealed laws aimed at cracking down on speeding buses and trucks from Crafers into Adelaide would be wound back after the Government acknowledged they were too harsh.

A truck heads down the South-Eastern Freeway towards the city. Picture: AAP / Morgan Sette

Ms Nikolovski said while the Law Society understands the legal complexities of retrospective legislation when penalties have been imposed, it considers it appropriate that SAPOL does not proceed with ongoing prosecutions relating to offences under these laws, and that motorists have the ability to have their unpaid expiations reviewed.

“This could be done by the Minister and the Commissioner issuing a directive not to proceed with fines and disqualifications for those drivers who have paid their fines.

“It does not need to be done by including retrospectivity in the legislation.

“The Society notes that SAPOL took similar action to drop prosecutions and review unpaid fines following revelations that LIDAR speed guns were not properly tested in accordance with legislative requirements.”

Police directed questions to Infrastructure Minister Stephan Knoll, who said the old penalties will stand.

“The new penalties on the SE Freeway will strike the right balance between keeping motorists safe and making sure the penalties are appropriate,” Mr Knoll said.

“There has been multi-partisan support for these changes which has meant we have been able to pass these changes before the end of the year so the new penalties will apply immediately.

In September the Sunday Mail revealed police had issued more than $3.3 million worth of fines in two months as part of a crackdown on speeding bus and trucks on the road.

The Sunday Mail also revealed lawyers had been contacted by more than 100 angry motorists – including one facing an 18-year licence suspension – believing they had been unfairly penalised.

One driver had his expiation reversed after police acknowledged they had made a mistake about the size of his pick-up truck.

The tourism industry also described the laws as heavy handed.

One small tourism operator, Dennis Coull, faced a $25,000 fine if he did not dob in his driver, who was caught speeding.

The driver, who faced an automatic six month licence suspension believed the bus he was driving did not count because of its size.

Dennis Coull with his wife Nikki and daughter Tamsin. Picture: Tricia Watkinson

The State Government have:

REPEALED the six-month licence disqualification applicable to either of the 2 SE Freeway offences upon expiation of a 1st offence and reduce the disqualification periods applicable for a 2nd, 3rd or subsequent offence from 12 months, 3 years and 3 years to 6 months, 12 months and 3 years respectively;

REMOVED the ability for an Immediate Loss of Licence to be issued roadside for a 1st offence for either of the offences

REDUCED the Court imposed licence disqualification periods for 1st, 2nd and subsequent offences where the driver is successfully prosecuted for either of the 2 SE Freeway offences from 12 months, 2 years and 3 years to 6 months, 12 months and 3 years respectively;

REDUCED the current applicable body corporate levy (where no driver is nominated) from $25,000 to $5,000 where the matter is expiated and to between $10,000 and $20,000 where the matter proceeds to Court.

SA Best MP Frank Pangallo had introduced amendments in a bid to reduce the “heavy-handed” fines.