Red-light fines fiasco: Thousands of SA camera fines suspended, and new ones may never be enforced
All unpaid fines for being caught on camera for running a red light have been suspended – and the validity of new fines are now pending the outcome of legal advice after a Supreme Court ruling.
SA News
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Red-light camera fines have been suspended and breaches will not be enforced until problems identified by a bombshell Supreme Court judgment are resolved.
In an extraordinary move, SA Police confirmed “all unpaid expiation notices issued prior to the (October 2) judgment ” and “any offences detected from the date of the judgment will be suspended pending the outcome of the advice”.
There are up to 3000 people with currently unpaid fines.
The move has forced the RAA and police to appeal for motorists to obey all traffic light rules.
The Supreme Court left the system in chaos after throwing out a 2018 red-light camera fine because it determined SA Police camera testing and certification was flawed.
In a judgment, Justice Greg Parker found a test carried out on the camera only photographed cars travelling through the intersection on a green light – not red.
Police are now rushing to test 134 cameras in a way that will satisfy the courts, by passing test cars through red lights under controlled conditions.
An SA Police spokesman said this would not occur without challenges.
“The Supreme Court judgment requires a testing process involving police vehicles activating the red-light camera in controlled conditions,” he said.
“There are significant challenges in closing intersections to enable police vehicles to activate red-light cameras in these circumstances.
“This will inevitably cause traffic obstruction however this is unavoidable and will be managed as safely as possible to minimise disruption.”
He warned police would be on duty catching motorists trying to exploit the situation in the meantime.
“Entering an intersection against a red light is one of the most dangerous actions a person can do on our roads,” he said.
Legal advice will determine if the suspended fines can be enforced, but this would be against the findings of the court.
Only offences for running a red-light camera are suspended, including fines from the date of judgment last Friday – about 700 a day – and past fines which have not been paid – about 3000.
Law Society president Tim White has called for quick action to solve the issue.
“Red light cameras play a critical role in road safety and are the only devices that can detect vehicles running red lights, so it is absolutely crucial that this situation is rectified immediately,’’ he said.
“Given the judgment did not criticise the individual officer as such, but rather questioned the training provided to officers to test devices more generally, it is critical for the safety of motorists that any systemic issues with regards to the testing of red light cameras are addressed urgently.”
Traffic lawyer Karen Stanley, who won the case for her client, said she had been warning police for six months since the trial was finalised that it must change the testing process. RAA road safety senior manager Charles Mountain urged motorists to do the right thing.
“For the safety of themselves and other people on the road motorists must follow red light road rules,’’ he said.
The problem could also be solved by a government change to rules accepting the current testing as valid, but police advice was to change the testing regimen.