Hotelier Peter Franzon wins legal challenge over South Eastern Freeway heavy vehicle fine
Stung motorists are being warned to check the fine print after another succesful court challenge linked to a major freeway.
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Motorists are being warned to read the fine print on speeding fines for one of the state’s busiest intersections after another successful legal challenge.
Hotelier Peter Franzon, pictured, is urging motorists with fines for the South Eastern Freeway downtrack from Crafers to the intersection of Portrush, Cross and Glen Osmond roads to seek a lawyer before paying.
He was driving a minibus for his niece’s birthday, and was later fined for driving a heavy vehicle. The issue has again put a spotlight on tough penalties introduced almost 12 months ago for the notorious stretch of road – but watered down after several Sunday Mail stories.
Adelaide lawyer John Lewis, who represented Mr Franzon, has warned there are still many people who could face the tough penalties.
Police issued more than $3.3 million of fines in just two months alone – between May and June – before the laws were modified in December.
Mr Franzon faced a $1036 fine, six demerit points and an automatic six-month licence suspension. He was travelling about 70km/h, well under the 90km/h limit for the vehicle he was driving. But because Mr Franzon was deemed to be driving a heavy vehicle, he was fined for travelling in excess of the 60km/h limit.
Mr Lewis said that the legislation was well intentioned but had had significant unintended consequences for drivers of minibuses, vans and larger utility vehicles, including the Ford F350 and Dodge RAM. “Driving these vehicles, you may be treated the same as if you were driving a B-double truck,” Mr Lewis said.
“This law unfairly targets normal law-abiding people who are not driving heavy trucks or large buses.
“Although the Government has since amended the law that a six-month licence disqualification does not apply for a first offence, the new law is not retrospective and, therefore, the penalty remained in place for my client and anyone else who allegedly offended under the old law. Be wary about immediately paying an expiation notice in these circumstances.
“If you do pay, and don’t challenge the expiation notice, including not seeking a court hearing to argue your matter or seeking a review of the expiation notice, it is extremely difficult to have it reconsidered.”
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Because the minibus was incorrectly registered as a heavy vehicle, SAPOL reversed the suspension. Mr Franzon has a simple message for others who get a fine and licence suspension. “Don’t pay them, just fight,” he said.
“I thought it was a bit rough. Not having a licence is such an inconvenience. It’s great to have it back.”
In February, SA Best MLC Frank Pangallo urged Police Commissioner Grant Stevens to “do the right thing” and withdraw unpaid speeding fines, and reverse automatic licence bans.
At the time a SAPOL spokeswoman said Mr Stevens may be able to use discretionary powers to do so.
“We are still waiting for legal advice regarding discretionary powers re speeding fines,” she said at the time.
Police did not respond to questions about the progress of that legal advice.