Opposition says drivers are now ‘the meat in the sandwich between police and an uncaring Labor government’

Victorian drivers will escape without on-the-spot fines due to the police pay dispute – but there are fears motorists will be at risk of more serious consequences.

Victoria Police’s protected industrial action includes a ban on handing out penalty notices. Picture: Nadir Kinani

Victorian motorists caught speeding just over the limit are being hauled before magistrates as part of the long-­running Victoria Police pay dispute.

The saga is now threatening to clog up Victorian courts as police refuse to dish out speeding and traffic fines to motorists they catch out on the road.

Instead, police are slapping drivers with a summons – ­ compelling them in front of a magistrate to respond to the charge.

The Herald Sun has been made aware of several low-level driving offences that have ended up in court in recent weeks, sparking concerns the industrial action will result in severe backlogs.

Drivers are being slapped with a summons – ­ compelling them in front of a magistrate. Picture: Brendan Beckett

In three recent cases, the drivers were each caught travelling less than 20km/h over the speed limit.

In one of those, the driver was pulled over by officers after being clocked travelling almost 100km/h in an 80km/h zone.

But instead of being hit with an on-the-spot fine and a loss of demerit points, the driver was instead sent a court date.

Court documents obtained by the Herald Sun outlined: “The accused was subsequently NOT issued an infringement notice due to police protected industrial action”.

The Herald Sun last month revealed the refusal of police to fine people for speeding had cost the state government at least $100m in potential ­revenue.

Shadow Attorney-General Michael O’Brien said Victoria already had the worst court backlogs and sending low-level driving offences before a magistrate would exacerbate the problem.

“It’s outrageous that the Allan Labor government’s failure to strike a fair wage deal with Victoria Police is now seeing motorists forced into court appearances instead of receiving a fine,” he said.

“Victorian drivers shouldn’t be forced to pay crippling legal fees because they are now the meat in the sandwich between police and an uncaring Labor government.

“A court appearance costs thousands of dollars in legal fees, time off from work and the risk of a criminal record. Labor’s incompetence is now putting ordinary Victorians at a huge financial and reputational risk”.

A Victoria Police spokesman said protected industrial action included a ban on handing out penalty notices, except in cases of drink- and drug-driving or for offences that would trigger an immediate loss or suspension of licence, such as excessive speed.

“A summons to court is among alternatives available to members,” he said. “They also retain discretion to issue a fine, can issue it at a later time under the statute of limitations or issue a warning.”

A government spokeswoman said the courts hadn’t raised the matter as a concern.

“Police have always had the choice between issuing a warning notice, a fine or a court summons,” she said. “We’ve provided more than $250m for the courts to drive down backlogs and bolster resources across the state, delivering extra magistrates and judges.”

Police command and the union returned to the Fair Work Commission on Thursday for a conciliation hearing.

Originally published as Opposition says drivers are now ‘the meat in the sandwich between police and an uncaring Labor government’