Driver in S.A beats Red Light Camera Fine.

[EBSXR6]

Thousands of fines for red light offences issued to drivers in South Australia have been called into question after one man successfully had his fine overturned by the Supreme Court.

The finding means South Australian police will have to change how it tests the red light detection cameras or the regulations will have to change so that they don’t have to test them properly.

Adelaide motorist David Woolmer’s white Holden was pictured in an intersection at Beulah Park on March 14, 2018 while a red arrow was being displayed by the traffic lights.
But Mr Woolmer’s lawyer Karen Stanley successfully argued that didn’t prove he’d entered the intersection while the red arrow was being displayed, and the South Australian police had failed to adequately test the cameras in accordance with the regulations that dictate they be tested while a red light is actually displayed.

“The regulations set out exactly what is required by way of testing, and includes a requirement that the test needs to ensure that not only does the camera activate when a vehicle passes over the induction loops (a few metres before the intersection), but also that the camera takes exposures following a programmed delay after the induction loops are activated,” a statement from her firm Stanley Law said.

“While photographs showed Mr Woolmer’s vehicle in an intersection while the lights were red, there was no evidence that the vehicle entered the intersection on a red light.”

Stanley Law said the decision has the potential to affect all unfinalised red light camera offences issued in South Australia because police misunderstood the testing requirements.

“There will inevitably be questions asked about the impact of this judgment on all red light camera fines and charges.”

South Australian police are supposed to test the cameras while the light is red, but the court heard it only tested them while the lights were green.

South Australia’s police minister Vincent Tarzia told The Advertiser police are considering the decision.

“SAPOL has advised me that they are considering the decision of the Supreme Court. I await their further advice on this matter,” Mr Tarzia said.

Testing in accordance with the regulations would likely require police to conduct tests at night, shut intersections to do so, and have dummy drivers run red lights to test the cameras.