200 Year old law to be used to avoid speeding fine in court

A top Queensland barrister will use case law dating back 200 years to try to avoid a $146 speeding fine.

Tony Morris QC is mounting a landmark legal challenge against Queensland's speed-camera laws, The Courier-Mail reports.

Mr Morris says he wasn't driving when his Volvo was photographed doing 57km/h in a 50km/h zone last year.

But he won't say who was behind the wheel.

He has invoked a spousal privilege case from 1817, arguing it's unconstitutional for a Queensland court to fine him when there's evidence he was not the driver.

He says he was in a meeting with top judges when the Volvo was snapped, and they are willing to testify that he was with them.

He argues the spousal privilege principle, established in England 200 years ago, means a husband can't be compelled to provide information that incriminates his wife

 "I decline to identify the person who was in charge of the vehicle at the relevant time," Mr Morris reportedly wrote in a letter to the Department of Transport

 

Earlier this year, Mr Morris wrote to federal, state and territory attorneys-general saying he planned to challenge parts of Queensland's speed-camera laws.

Under the laws, the registered owner of a car has two options: name the driver or say they don't know who was driving. Car owners can't, under the law, say they know who the driver was but refuse to give a name.

Mr Morris has told The Courier-Mail he can't see why he should dob someone in for driving the car when the legislation is invalid.

He said the Volvo caught by the speed camera was not his usual car, but would not tell the paper who usually drove it.

The case will go to the Court of Appeal within weeks.

Image: Today / Nine News

Autonomous vehicles are expected to be commonplace by 2040

STEPHEN LAM/Reuters/Corbis via wired.com

An autonomous car just drove across the USA. Nine days after leaving San Francisco, the car rolled into New York City after crossing 15 states and 3,400 miles to make history.

99 percent of the driving was done by the car on its own, a human behind the wheel only when it was time to leave the highway and hit city streets. This amazing feat, by the automotive supplier Delphi, underscores the great leaps this technology has taken in recent years, and just how close it is to becoming a part of our lives.

You’d have to look twice to spot the cameras and LIDaR around the car; the radars are hidden behind plastic body panels. Even the trunk looks ordinary, which is quite a feat—Delphi packed all the necessary computers in the spare tire compartment. That was intentional, Owens says.

“We were kind of going for the remarkably unremarkable look.” The reason for this modesty is any tech Delphi pitches to automakers has to be unobtrusive and production-ready.  Today, most of the world’s major automakers are working on autonomous technology, with Audi, Mercedes-Benz, Nissan, and Volvo leading the pack. Google may be more advanced than anyone: The tech giant says its self-driving cars are so far along, they can recognize and respond to hand signals from a cop directing traffic.

Most automakers are taking a slow and steady approach to the technology and plan to roll it out over time. Most expect to have cars capable of handling themselves in stop and go traffic and on the highway within three to five years. Cars capable of navigating more complex urban environments will follow in the years beyond that, while fully autonomous vehicles are expected to be commonplace by 2040.

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Is it now easier for motorists to get away without paying Vehicle Excise Duty?

The abolition of the tax disc October 2014 raised fears it would become easier for motorists to get away without paying Vehicle Excise Duty.

The  DVLA says that, despite some motoring organisations warning that the change could lead to a sharp rise in the number of untaxed vehicles, "the vast majority of drivers continue to tax their vehicles on time". A spokesman adds: "Since 1 October, more than 16-and-a-half million drivers have taxed their vehicles – with over 70% doing it online, more than ever before."

The DVLA is confident that the new system will not see more tax evasion. This is mainly because even before its abolition, the tax disc was not the chief means of ensuring VED had been paid.

The DVLA staff rely on its own database to see who has failed to tax their vehicles, with the keeper of an untaxed car sent a penalty notice in the post. Fines for failing to pay tax can be steep: there is a potential fixed-penalty notice fine of £50 and untaxed vehicles can be clamped, with a £100 release fee charged. A £160 surety also has to be paid before the vehicle is released, although this is refunded provided the vehicle is taxed within two weeks.

ANPR cameras are also used to catch offenders, says Ian Crowder at the AA. "There is the risk that the abolition of tax disc will encourage some people to believe these things won't be followed up," he adds. It would appear however that changes to the vehicle tax system that were introduced at the same time as the disc was phased out are catching some motorists out.

These changes meant that tax on a vehicle no longer carries over to a new owner as it did before October 2014 making it the responsibility of the buyer to pay tax immediately even if the vehicle is only part way through its current tax year. (the seller will automatically get a refund of any tax remaining when they sell it)

 "This simplifies the process of buying and selling used vehicles as now all new keepers must tax the vehicle before they use it rather than having to find out if it’s taxed or whether the seller has had the tax refunded."

Taxi driver narrowly avoids jail after speeding lie

62-year-old Mohammed Malik claimed a mechanic was driving his Toyota Avensis when it was clocked traveling at 37mph in a 30 zone in Washwood Heath Road, Birmingham, in April last year.

Officers then wrote to the mechanic, only to have the letter returned saying he no longer lived at the address given. They also visited the address and found it was a residential property that had never been a garage.

This aroused more suspicion, so police then spoke to the cabbie's firm to get a print out of his journeys on the day in question - they clearly showed Malik had actually picked up a fare at the time, with the person clearly visible on speeding camera footage sitting in the back seat. Still, Malik insisted it was his mechanic at the wheel.

With the evidence stacking against him, Malik finally admitted the speeding offence and was subsequently charged with perverting the course of justice for lying about who was behind the wheel.
The driver, of Coleshill Road, Ward End, pleaded guilty to the charge and on 31 March he was handed a four month prison sentence - suspended for 18 months - plus 80 hours unpaid work and costs of £400. He was also banned from driving for six months.

PC Steve Jevons said "Malik may have avoided jail but the suspended sentence is hanging over him for the next year-and-a-half and it’s likely he will now be stripped of his taxi licence. With no livelihood, clearly this will have a huge impact on his life and he will have to ask himself if all his lies were worth the risk. We hope this case serves as a warning to others that lying to the police and the authorities is a serious offence and can ultimately land you behind bars."

Could driverless cars own themselves?

Emancipated automobiles sounds like a crazy concept (cars that own themselves). But his is a "thought experiment" to inspire by Mike Hearn.

Mr Hearn is a Zurich-based software developer is both an ex-Google engineer and one of the leading Bitcoin software developers.

At the heart of his vision is the idea that once driverless cars become commonplace, most people won't want or need to own a vehicle any more. And in a world dominated by self-steering taxis, each ride becomes cheaper if the vehicles are autonomous rather than owned and run by major corporations.

Instead of controlling which car goes where via proprietary software, the cars would communicate with people and the surrounding infrastructure via a new internet-based commerce system, he dubs the Tradenet.

"You would be using an app that goes onto Tradenet and says: 'Here I am, this is where I want to go, give me your best offers,'" the developer says.

"The autonomous taxis out there would then submit their best prices, and that might be based on how far away they are, how much fuel they have, the quality of their programming.

"Eventually you pick one - or your phone does it for you - and it's not just by the cheapest price, but whether the car has a good track record of actually completing rides successfully and how nice a vehicle it is."

The car, in turn, would communicate with the sensor-equipped roads it drives on, offering its passengers the ability to pay extra to go in faster lanes or unlock access to shortcuts - the cost of which would be determined by how many others wanted the same thing.

One expert, who has considered the proposal, suggested it was both "realistic and idealistic" at the same time.

Realistic, because the technologies involved are likely to become available within the next 10 to 20 years. Idealistic, because it flies in the face of how the car industry works.

To hear more about Mike Hearn's idea of self-owning cars you can watch his presentation on the subject.

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thanks to rail works there are 16MILLION cars due to hit the road for Easter

This Easter weekend Britain is facing gridlock as engineering works on the railways and the Bank Holiday getaway coincide. 

As many as 16 million motorists are set to take to the roads over Easter, with four million traveling on Good Friday and 4.5 million on Easter Sunday.

'The first spring bank holiday of the year traditionally heralds the start of busier weekends on the nation's roads,' said RAC head of external affairs Pete Williams.

He went on: 'This Easter is set to be a hectic one with 16 million of us getting behind the wheel for an Easter break, but at least we will benefit from the longer days and lighter evenings to complete our journeys.' 

The Highways Agency is also maintaining 55 sets of roadworks over the Bank Holiday weekend meaning Parts of the M1, M3, M4 and M6 likely to be hit by lane closures or speed restrictions. ( they are lifting 62 roadworks temporarily to ease the congestion).  

The increase in the number of people planning to travel by car is thought to have been in part triggered by a significant shutdown of the rail network including the West Coast main line, First Great Western and Greater Anglia - forcing passengers to make diversions on slower trains or spend hours on the dreaded replacement coaches. 

Network Rail said engineering works were planned over the Easter holidays because passenger numbers fell by 20 per cent. 

In a move that has been described by an expert as 'adding insult to injury', Virgin Trains and London Midland have cancelled advanced cheap fares forcing passengers to purchase more expensive off-peak tickets. 

Both Virgin and London Midland say they cannot offer advance fares as the tickets would not be valid with other operators and replacement services. 

The gloomy weather forecast this Bank Holiday weekend will increase the traffic on Britain's roads as travellers go abroad in search of sunshine.

Figures from Gatwick airport show that more than two million passengers are expected to fly off for foreign holidays over the Easter break - a four per cent rise on the same period last year.

Almost 50,000 more people than last year have bought air tickets for travel over the Easter weekend compared with last year. Barcelona, Dublin and Malaga are the most popular destinations. 

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Our 30mph limit was "pulled out of a hat"

Back in 1934, just prior to the introduction of the 30mph speed limit, there were only around one-tenth of the cars on the road today, but four times as many associated deaths.

There had previously been a blanket 20mph speed limit, set in the 1903 Motor Car Act, but it was repealed for light vehicles in 1930. The spate of deaths caused a change of heart in government in 1934 and 1935, with 30mph brought in for built-up areas.

You might think that 30mph was chosen using scientific evidence but you would be wrong....

"It was pulled out of a hat," says Rod King, founder of the 20's Plenty for Us campaign, which believes that the 30mph limit today is no longer appropriate, credible or acceptable.

"The 30mph limit is compromised beyond belief," says King. Cities including London, Manchester, Birmingham, Bristol, Bath, Cambridge, Liverpool, Oxford, Brighton, Newcastle and Edinburgh, have introduced 20mph limits on some roads in their jurisdiction. The Lib Dems have even considered 10mph limits in some areas.

While motoring organisations the RAC and the AA have expressed support for 20mph limits outside schools, they oppose a blanket change from 30 to 20.

Today there are three typical speed limits across the UK:

• a 30mph limit on roads with street lighting (which is taken to indicate a built-up area)
• a 60mph national speed limit on single carriageways
• and a 70mph top speed on dual carriageways and motorways

The limits are meant to keep everybody safe. The Department for Transport (DfT) says that for every 1mph the average speed of vehicles reduces on roads, there are 6% fewer accidents.
Speed limits should be "evidence-led and self-explaining", the DfT explains, and "should be seen by drivers as the maximum speed rather than as a target speed at which to drive irrespective of conditions". Road safety in the UK is relatively good, with one death on the roads for every 20,000 cars.