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Speed camera tolerances: Fact vs. Fiction

Key Takeaway

New Zealand law requires drivers to adhere strictly to posted speed limits. There is no statutory "tolerance" for speed cameras; exceeding the limit, even slightly, is legally an offence. While enforcement agencies may have operational guidelines, these are not legal rights. Evidence from approved speed cameras is generally admissible in court.

New Zealand's road safety framework places a strong emphasis on speed limits to prevent serious crashes and save lives. Speed cameras play a role in enforcing these limits. This article outlines the legal position regarding speed limits, speed camera evidence, and the common misconception of a legal 'tolerance'.

Speed Limits and the Law

Drivers in New Zealand are legally required to comply with the speed limits set for specific roads [Source: Land Transport (Road User) Rule 2004, rule 2.1]. Exceeding the posted speed limit is an infringement offence [Source: Land Transport Act 1998, s 22(1)(a)]. Speed limits are determined by various factors, including road design, environment, and potential risks.

Speed Camera Technology and Evidence

Speed cameras, also known as approved vehicle surveillance equipment, are used by enforcement officers to detect speeding offences [Source: Land Transport Act 1998, s 136]. When a vehicle is detected exceeding the speed limit by such equipment, an infringement notice may be issued.

Evidence from an approved device is generally admissible in court [Source: Land Transport Act 1998, s 138(1)]. A certificate provided by an enforcement officer stating facts about the use of such a device is presumed to be accurate, unless evidence to the contrary is presented [Source: Land Transport Act 1998, s 138(2)]. This means that the readings from speed cameras are legally presumed to be correct unless they can be disproven. The registered owner of a vehicle detected speeding by an approved device is presumed to have been the driver at the time of the offence, unless another driver is nominated [Source: Land Transport Act 1998, s 133, s 134].

The Concept of "Tolerance" in Law

A common belief is that there is a legally mandated 'tolerance' or 'buffer' (e.g., 4 km/h) above the posted speed limit within which drivers will not be ticketed. However, there is no statutory provision in New Zealand law that establishes such a tolerance [Source: Land Transport Act 1998; Land Transport (Road User) Rule 2004].

Legally, the speed limit is the absolute maximum speed allowed. Exceeding this limit, even by a small margin, constitutes an infringement offence [Source: Land Transport Act 1998, s 22(1)(a)]. Any operational guidelines or discretion exercised by enforcement agencies regarding the issuance of infringement notices at speeds slightly above the limit are matters of internal policy, not a legal entitlement for drivers. The law defines the speed limit; enforcement policy dictates how strictly or with what operational buffer that law is applied in practice.

Penalties for Speeding

Penalties for speeding offences typically involve a fine and demerit points [Source: Land Transport (Offences and Penalties) Regulations 1999, Part 2, Schedule 1]. The severity of the fine and the number of demerit points increase with the degree to which the speed limit was exceeded. Accumulating too many demerit points within a certain period can lead to the suspension of a driver's licence.

Challenging a Speeding Infringement

If a person receives a speeding infringement notice and wishes to dispute it, they can generally choose one of the following options:

  • Explain: Write to the enforcement agency (e.g., New Zealand Police) to provide an explanation or request a review of the infringement.
  • Elect a Court Hearing: Request that the matter be heard in court. In a court hearing, the person would have the opportunity to present their case and any evidence they have to challenge the infringement [Source: Land Transport Act 1998, s 138(2) on challenging evidentiary presumptions].

When to Seek Independent Legal Advice

When facing a speeding infringement, particularly if there is a desire to challenge it in court, or if there are concerns about accumulating demerit points or licence suspension, seeking independent legal advice is recommended. Community Law Centres offer free legal information and assistance for various legal matters, including traffic offences. Individuals can also consult with private lawyers specialising in traffic law. Information and assistance can also be sought from relevant government agencies.

Community Law Centres: https://communitylaw.org.nz/

Key Resources