Q: Can I pay my expiation notice online?

A: Yes. Visit www.epay.police.sa.gov.au to learn more about paying your expiation notice online using your MasterCard or VISA credit card.

Q: There is more than one vehicle in the photograph. How do you know it is my vehicle that was speeding?

A: There will often be more than one vehicle travelling in the same direction in the photograph. However, this does not mean that your vehicle cannot be accurately identified as being involved in an alleged offence. If the photograph was taken by a speed camera, a template is used to mark the detection zone of the camera so that the infringing vehicle can be pinpointed and identified.

If the photograph was taken by a fixed speed camera, the infringing vehicle is identified by its position on the road and its lane of travel. A detection area, or loop, has been installed in each traffic lane and a photograph is taken as the vehicle crosses that loop.

Q: What if I was overtaking at the time?

A: You cannot exceed the speed limit under any circumstances. This includes overtaking another vehicle.

Q: I have never been reported before. Can you show some leniency because of this?

A: No. Speeding, disobeying a red traffic light or entering a level crossing when warning lights are operating are considered to be offences that endanger life.

Q: Can I be issued with an expiation notice if I am speeding through a green or yellow (amber) traffic light, or only through a red traffic light?

A: At intersections, junctions or crossings where the operation of combined red light and speed cameras has been approved, you can be detected speeding through all phases of the traffic lights (green, yellow or red). If you are speeding through a red light, a single expiation notice listing both the speeding and red light offences will be issued to you.

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Q: If I pay the expiation fee, will I also incur demerit points?

A: Yes. Demerit points will be incurred for speeding, red light or level crossing offences detected by a camera. If you hold an unrestricted licence and you accumulate 12 or more demerit points, you will face a period of disqualification from driving. Provisional licence holders will face a period of disqualification if they breach their licence conditions or accumulate 4 or more demerit points. If a provisional licence holder incurs one or more demerit points before reaching the age of 19, the period for which their provisional conditions apply may be extended.

Q: If the offence is minor or there are extenuating circumstances, can demerit points be reduced or not imposed?

A: Only a court can reduce the number of demerit points. You are advised to seek independent legal advice to consider your options.

Q: What if I did not see the speed limit sign?

A: It is your responsibility as a driver to be aware of and obey the speed limit at all times. Failure to see or be aware of the speed limit is not a ground for the withdrawal of an expiation notice or summons.

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Q: If I want to see the photographic evidence, what do I need to do?

A: You are entitled to see the photographic evidence. A copy of the photographic evidence on which the allegation is based:

(a) will, if you complete the Request for Photographic Evidence form and forward it by post to Commissioner of Police Expiation Notice Branch GPO Box 2029 Adelaide SA 5001 (or by fax to (08) 8463 4361), be sent by post to you at the address nominated by you on the form (or in the absence of a nominated address, to your last known address); and

(b) may be viewed by appointment with the Expiation Notice Branch by telephoning (08) 8463 4388.

Q: What if I was not driving the vehicle at the time?

A: If the vehicle is registered in your name, an expiation notice or summons will automatically be sent to you. If you were not driving the vehicle at the time of the alleged offence, you can nominate the driver by completing a Statutory Declaration (as the registered owner of the vehicle) and forwarding it to the Commissioner of Police. The Statutory Declaration must state that you were not driving the vehicle and provide the name and address of the person who was driving.

Depending on the information you have provided, the expiation notice or summons may be withdrawn and an expiation notice or summons issued to the driver you have named.

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Q: What if I don't know who was driving my vehicle at the time?

A: If you do not know who the driver was at the time of the alleged offence and can show that you have tried to find out his or her identity by the exercise of reasonable diligence, you can send a Statutory Declaration to the Commissioner of Police, stating the reasons why the driver's identity is unknown to you and what inquiries (if any) you have made to find out who was driving the vehicle.

The Commissioner may ask you for further evidence in support of your claim and, in relation to the question of withdrawal of the expiation notice or summons, will give due consideration to the evidence you have provided. However, owners who lend their vehicle or allow it to be taken for a test drive should record the driver's details. Failure to identify the driver in these circumstances will not be considered as grounds for withdrawal of an expiation notice or summons.

Q: What if I have sold the vehicle to someone else and I receive an expiation notice or summons?

A: You can send a completed Statutory Declaration to the Commissioner of Police, stating the name and address of the person or company to whom you sold the vehicle.

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Q: What if the vehicle is registered to a company?

A: If an expiation notice or summons is issued to a company, the expiation fee or the fine that may be imposed is higher than that payable by a natural person.

Where the registered owner of the vehicle is a company, an officer of the company acting with the authority of the company must forward a Statutory Declaration to the Commissioner of Police stating the name and address of the person who was driving the vehicle at the time of the alleged speeding or red light offence.

If the vehicle was not being driven at the time by any officer or employee of the company acting in the ordinary course of his or duties as such, and the company does not know and could not, by the exercise of reasonable diligence, have known who was driving the vehicle at the time, the officer of the company must forward a Statutory Declaration stating the reasons why the identity of the driver is not known to the company and what inquiries (if any) the company has made to find out who was driving the vehicle.

The Commissioner may ask for further evidence in support of the claim and, in relation to the question of withdrawal of the expiation notice or summons, will give due consideration to the evidence you have provided.

However, a company is expected to keep records of people who use company vehicles. Failure to nominate the driver in this circumstance will not be considered as grounds for withdrawal of an expiation notice or summons.

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Q: If I will be sending a Statutory Declaration should I also pay the expiation notice?

A: No. If you nominate another person as the driver of the vehicle at the time of the alleged offence, do not forward any payment on behalf of that person.

An expiation notice or summons will be sent to the nominated person.

If you are unable to send a completed Statutory Declaration, you must pay the expiation fee unless you choose to defend the allegation in court.

Q: What if my vehicle appears to have been involved in the alleged speeding, red light or level crossing offence, but no such offence was in fact committed?

A: You will have a defence if you can prove that your vehicle was not used in the omission of the alleged offence.

Q: I have set up a payment plan with the courts. Why have I received a reminder?

A: Expiation Notice Branch will make contact with the Courts on your behalf and update the records accordingly.

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Q: I need more time to ascertain who was driving my vehicle. Am I able to apply for an extension with the Expiation Notice Branch for this?

A: No. You only have until the due date for payment on the expiation notice to ascertain that information, otherwise you will need to contact the Courts to discuss other options.

Q: I did not receive the original/reminder notice. Do I have to pay extra fees?

A: You will need to provide proof on a Statutory Declaration that you did not receive the notice(s). Once the Statutory Declaration is received, Expiation Notice Branch will assess your application and advise you accordingly. However, Expiation Notice Branch will not consider an application if the reason for non-receipt of the expiation notice(s) was due to you changing address and NOT notifying Transport SA within 14 days of you moving to your new address.

Q: I sold the vehicle but I do not have the details of the new owner. What can I do?

A: You will need to submit a Statutory Declaration and provide proof of the sale of your vehicle. Your application will then be assessed and you will be advised accordingly.

Q: I received photographic evidence of a red light offence. Why does the first photograph show my vehicle past the stopping line when the light is red?

A: The camera only becomes active after the signal has been red for at least 0.5 of a second. Induction loops are installed into the road and act as metal detectors. A photograph is only taken when a vehicle passes over the induction loops 0.5 of a second or more after the light has changed to red. A second photograph is taken following a short delay to establish that the vehicle continued into the intersection.

Q: Can I dispute an expiation notice that someone else received?

A: No. Due to privacy reasons, correspondence will only be considered by the person to whom the notice was issued, or where written approval has been provided by the other party.

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Q: I didn't see the 50 km/h sign and thought the speed limit was 60 km/h.

A: Since 1 March 2003 the speed limit within a built-up area has been 50 km/h unless signed otherwise. In built-up areas, motorists must adopt the default speed limit of 50 km/h unless they see another speed sign indicating another speed limit.

Q: I got reported for speeding but my speedometer showed that I was doing the speed limit. What do I do?

A: A faulty speedometer may provide you with a basis on which the allegation can be excused. However documentary evidence confirming testing and results of the testing of your speedometer will be required before the matter will be considered further.

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