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Submissions for Enforcement approaches for speeding heavy vehicles - discussion paper May 2016

John Lambert

13 May 2016

I will respond in detail. And forward a document.

However you need to know that "Proposal 1: An evidentiary provision that deems a speed limiter noncompliant if a heavy vehicle is detected travelling at or above 115 km/h " CANNOT be enacted as it is provable that vehicles with compliant speed limiters can easily exceed 115 km/h on a downhill slope. NSW police are well aware of this on the Hume Freeway as they have identified sections of down grades where heavy vehicles will easily exceed the 100 kph limit if the driver does not brake heavily.

And you should check RMS legal people as I proved this fact in regard to numbers of cases where they attempted to prosecute the executives of a large transport company based on Chain Of Responsibility. All but one charge were withdrawn (and if that charge had been subject to testing in court and my expert testimony RMS would have been forced to withdraw that charge as well).

And note that the speed limiter regime as it was enacted in 1988 should never have been enacted in the current form. I was the Victorian representative (and the only member who owned and drove a truck) and argued very strongly that the limit should NOT be 100 kph as it created dangerous situations where a heavy vehicle wanted to pass another vehicle, AND it could result in a truck driver being unable to select a lower gear on a downslope causing overheating of brakes, brake fade and risks of crashes, deaths and/or trauma. I strongly pushed for 110 kph but was overruled by the other representatives because 100 kph was the speed limit.