Tolerance for fixed speed cameras and mobile speed cameras in Victoria

I often read people quoting there's a 10% tolerance before you'll get fined for speeding. This is a myth. The following is for the tolerance in fixed and mobile speed cameras which can be found in the following regulations document. The information here is for Victorians, but hopefully it also relates to the situation in other states.

https://content.legislation.vic.gov.au/sites/default/files/2023-06/19-88sra016-authorised.pdf

Division 3—Fixed digital road safety cameras 

35 Testing of fixed digital RSC

(b) is satisfied that the speed calculation unit is 
properly calibrated so that it indicates speed 
readings within a limit of error not greater 
than or less than 2 kilometres per hour or 
2 per cent (whichever is greater) of the true 
speeds.

Division 4—Mobile digital road safety cameras 

38 Testing of mobile digital RSC 

(b) is satisfied that the speed calculation unit is 
properly calibrated so that it indicates speed 
readings within a limit of error not greater 
than or less than 3 kilometres per hour or 
3 per cent (whichever is greater) of the true 
speeds. 

Division 5—Speed detectors

42 Testing of speed detectors 

(b) is satisfied that the device is properly 
calibrated so that it indicates the speed 
readings within a limit of error not greater or 
less than 2 km per hour of the true speeds.  

We need to keep in mind, this is the tolerance the government allows in their own equipment. If the government's equipment is accurate, then for a fixed camera that means we'd get a tolerance of 2 km/h for roads with a speed limit up to 100km/h, and 2% for roads above 100km/h.

However, if their equipment is not accurate, then their equipment could record you as going up to 2km/h (or 2% for roads above 100km/h) faster than you're actually going or record you as going slower than you're actually going.

What's important to note is the legislation is for their equipment, not your equipment or the speed you're going. 

For example, let's say the speed limit is 60km/h and you're travelling at 60km/h, but their equipment can read you as going anywhere between 58km/h to 62km/h.  Let's say you were actually doing 61km/h. The detected speed could be 63km/h and your alleged speed would then be 61km/h. In theory you could get fined for driving at 61km/h. I've read if you took this to court you could lose. Whilst at this stage I have no evidence for Victoria, I'd suspect the government would not take you to court for such a low infraction. It doesn't look good for the government and it could cause the community to lose faith in the system. Both outcomes the government wouldn't want. 

In terms of evidence for an additional tolerance however, we can see for South Australia, from the data they release for their SAPOL Expiations (think fines), for fixed and mobile speed cameras for a 60km/h speed zone, the alleged speed starts at 68km/h for fines. This indicates the South Australian government does have an additional tolerance and I suspect this would be true of other states as well. Although my instinct is that some states will have a tighter tolerance than SA. However, for speeding fines other than fixed or mobile speed cameras, (categorised as "other", which I suspect would be by police) the data does show the alleged speed can be as low as 64km/h.

Kelvin