Quote:
Originally Posted by Bent Wookie
In this example, 8 km over is a violation. Why/how can you complain? Can you define the 'spirit of the law' vs. direct legislation? Does everyone share this opinion? I would suggest not.
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Keep in mind the age of my comments, but I will try to respond.
IMHO the spirit of the law is to promote safe driving. One factor in safe driving is to not exceed a certain speed. Now if I am sitting there feathering the gas pedal while constantly watching the speedometer, I am not paying proper attention to the road, and now I have created a greater risk than by exceeding the limit by a few km/h.
Even with something as "black and white" as red lights, (the light is either red, or it isn't), red light cameras will not give you a ticket unless you enter the intersection on red. If the light goes from amber to red while you are still in the intersection it won't issue a ticket; even though technically you did break the law.
It also depends on where that 8km over occurs. In a playground zone you are now 26.7% over the limit- I'd say a ticket is justified. But on the highway where the limit is 110, you are only 7.3% over the limit.
We rely on police judgement all the time. In 2004 on the Red Mile I appreciate the officer's judgement in not charging me when I mis-heard "dump your beer right now" as "down that beer right now." Yes, he would have been well within his rights to charge me with drinking in public. However the greater good was served by him giving me a stern warning and staying at his post.
I'm sure not everybody will agree on my interpretation of the spirit of the law, but hopefully that helps you understand what I was getting at.