ACAT refuses to withdraw fines issued to Stuart Watts after Civic speed limit change

The ACT Civil and Administrative Tribunal published its decision to dismiss Stuart Watts' fight against his fines on Wednesday, following a hearing in February.

Thousands of people caught speeding after Transport Canberra and City Services implemented a new 40km/h speed zone on parts of Northbourne Avenue, Barry Drive and London Circuit on March 23, 2021.

A three-month "grace period" from that date saw more than 20,000 drivers pinged in the area but not fined.

Offence numbers following the amnesty "exceeded all expectations", with 4672 vehicles fined for exceeding the speed limit in just over two days from 5am on June 21, 2021.

The rule changes caused a spike in traffic fine revenue and created significant community backlash.

Mr Watts, who was not detected speeding in the newly marked zone until more than a fortnight after fines began, committed six offences in the space of three weeks.

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He was only notified he had committed the first of these offences after his sixth infringement.

In the tribunal's decision, presidential member Heidi Robinson expressed some sympathy for Mr Watts, a long-time responsible driver whose quick accumulation of significant fines was "unfortunate".

"He was genuinely unaware of the change in the law. He is undoubtedly not the only one," Mr Robinson said.

Applying for five of his fines to be withdrawn, Mr Watts argued the new speed limits were not appropriately publicised and, as he was not reasonably aware of them, he could not have changed his behaviour.

The ACT government ignored road officials' recommendation to inform Canberra drivers about the lowering of Civic speed limits through a letter warning campaign.

It instead spent $78,000 on variable signage in the city and on a public information campaign.

"While the intention is right, the Northbourne Avenue speed changes reveal shortcomings in policy planning implementation," Mr Watts said.

"It failed as a deterrent and it has punished individuals who are responsible and safe drivers."

Mr Watts also noted that all of his infringements were at speeds below the pre-existing limits.

"I did not suddenly start speeding in July 2021," he said.

The respondent, being the ACT's chief police officer, said the 17 advisory signs for the 40km/h speed around Northbourne Avenue, Barry Drive and adjacent streets were appropriate.

The police chief also stated the public had been adequately notified of the changes through communication that included radio advertisements, 20 media articles, variable message signs and significant social media coverage.

Ms Robinson acknowledged Mr Watts' "sense of injustice" regarding the circumstances under which he had been fined but was ultimately not satisfied the driver could not have been reasonably aware of the speed limit change.

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