Case facts

Client was prosecuted for exceeding the speed limit under 15km/h in a school zone on the Great Western Highway Parramatta, and was on an RTA good behaviour licence at the time of the offence. Client argued that the signage was not ‘clearly visible’ to him, as the school zone signs were obscured by large trucks, buses and other large vehicles travelling on the road at the same time. Client was travelling under the ordinary speed limit of 60km/h.


Case result

Charge was dismissed. The Magistrate decided that the words of the legislation require that signage is ‘clearly visible’ to drivers to whom it is designed to apply. His Honour found that the signs did not accommodate the nature of the traffic on the road at the time of the offence. He added that signs must be obvious, unambiguous and absolutely clear.


Nyman Gibson Miralis provides expert advice and representation in all areas of drink driving and traffic law. Contact us if you require assistance.