Legal challenges to AI traffic fine system

Dec 28, 2023 ·

The Queensland government’s new automated traffic fine system is facing a legal challenge after one driver argued that it was unconstitutional. The system, introduced by the state in April 2021, allows police to issue on-the-spot fines for speeding and other traffic offenses without requiring a court appearance. The driver, named in court documents as John Doe, has launched a case against the system in the Supreme Court of Queensland arguing that it breached his right to due process under the Australian Constitution.

Doe argues that, because the fines are issued by computer algorithms rather than a human being, they do not provide the right to appeal or explain mitigating circumstances. He claims that the system breaches his rights to natural justice and that it has resulted in excessive fines due to its lack of discretion. His case states that the Traffic Camera Office (TCO) of the Queensland Police Service had “refused to accept any explanation or mitigating circumstances that he sought to put forward”.

The case is likely to be closely watched by other Australian states which have either adopted similar systems or are looking at doing so. It also raises broader questions about the use of artificial intelligence technology in law enforcement.

Australia’s federal government has previously warned of the potential for AI-powered decision making to lead to “unfair outcomes” and ethical concerns. Recent reports have raised other issues such as privacy violations, discrimination and algorithmic bias.

The Queensland government has defended its system, claiming that it is efficient and effective in enforcing the law. It has argued that the system does provide drivers with an opportunity to dispute a fine if they believe it is wrong. It also points out that the fines it issues are lower than those imposed by magistrate courts.

The court hearing is expected to take place in early 2024. If John Doe succeeds in his case, it could set a precedent that requires changes to existing automated fines systems across Australia. It could also influence how other government authorities employ AI technology more widely in future.