Hooning Laws.. Whats the deal

[gozza]

Can your car be confiscated on spot for a burnout with no prior warnings under the hoon legislation?

I happened to be in a little misunderstanding with a copper and he thought he could take my car for 3 months on the spot....i told him i haven't had a fine in year and a half....amidst a few other sob stories and i just got a fine

whats the deal?

[crannersEL]

I've heard, correct me if im wrong that in Victoria the new hooning Laws allow the police to take a persons car after they have had 3 warnings, its on the 3rd where they take you car for a month i think??

Warnings 1 and 2 are fines only i think...

My mate told me this information the other day not sure how correct it is...

And its only if your caught doing dangerous un needed things on the road, eg drag racing, drifting and burnouts.

[fiery]

I think that is correct here also....
Might pay to check the Legislation though to make sure.
But the fact the officer ended up just giving you a fine I would think you were correct. If he really wanted your car, it wouldn't have mattered how much you argued or stamped your feet (or told him sob stories)

[gozza]

i wasn't disagreeing with him...i had done the wrong thing...i just thought that a warning should be brought forth beware an on the spot confiscation...maybe he was just trying to come off a hard a55

[Streeter]

i was lead to beleve they can take your car at any point for upto 3 mounths on the third strike its game over and they auction your car and cancel rego with all proceeds goin to ses and police thats what the story goin around here is any way as a few guys from moe had there cars taken and they were advertised for auction the other day

[mcflux]

Sounds like somebody's been watching A.C.A.

I'll give you a hint: between you and the constabulary, it wasn't you.

[FordFan86]

Originally Posted by gozza

whats the deal?

The deal is don't act like a ******** on the roads. And if you're dumb enough to do so, make sure there are no cops around beforehand...

[gozza]

theres always gonna be one

i wanted to know what they can and can't do with regards to the hoon legislation...
im already aware of what i have done

btw way...the reason people need big pedistools is so they can get off there big horses

[fiery]

Originally Posted by gozza

theres always gonna be one

i wanted to know what they can and can't do with regards to the hoon legislation...
im already aware of what i have done

btw way...the reason people need big pedistools is so they can get off there big horses

gozza I have been looking at the hooning laws and can let you know once I read through all the jargon.. But, as I said before, I am sure you are right about the 3 warnings thing (meaning 3 fines)... but don't quote..

I wasn't saying you argued about what you did, but I misunderstood your wording about having a misunderstanding with the officer..
I was sure you meant you stood your ground about him not being able to take your car, which is why I made my comment (now I am just confusing myself) :

Gawd the legislation stuff never gets any easier to read :

[gozza]

Cheers Firey....When i said misunderstanding...it was tongue in cheek

he said striaght up he could take it then and there....i didn't think so but i didn't know any better...he asked me why he should let me keep it so i told him...

its all good....i was just wanting a little confirmation.....

[4.9 EF Futura]

I thought they could impound on first offense, for a week or so... then 3 months for 2nd offence.... then sell the thing on your 3rd...

[F6T]

The rules in Tassie are as follows:
1. It is an offence to drive in a manner that makes or emits unnecessary and unreasonable noise or is in an exhibition of speed, acceleration or sustained loss of traction or is in a race against another vehicle (i.e. “hooning”).
2. If a police officer reasonably believes that one of the above offences has been committed then they may confiscate the vehicle (but a police officer must not confiscate a vehicle more than 10 days after the commission of the prescribed offence).
3. For the purpose of confiscating a vehicle, a police officer may enter the vehicle, with the use of reasonable force if necessary and take any other action reasonably necessary for confiscating the vehicle. If you obstruct them, you can be fined up to $2,000.
4. If it’s a first offence (or you haven’t been convicted of honing in the previous 12 months) then they can take it for 48 hours.
5. If it’s a 2nd offence (within the last 12 months), then they can take it for up to 3 months.
6. If it’s the 3rd offence (within 12 months) then they can pretty much take it indefinitely – or at least until the resolution of all previous matters.
7. That means, that they can take it on a first offence – so there is no ‘three strikes and your out rule here’.
8. The driver is liable for the costs associated with confiscation (unless they are found not guilty of the offence – in which case, the Crown pay).

9. Under our legislation, the car cannot be sold unless it is unclaimed after 2 months from the date that the confiscation period ends.

That's how it is in my neck of the woods. Sounds pretty similar though to other states.

[frost]

Legistation in victoria shouldnt be in yet!

[FRDXR6]

Yeah i think Vic laws come in June/July sometime...

Also i thought the new laws in vic go like this:

Offence 1 - car can confiscated for 24hrs
Offence 2 - car confiscated for 3-6 months
Offence 3 - car confiscated and sold at auction

[gozza]

thnx for that madxh.....i tried to look up the QLD legislation but i can't find anything and i don't have too much time to search

id assume it would basically the same which would mean he wasn't lying when he said he could confiscate it then and there.......althought he did lie about the 1st offence time limit

[F6T]

Gozza, if I get a moment I will look it up for you and post a further reply.

[sven]

Originally Posted by FRDXR6

Yeah i think Vic laws come in June/July sometime...

Also i thought the new laws in vic go like this:

Offence 1 - car can confiscated for 24hrs
Offence 2 - car confiscated for 3-6 months
Offence 3 - car confiscated and sold at auction

^^^^^^^^^^^^^^
Yeah this is the right rules for melbourne/victoria. easiest thing is if you wanna do that stuff, take it off the streets.

[gozza]

yes i know......i was fully aware...all i can say in my defense i over whelmed by my new brakes and needed to do a celebration dance....ive not once complained about the fine you know...

i appreciate you looking it up madxh...thnx again

[Ozfords]

This is what I learnt from Goulburn.

You can get more from here: http://www.austlii.edu.au/au/legis/nsw/consol_act/


ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 218

Removal and impounding of vehicles used for certain offences
218 Removal and impounding of vehicles used for certain offences

(1) A police officer who reasonably believes that a motor vehicle:
(a) is being or has (on that day or during the past 10 days) been operated on a road so as to commit an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999 , or
(b) is the subject of a period of impounding, or the subject of forfeiture, under section 219,
may seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner of Police.

(2) A motor vehicle may be seized under subsection (1) from:
(a) a road or public place, or
(b) any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 228.

(3) For the purpose of exercising the powers conferred by subsection (1), a police officer may cause any locking device or other feature of the motor vehicle concerned that is impeding the exercise of those powers to be removed, dismantled or neutralised and may, if the driver or any other person will not surrender the keys to the vehicle, start the vehicle by other means.

(4) Any motor vehicle removed to a place in accordance with subsection (1) may, subject to the regulations, be impounded at that place or may be moved to and impounded at any other place determined by the Commissioner.

(5) A motor vehicle that may be removed under subsection (1) or (4):
(a) may be moved by its being driven, whether or not under power, or by its being towed or pushed, or in any other manner whatever, and
(b) may be moved by one or more police officers or, at the direction of a police officer, by persons engaged by the Commissioner, and may be impounded at premises under the control of the Commissioner or of another authority or person.

(6) The regulations may make provision for or with respect to requiring the responsible person for or driver of a motor vehicle to pay a fee in relation to the towing of the vehicle under this section. The whole or any part of the fee that is unpaid may be recovered from the responsible person or driver of the motor vehicle by the Commissioner as a debt due to the Crown in any court of competent jurisdiction. A certificate in writing given by a police officer as to the fact and cost of towing is evidence of those matters.


ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 40

Races, attempts on speed records and other speed trials
40 Races, attempts on speed records and other speed trials

(1) A person must not organise, promote or take part in:
(a) any race between vehicles on a road or road related area, or
(b) any attempt to break any vehicle speed record on a road or road related area, or
(c) any trial of the speed of a vehicle on a road or road related area, or
(d) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road or road related area,
unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.
Maximum penalty: 20 penalty units.

(2) The Commissioner of Police may:
(a) grant or refuse approval to the holding or making of a race, attempt or trial referred to in subsection (1), and
(b) impose any condition (whether of general or limited application) on the approval that the Commissioner considers necessary in the interests of public safety and convenience.
Note: Section 48 (1) of the Road Transport (General) Act 1999 provides that a person aggrieved by a decision of the Commissioner of Police under this subsection may apply to the Administrative Decisions Tribunal for a review of the decision.

(3) A person taking part in (or the organiser or promoter) of any race, attempt or trial referred to in subsection (1) must comply with any condition imposed on an approval granted under subsection (2) in respect of the race, attempt or trial.
Maximum penalty: 20 penalty units.

(4) If a person is convicted by a court of an offence under this section in relation to a motor vehicle or trailer:
(a) except as provided by paragraph (b)—the person is disqualified from holding a driver licence by the conviction and without any specific order of a court for 12 months, or
(b) if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order.
Note: Section 26 of the Road Transport (General) Act 1999 provides for the effect of a disqualification (whether or not by order of a court).

(5) Any disqualification under this section is in addition to any penalty imposed for the offence.

(6) This section does not apply to any test of the slow running of a vehicle.

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 41

Conduct associated with road and drag racing and other activities
41 Conduct associated with road and drag racing and other activities

(1) A person must not, on a road or road related area, operate a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle.
Maximum penalty: 5 penalty units.

(2) A person must not operate a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road or road related area beneath one or more tyres of the vehicle.
Maximum penalty: 7 penalty units.

(3) In any proceedings for an offence under subsection (1) or (2), it is a defence if the person charged satisfies the court that the vehicle, although operated as referred to in subsection (1), was not so operated deliberately.

(4) A person must not, on a road or road related area, engage in conduct prescribed by regulations made for the purposes of this section, being conduct associated with the operation of a motor vehicle for speed competitions or other activities specified or described in the regulations.
Maximum penalty: 5 penalty units.

(5) Nothing in this section applies to the operation of a motor vehicle for the purposes of a race, attempt or trial undertaken in accordance with an approval given under section 40 by the Commissioner of Police.

[fiery]

gozza
I read all the relevant pages (wishing desperately I hadn't now lol).. but basically it is up to the officer..
1st offence, yes they can impound your car for up to 48hours.
2nd offence etc , they can impound up to 3 years

There is so much reading there (and I know I have it jumbled in my head so I wont go any further with info- was reading 2 other pieces of Legislation at the same time : )

Anyway, if you are interested in checking it out yourself. the link is:


http://www.legislation.qld.gov.au/Se...cdb3/1/hilite/

[gozza]

thnx heaps fiery and fellas,
i appreciate you looking itup and summarising it.
:evil3:

[24CIT]

In QLD, the rules are as follows:
1st: Car taken for 48 hours, 6 months loss of licence
2nd: Car taken for 72 hours, licence on judge's discretion.
3rd: Car taken and sold at auction, licence on judge's discretion again.

(Well, as far as I know)

The police only require 3 witnesses to each offence.
Not sure if this helps you or confuses you even more

[gozza]

its all good mate...i got 240 buck fine and 2 points on the spot....i still have my car which is the main thing...and my license