New Hoon Laws

[ZAP]

Note: 1 Penalty Unit = $110

The important bits are pretty much below (I've pulled info from the relevant acts to make it easier to read)

Regards to Burnouts/Loss of Traction

Subsection (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 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.

(2) A person must not:

(a) 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, or

(b) do, or omit to do, any other thing that prolongs, sustains, intensifies or increases loss of traction as referred to in subsection (1), or

© repeatedly operate a motor vehicle contrary to subsection (1), or

(d) operate a motor vehicle contrary to subsection (1) at a time, or on a road or road related area in a place, knowing that there is an appreciable risk that operation of the vehicle in that manner at that time and place is likely to interfere with the amenity of the locality or the peaceful enjoyment of any person in the locality or make the place unsafe for any person in the locality, or

(e) willingly participate in any group activity involving the operation of one or more vehicles contrary to subsection (1), or

(f) organise, promote or urge any person to participate in, or view, any group activity involving the operation of one or more vehicles contrary to subsection (1), or

(g) photograph or film a motor vehicle being operated contrary to subsection (1) for the purpose of organising or promoting the participation of persons in any such group activity.

Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).

Races/Speed Trials n.b It is important to note here at no point in the legislation or the schedules or annexes is "race" defined. This is a potential problem as it is open to intepretation.

40 Races, attempts on speed records and other speed trials

(cf Traffic Act, s 4B)

(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

© 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,

Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).

n.b Below is worrying, open to a lot of discretion....

Police Powers

(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 clamping or impounding, or the subject of forfeiture, under section 219 or 219A

(1A) The police officer may do any one or more of the following:

(a) clamp the motor vehicle (if the police officer is a clamping agent) or cause the vehicle to be clamped by a clamping agent,

(b) seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner,

© immediately, or as soon as practicable afterwards, give the driver, and (if the driver is not the registered operator of the motor vehicle) the registered operator, a notice requiring the driver or registered operator to remove or cause the vehicle to be removed to, or produce or cause the motor vehicle to be produced at, a place specified in the notice within 10 days after the notice is given (a "production notice").

(1B) A production notice may be given personally or by post and must state the ground on which it is being given.

(1C) A motor vehicle may be clamped under subsection (1A) at:

(a) a road or public place, or

(b) any place under the control of or used for the purposes of clamping motor vehicles by a clamping agent, or

© the home address of the driver or registered operator.

Note: "Home address" is defined in section 3.

(1D) Subsection (1C) © does not confer power to enter any place that could not otherwise lawfully be entered.

(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.

[RHR]

As a hoon topic is locked another one starts

Good info there Zap.

[ZAP]

The reason I posted this up is this law has given TOTAL POWER to the police to confiscate cars without any judicial authority.

Essentially a cop can say you did a burnout and confiscate your car without any grounds to appeal until it goes to court.

If a cop did this to me, I would sue him personally as this law is WRONG and should not be approved.

We have essentially lost any presumption of innocence on a police opinion. Guilty until proven innocent seems to be the way this law is written.

Also why do they not apply this rule to people who drive unregistered cars or repeatedly drink drive ?

[exarsixturbo]

This bit gets me:

(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)

Exactly what Zap said, but also "in the past 10 days". What is up with that?

They can come around a couple of days later and say we believe you were "being naughty – said days ago" we are taking your car. That is crap.

[RHR]

Yeah its pretty hard core

I agree with the Unrego and drink drive bit

[dule]

(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)

This is totally wrong, so no need for evidence any more, if Mr police officer things you're guilty then guilty you are.

This is outrageous. How about a protest????

Yeah its pretty hard core

I agree with the Unrego and drink drive bit

Some form of prostitution is illegal, so let's just confiscate peoples d^cks if we THINK they were involved

I feel like parking my car in the middle of CBD and blocking one of the major streets, then they'll have a reason to confiscate it lol

[SCRIBR]

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

=

(2) A motor vehicle may be seized under subsection (

And you guys laughed at victorians.. oh how ironic!

How do they tell if you have been naughty within 10 days?

"Oh look cun-stable porky, his tyres are not at 100% tread depth.. he must have been doing burnouts within the last 10 days"

[tmac450]

Talk about leaving it open to abuse for someone's personal vendetta.

So if someone mouths off at a cop who pulled them over can have their car confiscated because the cop can say he did a burnout. Nice.

I'm a big supporter of the Police, but these laws seem a little too radical to me.

[Dillz]

The Rozza's will probably be as bad as Thailand soon, and just shoot you if your caught doing burnouts.

Why not spend more time, money and effort catching drug dealers and rapists

[Fat-Tony]

Why would you want to catch real criminals?

At least in Thailand a few baht bribe gets you on your way again.

These laws are absolute

So called democracy hey.