Proposed Tougher Hoon Laws For Qld

[tab]

I'm surprised all you boy-racer hoons aren't upset by this crap. Is getting a bit fcking ridiculous.

In summary impounded for 90 days on first offence, vehicle forfeited on second.

Crushing blow looms for Queensland's hooners

AMY REMEIKIS March 13, 2013

Drivers could have their cars seized and crushed after just their second speeding offence. Photo: Rebecca Hallas

Hoons' cars could be seized and crushed after just their second offence, under proposed changes to Queensland laws.

The state government’s proposed changes to the Police Powers and Responsibilities Act – which would introduce the “toughest anti-hooning laws in the nation” – have been given the green light by the Legal Affairs and Community Safety Committee.

If passed by Parliament, which given the LNP’s massive majority is an almost certainty, drivers charged under hooning laws would lose their car for 90 days for a first offence, and forfeit it to sale or crushing for a second.

Police minister Jack Dempsey released a media statement in October last year foreshadowing the Bill, pointing to new amendments which would “see offenders have their cars impounded for three months for their first serious hooning offence”, while a second offence within five years “would see the offenders car forfeited to be sold or crushed”.

Under the current law, cars involved in a hooning offence, be it dangerous operation, careless driving, taking part in speed trials or racing, making unnecessary smoke or noise, driving unregistered, uninsured, unlicensed or driving an illegally modified vehicle, can be impounded for 48 hours or for up to three months, depending on the offence.

The proposed changes would increase the sanction for type one offences (dangerous operation of a motor vehicle, careless driving, particpating in speed trials or races, making unnecessary noise or smoke) to 90 days for the first offence, and forfeiture for the second.

It also extends the “relevant period” a second offence counts, from three to five years.

The amendment Bill builds on changes the previous government sought to implement prior to last year’s election, which included raising the initial impoundment of vehicles from 48 hours to seven days, allowing police the power to automatically impound a vehicle for 28 days for repeat offences and make high end speeding a type 2 offence (driving an unregistered or uninsured vehicle, certain unlicensed or disqualified driving, driving with a blood alcohol concentration above 0.15 per cent or failing to provide a specimen of breath and driving under related suspensions, driving an illegally modified vehicle).

The then-Labor government’s Bill lapsed when parliament was dissolved ahead of the March election.

The LNP government came into power promising a tougher stance on “hooning”.

The committee headed by the Member for Ipswich, Ian Berry, stated in a report tabled to Parliament on Tuesday it “initially held certain reservations” about the extension in time but said it supported the recommendation as it “achieves an appropriate balance between ensuring that the provisions are an effective deterrent to repeat offenders and that the provisions don’t impinge in an inappropriate manner on a person’s civil liberties”.

The committee also concluded the extension from three to five years brought Queensland in line with “best practice” in other jurisdictions, including Western Australia and New South Wales, but was still “well short” of South Australia’s 10-year “relevant period”.

The amendments do allow for compensation to a vehicle’s owner, if they are found not guilty of an offence, but their vehicle has already been sold, or crushed.

The new scheme will apply retrospectively to “a type 2 vehicle related offence of the ‘same kind’ that has been committed up to three years prior to the commencement of the Bill.

That means if a driver has three type 2 offences under their belt within the last three years and they are caught committing another type 2 offence after the Bill changes have been enacted their car could be impounded.

If the driver is found guilty of the last offence, their car will be forfeited.

The definition of “burn out” would also be changed under the new amendments.

Ccurrently, a driver needs to produce smoke for it to be counted as a burn out. The new definition takes into account any “wilful” act of driving to sustain a loss of traction, whether smoke is produced or not.

The committee consulted a number of government agencies and stakeholders, including the Department of Main Roads and Transport, the Queensland Law Society and RACQ while considering the amendments.

It made four recommendations – that the amendment Bill be passed but that the police minister delay the the amendments to allow for police officers to be informed and educated on the changes, and that the minister consider issuing public guidelines on some of the changes, including possible compensation.

Proposed amendments to Police Powers and Responsibilities Act include

• Increasing the sanction for the type 1 vehicle impoundment scheme to 90 days impoundment for the first offence and forfeiture for the second offence
• Including “evade police” offences and “high end speeding” (less than 40 kmh above the speed limit) as type 1 and type 2 vehicle related offences respectively
• Increasing type 2 impoundment sanctions to seven days for the second type 2 vehicle related offence, 90 days for the third type 2 vehicle related offence, and forfeiture for any subsequent type 2 vehicle related offence
• Increasing the relevant period for vehicle impoundment offences from three to five years
• Amending the definition of 'burnout'
• Amending the impoundment and forfeiture processes to operate automatically rather than through court applications
• Removing the requirement that repeat offences under the type 2 vehicle impoundment scheme must be the same type as the 'pre-impoundment offence'
• Allowing additional methods of impoundment including tow and store, immobilisation, clamping, crushing, removal of registration plates and the use of vehicle production notices
• Allowing certain people to apply to the commissioner for the release of impounded vehicles and to allow these applications to be appealable to a magistrates court

[sexual harrassment panda]

It's utter crap, but nothing we can really do about it. Government of both sides will always go for something that can raise money and get votes from the mushrooms. Look at how scared world governments are of religions still, they won't pass any laws that could lose them the christian vote. This is just the same, a large enough portion of the voters will be pro these laws.

Can feel a buffy style conniption coming on

Head veins are still throbbing from the fact that removing both hands from the steering wheel at a red light will land you a fine in qld.

[Bonjaz]

Get done once, sell it and buy a highlux....

[jas98]

dont be a cock and you will be fine.

[sexual harrassment panda]

You sure jas98?

The new scheme will apply retrospectively to “a type 2 vehicle related offence of the ‘same kind’ that has been committed up to three years prior to the commencement of the Bill.

Got any mods?

coz that's basically a type 2 offence now as well

type 2 offence (driving an illegally modified vehicle).

[tab]

It's that ignorance that's got us where we are.

A few more examples that are classed as hooning:

- Driving slowly

- Driving in formation

- Parking-up

- Losing traction

I've been warned for the last two and it definitely wasn't whilst being a dick. Was a deciding factor in getting rid of the G6ET, but this new stuff is a farkin joke.

Come across an overzealous cop and you could be proper fcked as it's all open to their interpretation.

[bionicxr6t05]

Well said tab, the term "if your not doing anything wrong youl be fine" is now obsolete as its not upto a court whether your car gets crushed its upto the officer and how his day has been.

[Kosij]

Also read somewhere that if the vehicles to loud it's also classed as a type 2 and so on. It's getting beyond a joke it used to be do the right thing

And don't worry but now that's gone out the window!

How the fark can a cop determine a "burn out" without smoke!! That's a joke.

[Bonjaz]

All I can say is, if the cop is alone and you have someone with you, don't let him push you around and don't admit to anything...I had a cop try and do me for a number of things and he knew he didn't have a leg to stand on, he recorded the whole conversation and I didn't admit to anything... If it went to court he knew he didn't have a hope in hell

[xr6t_ute]

Yet you can be caught drink driving 3 times, and still have your car.