Permanent Vehicular Loss For Hooning

[Mr. Oizo]

If you were dyslexic or a retart , then YES

3. retart

v

1. Microwaving an already toastered pastry, such as a Toaster Strudel or Pop Tart.

[mitchy_]

3. retart

v

1. Microwaving an already toastered pastry, such as a Toaster Strudel or Pop Tart.

mmm, pop tart.

*runs back to wa forums*

[R31Nismoid]

putting too much power in their hands

http://www.police.vic.gov.au/content.asp?Document_ID=6897

causing a motor vehicle to make excessive noise or smoke

I can see myself getting my car towed... for testing the limiter in my driveway.

No word of a lie. I reckon it will happen 100%

[Omurru]

I'll be interested to see what comes of these new legislations. Will see what happens after the first high speed chase ending in death because it would have been the drivers 3rd offence, and the second and third and fourth time it happens and then when innocent bystanders are killed in a chase and so on......

As bad as it is to say alot more people are going to run when they are faced with loosing their cars.....

[R31Nismoid]

Or the smart people just purchase $200 shitboxes.

Do burnouts to your hearts content... who cares if they take the thing

[Omurru]

Or the smart people just purchase $200 shitboxes.

Do burnouts to your hearts content... who cares if they take the thing

Lol I like it now where to get one.....

[KamikazeR33]

lol this has been in nsw for a while now... quite a few ppl have been done

if u feel victimised, mount 2 video cameras in ur car that are always recording... cop says u did somethin... well officer it shows different on tape now eh

[Kozeyekan]

Hmm...

Scenario:

I have 2 strikes, I get caught doing some antisocial driving (say a burnout, so there is no doubt that I'll have my car confiscated) I have full comprehensive insurance.

I get a mate to run a $200 shit box into my car before the tow truck comes.

Now, I can't see how the police can take the insurance money when the policy and ownership of the car are still in my name.

On the other hand, even if they do, I'd rather they get a written off shell than my car.

What I am concerned about is that some officers will go on power trips and seek to cause trouble (Now isn't that the very definition of 'anti-social')

And yes it happens. A workmate of mine had a canary for (no joke) his handbrake clicked 8 times instead of the normal 6.

Yes, the car was a VL commodore, but not only was is absolutely stock, but that guy is the most effeminate gay guy you'll ever meet. He actually had trouble a couple of weeks ago when he needed to put oil in the car, and he put it in the radiator.

My point is, if this penalty can happen to someone who is in no way a danger on the roads, and is about as 'hoonish' as Julian Clary, how much worse will it be for someone who drives an japanese import?

But let's look at the antisocial behaviour they're talking about:

1) participation in a race or speed trial

Fair enough. Has no place on public roads.

2)dangerous driving committed in circumstances involving intentional loss of traction

careless driving.

So no drifting on public roads. Also fair enough.

3) failure to have proper control of the motor vehicle

Intentionally open to interpretation. Could this mean that by driving with only a couple of fingers on the wheel, I do not have proper control?

4) causing a motor vehicle to make excessive noise or smoke

If by 'causing' they mean smoking up the tyres then all good for them. If by causing they mean bad tune and exhaust is smoky, well then that's a bit unfortunate.

5) exceeding the speed limit by 45 kph or more.

Fair

6) travelling at 145 kph or more in a 110 kph zone.

Fair.

7)intentionally drive in a manner to cause loss of traction to one or more wheels

Isn't this a rehash of rule 2?

8)driving while disqualified

Fair.

the only problem I have is with rule 3. People will vary wildly on what is 'proper' control.

It could also mean that the idiot in toorak road who sped up from a side street to cut me off and fishtailed slightly in his merc would have gotten a strike, which I'm all in favour for. Although toorak mercedes seemd to be untouchable by police.

[TracidTrax]

we might actually c some more high cop pursuits on the news

theres no way in hell id let some1 confiscate my baby, screw taking the engine out and giving them the shell, id report it stolen and use it as a track only car

[GTAAAH]

That could be a problem if they start getting tighter on the rules associated with "drifting". Car immobilized/impounded for losing control of it ?. I can see myself on an icy morning, trying to accelerate out of the way of some spacko in a ford caning it through a roundabout, pushing the accelerator to hard and having the back whip outa degree or two.. Or perhaps driving on a dirt road and having a kangaroo jump out.. "flashing lights"... "Sorry officer i lost control".. "No, you saw that new movie and your "Tokyo drifting". 48 hours + broken windows, brake fluid on bonnet, no stereo and no rims later i can "drive" my car again.

Not cool

Edited June 30, 2006 by r32 gts-turbo

[West]

Well it has taken it first victim. I just saw on Channel 7 showing a Mica Gold VX COMMODORE got tow away.

Also saw a Black REX ran off a FIRE HYRDRANT, funny was Channel 7 was saying something like :

"""".......a high powered car ran into a fire hydrant leaving water......""""" What if it was a shit box? Will they use such term like " A LOW POWER CAR"?

[frx026]

These are the FACTS as taken from the Victorian Dept of Justice Website.

I think everyone should have a read so that you are familiar with your rights and responsibilities in this situation.

What is hoon driving?

Hoon driving causes a vehicle to travel at very high speed, or in a manner that produces burnouts and doughnuts. Drivers are considered hoons if their vehicle is involved in a car speed trial or is operated by a disqualified, repeat offending driver.

Specifically, hoon-related offences are:

Improper use of a motor vehicle, where the driver has intentionally caused one or more tyres to lose traction.

Exceeding the speed limit by 45kmph or more (or travelling at over 145 kmph in a 110 kmph zone).

Engaging in an unauthorised race or speed trial on a road or spaces near a road that are open to the public.

Repeat incidents of driving whilst disqualified.

The following will also be considered hoon-related offences if they are committed in circumstances involving the improper use of a motor vehicle:

dangerous driving;

careless driving;

failure to have proper control of the vehicle; and

causing the vehicle to make excessive noise or smoke.

What does impounded, immobilised and forfeited mean?

A car is impounded when secured at premises under the authority of Victoria Police and Victorian courts.

While legislation enables vehicles to be impounded, it also provides police with the power to immobilise vehicles. This means a vehicle is mechanically adjusted so that it cannot be driven.

Forfeited vehicles are taken from hoon drivers before being sold by the State of Victoria, which will keep the proceeds.

When can authorities take away my car?

Authorities may seek to impound, immobilise or forfeit a vehicle if it has been used by a driver in the commission of a hoon-related offence.

Who is allowed to impound, immobilise or forfeit my car?

Victoria Police is authorised to impound or immobilise vehicles for 48 hours when officers reasonably believe that an individual has committed a hoon-related offence.

The Victorian courts are authorised to order that vehicles be impounded or immobilised for three months, or forfeited permanently, upon application by police.

Can my car be impounded, immobilised or forfeited if I am caught speeding?

Vehicles may be deemed to have been involved in hoon behaviour if they exceed the speed limit by 45km per hour or more. Drivers who have received a speed infringement under 45kmph and incurred no other offences cannot face impoundment, immobilisation or forfeiture of their vehicle.

The exception to this rule relates to vehicles driven between 145 and 154 kmph within a 110kmph zone. These vehicles are also subject to impoundment, immobilisation or forfeiture.

If my child is caught hooning in my car, can my car be impounded, immobilised or forfeited?

Yes. Victoria Police may impound, immobilise or forfeit the vehicle used for the hoon driving offence, regardless of who owns that vehicle.

However, if the individual is charged with a second or third hoon-related offence, Victoria Police may ask the Court to substitute the vehicle for one registered to the offender, for the purposes of the three month impoundment or permanent forfeiture.

Will my car be exempt from impoundment, immobilisation or forfeiture if I need it for work?

Not automatically. These provisions apply regardless of the importance of the vehicle to your employment. However, all cases of impoundment or immobilisation must be reported to a senior police officer who may decide that it is reasonable or necessary to release the vehicle. Further, any person whose interests are substantially affected may apply to a magistrate for the release of an impounded or immobilised vehicle on the grounds that its continual impoundment or immobilisation causes exceptional hardship to themselves or someone else.

If my car is stolen and used for hoon driving, can it be impounded, immobilised or forfeited?

No. Victoria Police must release any vehicle that they deem to be stolen.

If a car is hired and used for hoon driving, can it be impounded, immobilised or forfeited?

No. Victoria Police must not continue to impound, immobilise or forfeit a vehicle once they are satisfied it belongs to a fleet which is owned by a person who operates a short-term, vehicle hire business.

If the police impound or immobilise my car, will I also face charges?

If Victoria Police reasonably believes that you have committed a hoon-related offence, you may face charges. Charges do not need to have been laid for the vehicle to be impounded or immobilised.

If charges are not proceeded with inside 12 months, the individual must have their payment to recover the vehicle reimbursed. Similarly, if the individual is found not guilty of the relevant hoon-related offence, they must also have their payment to recover the vehicle reimbursed, or in cases where the vehicle is still impounded, it should be released quickly without any recovery cost incurred by the driver or registered owner.

Can police take my car without my permission?

Any vehicle that has been used to commit a hoon-related offence may be impounded or immobilised by Victoria Police for 48 hours. Police may seize the vehicle 'on the spot' or up to two days after the offence, or serve notice on the driver within 10 days of the offence, demanding the vehicle be surrendered to a designated location. Police may also obtain a warrant from a court to search for and seize the vehicle from private property, if it is not surrendered voluntarily.

How many times can my car be impounded?

Victoria Police can impound or immobilise a vehicle for 48 hours at any time if they believe on reasonable grounds that the driver has committed a hoon-related offence.

If a court finds an individual is guilty of their second or third hoon-related offence within three years, Victoria Police may ask a magistrate to impound or immobilise the vehicle for three months, or order permanent forfeiture. The Court orders for three month impoundment or immobilisation or forfeiture are in addition to the 48 hour period of impoundment or immobilisation, imposed by Victoria Police.

If Victoria Police do not proceed with a charge in respect of the hoon-related offence, or the prosecution for the offence is unsuccessful, the costs of impoundment or immobilisation charge must be refunded and the vehicle immediately released.

What if I feel my vehicle has been unfairly targeted by authorities?

Laws have been enacted to ensure Victoria Police cannot unfairly target people for vehicle impoundment, immobilisation or forfeiture.

Once a police officer has impounded or immobilised a vehicle, he or she must speedily inform a senior police officer, such as an inspector, about the circumstances of the alleged offence. This senior officer must then enquire into the alleged offence further, and release the car if there are not reasonable grounds for the impoundment or immobilisation.

If a court finds an individual is guilty of their second or third hoon-related offence within three years, Victoria Police may ask a magistrate to impound or immobilise the vehicle for three months, or order permanent forfeiture.

However, Victoria Police must tell the driver and parties with an interest in the vehicle of such intention, at least 28 days beforehand. The Court must hear the views of anybody who is served this notice when determining whether to order impoundment, immobilisation or forfeiture.

Any person may ask a magistrate to release an impounded, immobilised or forfeited vehicle on the grounds that its impoundment, immobilisation or forfeiture causes exceptional hardship to themselves or any other person.

An individual who is found not guilty of an offence for which their vehicle was impounded, immobilised or forfeited must have their payment to recover the vehicle reimbursed. If the vehicle is still impounded or immobilised at the time they are found not guilty, the vehicle must be released quickly without any recovery cost to the driver or registered owner.

How long can my car be impounded for?

If Victoria Police reasonably believes you have committed a hoon-related offence, they may impound or immobilise the vehicle involved in this offence for 48 hours. If the 48 hour period ends on a Saturday, Sunday or public holiday, the vehicle may remain impounded or immobilised until 9am on the next business day. In addition, the vehicle can also stay impounded or immobilised until all designated costs have been paid by a person with an entitlement to the vehicle.

If you have been found guilty of your second hoon-related offence within three years, Victoria Police may also ask a court to impound or immobilise the vehicle for three months. Police must give you 28 days notice before they seek a magistrate's order to impound or immobilise the vehicle for three months.

If you have been found guilty of your third hoon-related offence within three years, Victoria Police may also ask a court to permanently forfeit the vehicle. This means State Government authorities may take the vehicle, sell it and keep the proceeds. Police must give you 28 days notice before they seek a magistrate's order to permanently forfeit the vehicle.

How do I get my car back after the impoundment or immobilisation period ends?

You will be informed by police of the procedure to recover your vehicle.

A vehicle may only be recovered after the impoundment or immobilisation period ends when all designated costs have been paid by the person with an entitlement to the vehicle. This fee may incorporate the cost of moving the vehicle to an impounded zone, and any other costs involved in the impoundment or immobilisation.

In addition, a person may only recover a vehicle after they have shown evidence of identity and entitlement to that vehicle, through a driver's license and car registration certificate.

If your impoundment or immobilisation period ends on a Saturday, Sunday or public holiday, you will have to wait until 9am on the next business day to recover the vehicle.

How much will I have to pay to recover my car?

In most cases, an impounded or immobilised vehicle can only be released once all designated costs have been paid by the person with an entitlement to the vehicle. This fee may incorporate the cost of towing the vehicle to an impounded zone, and any other costs involved in the impoundment or immobilisation.

Victoria Police must inform the alleged offender about those costs, which are likely to differ between cases, depending upon where the vehicle was when police took control of it. This is because the designated costs incorporate the various rates charged by different towing companies. Some suburbs are further away from the impoundment location, resulting in higher towing costs.

The designated costs payable before a vehicle may be recovered are likely to be within the range of $270 to $600.

How can I get my car back before the impoundment or immobilisation period ends?

A vehicle may be released before the end of the impoundment or immobilisation period if:

A Victoria Police senior officer, such as an inspector, has reviewed the circumstances of the offence and determines there are not reasonable grounds for the impoundment or immobilisation.

Victoria Police are satisfied the vehicle is either stolen or hired. For a vehicle to be considered hired, it must belong to a fleet which is owned by a person or company operating a short-term, vehicle hire business.

A person has successfully applied to a magistrate for the vehicle's release on the grounds that its impoundment or immobilisation causes exceptional hardship to themselves or another person.

The driver whose vehicle was impounded or immobilised has been found not guilty of the relevant hoon-related charge.

Original can be found here

http://www.justice.vic.gov.au/CA256E5F0003...iving+FAQs~&3=~

[TracidTrax]

im purposely laying low 2night, i have a feeling cops r gonna be swarming the streets 2night

need to wait till this saga dies down a bit

[**JaR**]

i dunno what the problem is... you have to actually get caught first. its not like they can pull you over for a "random check" as they say and go.... oh skyline/supra/etc ay.... wow you must be a hoon, im gonna take ur car boy.

if your dumb enough to be caught.... e.g the rex into a fire hydrant lol. then sucks to be you.

[Kozeyekan]

I got pulled over yesterday, and the cop actually mentioned the new laws to me.

Not that I didn't deserve to be pulled over, I was driving without plates. I was taking the car to be complied, but had the proper permits.

To be honest, he was a good bloke, popped the bonnet, saw it was 100% stock and had a bit of a chat. I got the feeling it was more of a prepared speech on the evils of adding unnecessary BOV's and assorted rice, but still, he seemed OK. Even got on the radio and called ahead to let other boys in blue know I was coming, and to let a white skyline with no plates pass through.

I was babying that car though, as the exhaust is cactus, and loud as hell. The last thing I wanted was a strike before the car is even complied.

[dezz]

I was babying that car though, as the exhaust is cactus, and loud as hell. The last thing I wanted was a strike before the car is even complied.

I dont see them being able to get you for the exhaust, as an uncomplied car isn't registered, and can be driven to workshops etc to have work done that would see it pass the roadworthy tests...

good to hear he let the other boys know to let u go so that you weren't held up more than once though

[MerlinTheHapyPig]

a couple of things about this legislation (as told to me by a vic tmu officer)

firstly, all the offences (burnouts, drifting, street racing etc.) are already offences. All these laws really change are the penalties that can be imposed for committing these sorts of offenses.

The "your word against the police" argument isnt' really relavent here because these laws have all existed for years and years. Such is the case with most traffic offenses, solid proof is not required.

It would be very unlikely that police would lie about an offense because for police to do this would be putting their career on the line for no real gain (except maybe the satisfaction of punishing a smartass.. though i mean look at the risk vs gain)

excessive noise is already an offense, and for your car to be impounded it would have to be in conjunction with a "loss of traction" style offence, not just by itself. (ie having a loud exhaust won't get your car impounded, maybe defected though)

99% of the people here don't really have to worry about this, and impoundment ruling for 3 months or sale of vehicle will have to go to court anyway. So if you are worried about how this legislation think of how many times you have received a court summons for a traffic related offense. This would be a fair indication of the number of impounds you can expect to receive!!

Also, ALL impoundments have to be reviewed by a senior police officer, and you are given 28 days notice if the police intend to seek a 3month impoundment or forfeit of vehicle with the relavent court. Police by themselves can only impound a car for max 48 hours and for this to happen the offence has to be reviewed by a senior police officer.

Edited July 4, 2006 by MerlinTheHapyPig

[**JaR**]

told you there is nothing to worry about. lol

[R31Nismoid]

The "your word against the police" argument isnt' really relavent here because these laws have all existed for years and years. Such is the case with most traffic offenses, solid proof is not required.

It would be very unlikely that police would lie about an offense because for police to do this would be putting their career on the line for no real gain (except maybe the satisfaction of punishing a smartass.. though i mean look at the risk vs gain)

excessive noise is already an offense, and for your car to be impounded it would have to be in conjunction with a "loss of traction" style offence, not just by itself. (ie having a loud exhaust won't get your car impounded, maybe defected though)

If you took that word for word from the officers mouth, im not surprised as its very similar to what most of them thing. TMU Officers that is. The majority seem to have an altered sense of how the world is, and how the courts work in many differing ways.

The law requires proof. Its that simple. I've defeated cases now where there has been little to NO proof.

To say "it puts thier career on the line" is nothing more than pure rubbish im afraid, and the TMU officer is just trying to put some fright into your bones. Nothing more

You wouldnt see one person fined/canaried/whatever without reasonable cause if it was "putting trhier career on the line"

There is NO reprimand for the Vic Police at all. Hence they hand down thier "interpretation" of the law, which can often be ill informed and very far fetched. Something ive proven many times aswell.

Pity though, i bet the officers ive proven to be wrong are STILL in the force, STILL in the same rank if not higher, and are NONE the worse off for having been defeated in court.

As for the 3rd point, hopefully i live to see the day it happens

[MerlinTheHapyPig]

I've been told that police testomony is taken as expert witness or something along those lines (i'm not really into the legal stuff), which is why they don't need "hard" evidence to convict people of speeding/red lights/not indicating etc.etc. (ie offenses where you are 'observed' breaking the law, but there is no photographic evidence)

If a member of the police lies in court about an offence, they are committing perjury, which is quite a serious crime if they are caught out, i'm not saying it doesn't happen, and there are cases where they get away with it, but on the whole most vic police aren't corrupt.

I've spoken to a couple of members in the police and read the legislation, and have reached my own thoughts on the issues. (my next door neighbour is a TMU officer - i had a beer with him the other night and picked his brain on some of this stuff).

Anyway, my main point was to say, all these offenses existed prior to these law changes, and the standards of proof are the same as they have always been. Not really sure why everyone is making such a fuss over all this!!

Edited July 4, 2006 by MerlinTheHapyPig