Victoria: Time’s almost up for Hoon Drivers: New Laws on July 1
Posted by admin on 06/27/06 in Political Opinion, Traffic Safety Issues
From the Minister for Police and Emergency Services: Time’s almost up for Hoon Drivers: New Laws on July 1
Drivers caught drag-racing, performing ‘burnouts’ or engaging in other dangerous ‘hoon’ acts face having their cars impounded, immobilised or permanently confiscated under tough new laws to come into force this weekend. Police & Emergency Services Minister Tim Holding said the laws would also apply to reckless speeders and repeat ‘drive whilst disqualified’ offenders.
“This tough new legislation will hit hoons where it hurts – by taking away their wheels,” Mr Holding said. “These new laws are tough and uncompromising. They provide severe penalties to curb foolhardy road behaviour that leads to death and serious injury. “The laws will act as a deterrent to those who insist on flouting the law, improving road safety for everyone.”
- For more information: New High Powered Restrictions for P-Plate Drivers Start July 2007
Mr Holding said amendments to the Road Safety Act 1986 gave police the power to immediately impound or immobilise the car driven by a person they reasonably believe has committed a hoon-related offence. “If police have reasonable grounds for believing a motorist has committed a hoon-related offence, they will be able to seize that vehicle for 48 hours, either through impoundment or by way of on-site immobilisation,” Mr Holding said.
“Any driver committing a second hoon-related offence within three years may have their vehicle impounded for up to three months.” “And if a person is found guilty of three hoon-related offences inside three years, their vehicle can be permanently forfeited by the Court. “In other words, three strikes and the vehicle’s out: sold by the State of Victoria, which will keep the proceeds.”
Mr Holding warned parents to ensure their children did not engage in hoon driving behaviour. He said the family car was not exempt from impoundment and, if such behaviour continued, permanent confiscation. “Authorities have the power to impound, immobilise or confiscate any vehicle involved in a hoon act, regardless of whether or not the driver is the registered owner,” he said.
Vehicles can be impounded, immobilised or confiscated if drivers commit any of the following hoon-related offences:
· Improper use of a motor vehicle, where the driver has intentionally caused one or more tyres to lose traction;
· Exceeding the speed limit by 45 kph or more (or travelling at over 145 kph in a 110kph zone);
· Engaging in a race or speed trial; and
· Repeat ‘drive whilst disqualified’ behaviour.
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 a vehicle to make excessive noise or smoke.
Mr Holding said the community could be confident Victoria Police would utilise the new powers responsibly. “Any decision by a police officer to take away a vehicle involved in a hoon-related offence will be quickly reviewed by a senior officer, who may release the vehicle if there were not reasonable grounds for impounding or immobilising it,” Mr Holding said. “Police must also give the alleged offender 28 days notice before applying for the three month or permanent forfeiture, and the Magistrate must hear the views of all parties who are served such notice.
“And anyone who is severely affected by the three month impoundment/immobilisation or permanent forfeiture of a car may ask a Magistrate to release that vehicle on the grounds of exceptional hardship.”
According to Victoria Police crash studies, hoon driving contributed to 41 serious crashes between January 2003 and November 2004, resulting in 28 deaths.
- For more information: New High Powered Restrictions for P-Plate Drivers Start July 2007
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Ben | Aug 10, 2006 | Reply
I am currently studying legal studies in year 12 in South Australia, I have conducted a Civic participation task on “ wether the new anti-hoon laws override the presumption of innocence” I have come to the conclusion that they do, and for these reasons
- Australian citizens should have the right to a fair trial, the anti-hoon laws do not provide this because the presumption of innocence before guilt means that before you can be punished for your suspected wrong-doing you should get a trial in court. The hoon laws allow officers on the spot impound rights at their discretion.
- The target for the punishment is not accurate in some circumstances where the hoon is driving a vehicle other than their own, this creates a situation where the innocent is being punished for a crime they didn’t even commit.
- Another problem is that discretionary powers vary from officer to officer, and fair and just enforcement is not possible when police are given the power to impound what can be $100,000 + of some ones, (or some one else’s) property.
- Being a strict liability offence means that it is almost impossible to prove innocence, unless you have evidence to present in court that proves you didn’t commit the crime.
These are reasons why the new law overrides the presumption of innocence and other principles of the legislative system; I also found reasons for the introduction of this law, which are as follows;
- Media hype has resulted in greater public awareness of what happens on the road regarding young males owning modified cars, which has in turn created more pressure from society to impose tougher laws to prevent deaths from happening.
- The government strives for a zero death toll, and this is another way of getting closer to that almost impossible goal.
I believe the presumption of innocence is violated by this law and reforms need to be made to rectify this, but the reasons for it are valid and very important because they reflect a representative governments actions.
moz | Aug 10, 2006 | Reply
The justification I use is that the offences are all ones of immediate harm, and confiscation allows the problem to be resolved immediately. The last case is the easy one here – you have a driver who has repeatedly driven while disqualified, and since that’s the proven pointless the next step is to confiscate the car on the spot. Any claim to a right of due process is void because the offense is one of disregard for due process. Viz, what’s the officer going to do – extend the ban they’re already ignoring?
The other offenses are all of the form “presenting a clear an immediate danger to others”, and stopping that has to be a priority. Faced with the simple choices that hoons tend to offer – let the behaviour continue (by, say, issuing a ticket) or stopping it (by removing the car), this at least gives the cops an option.
The stats I’ve seen suggest that hoons are not deterred by fines or arrests, those are regarded as part of being a hoon. Taking the car is an attempt to strike at the core of the problem – they’ve got so much invested in being a “wanker car”… lets take the car away.
Given the hassle involved for the cops, I really can’t see them abusing this power. Collecting the car, storing it, doing the paperwork… even the Victorian cops would probably find it simpler just to shoot the hoon.
Alister | Sep 1, 2006 | Reply
Considering the lack of id on cyclists I don’t see any problem with removing the Bike from Hoon bike riders until they pay the fine. That might stop the few of our number that haditually break the law.
Bonnie | Jun 26, 2007 | Reply
I believe that since anti-hooning laws have been issued in Victoria they have been effective in preventing the majority of hoon drivers from acts such as drag racing and other dangerous acts with their vehicles in public places, believing this after reading articles on this issue however there is a need for tougher laws to be considered in order to stop this occuring problem to continue.
Mattpk | Aug 9, 2007 | Reply
i am also a year 12 law student in western australia. yes i also feel these laws to be wrong. as for our right to a fair trial, this we dont have. australia has no legislation to protect our rights other than those few rights proected in the constitution. our rights need to be reveiwed and the constitution need to be ammended.
cull dog | Oct 18, 2007 | Reply
extend the ban they’re already ignoring?
The other offenses are all of the form “presenting a clear an immediate danger to others”, and stopping that has to be a priority. Faced with the simple choices that hoons tend to offer
Leon | Jan 19, 2008 | Reply
I am of the opinion that the HOON drivers don’t sit down and read the news papers, they don’t listen to talk back radio, thus they don’t get exposure to ALL the comments about HOONNING.
They get their feed back from “mates” who have been caught. Perhaps a way to “infiltrate their closed minds” might be,after being convicted, don’t take their car from them, instead, issue them with 3 bright reflective orange signs to be fixed to bonnet, and both doors, stating. “I AM A HOON DRIVER,I MUST LEAVE THIS SIGN ON FOR 3 MONTHS.I HAVE TO PRESENT TO A POLICE STATION 3 TIMES A WEEK.”
Charge them $300.00 for the cost of the signs as well, why should the public pay for them.
How many people enjoy humiliation, well, think about the effect of :the sign: If the sign is tampered with, simply add another month on to the sentence. These ‘marked cars’ will be in school yards, parking lots, on the road, pub car parks, sat in side streets, they will be where no other advertising would ever get,what a fantastic advertising campaign.
This system worked with RABBITS and MIXO years ago, INFECT ONE , and let them loose in their own environment. How humiliating for the driver.
Most certainly their mates wont want to ‘win a sign’ Can you imagine U-TUBE being used to show up these signed hoons.
As I write this, a red car has just raced up my small side street, 80-90ks screaming its guts out. That driver NEEDS as Sign real bad.
richo | Mar 15, 2008 | Reply
if hoon drivers get there can confiscated why not confiscate the bicycles of people riding to fast or dangerous and skate boards off 8 year olds who do olllies and tennis balls of kids playin the street the reason is beacuse that would be silly and communist if a cop can be judge jury and exercutioner why have courts
plus 99% percent of cops r curpt dogs why give them more power
PEACE OUT
Bob | Apr 10, 2008 | Reply
HOON LAWS ARE GREAT!
Now that young adults aren’t spending 1,000s of dollars and 1,000s and hours in the shed spray painting, panel beating, installing stereos, washing and polishing finally tuned machines to sit in a car park and be admired by 100s of people they will have all that extra money and time to spend on important things like weed, smack, Ice and booz, disgraceful having 1,000s of young people missing out on going to the club to get S**** faced and punch on, staggering home drunk yelling out to their mates at 3am wile knocking over and setting fire to wheelie bins.
Who in their right mind would want 200 cars parked at some secluded spot showing off neon lights when there’s so many windows to smash granny to bash and tires to slash and so little time to do it all in.
Young people need to be taught that if you work hard save money and buy nice things then the government will take it off you and sell it to help pay for a overseas junket, the sooner young people learn this the better.
So what if it makes a few thousand people biter and twisted and they take it out on the society.
We need more people like Townsville councillor Jack Wilson who was qwoted as saying to the Townsville Bulletin, 24 June 2002:
I would strongly suggest that if they don’t like the attention by police or the hoon tag, that they either remodify their vehicles or visit our Strand via alternative means of transport” (Wilson 2002).
Lastly, Wilson was paraphrased in a front-page article as saying: “People who owned hotted-up cars had to expect to draw the attention of the police whether they were behaving illegally or not”
See that my kind of guy “behaving illegally or not”
Personally im going to ask jack if he is busy this week end as im planning on going to the liberty for a book burring.
These laws need to be in place to protect the public and we all know its because there were 169 hooning-related accidents involving injury and property damage in the period 1999 to 2004.
According to road safety statistics of the Queensland Road Safety Authority (Queensland Transport 2005) they indicate that there were over 100,000 accidents in Queensland in the period 1999–2003 and therefore represent roughly one quarter of one per cent of these accidents, yes that right 0.4% of all accidents in QLD were coursed by hoons!!! OMG people wake up 0.4% this needless slaughter of tens of thousands of people ever year has to stop!.
I just thank god that we have a current affair and today tonight to sensationalize these things to the point that laws have to be made.
Where would we all be without Darren Hinch, john Laws and Ray Martin sitting there saying “something should be done” thank goodness we live in a country were the media has the powers to influence laws otherwise where would we be.
That idiot in the industrial estate spinning his wheels at 4am in the morning deserves to be in jail ! what would happen if my 3yr was crossing the road at 4am or riding her trike in that industrial estate she would be skitteled!
I know what its like to be injured by hoon driving i was hit by a hoon in a hotted up Holden car that crossed in front of me smashing up my car,,,
mmm come to think about it.. arrrr it wasn’t exactly a hoon was a 68yr old guy on his way to the dog track and the car wasn’t exactly hotted up more like a 1999 keya.. but still !
An there’s the other time that dame hoon in a skyline blew thou the stop sighn and T boned my car almost killing myself and 3 kids .. yes yes ok she was 82 and it wasn’t a skyline it was a Datsun 200b but hey you get my point something needs to be done about hoons.
angry driver | Apr 19, 2008 | Reply
i have an issue with the hoon act. i had my new ute confiscated because my back tyres spun on the tram lines one night. It was not delibrate but the police didnt care, they in-pounded my car and now i face court. I have had 1 speeding ticket in 10 years and i am very un-happy with the way things turned out.I tried to tell them that the traction control in my car was faulty and the female police officer turned to me an said yeah i bet i have heard that before,mind you i had documents from holden confirming the issue,but she didnt care,and also the car was also booked into have repairs done the day after it was taken from me. The decision to in-pound my car had been made before they had even pulled me over and spoken to me. I dont think that is fair, as the last person said, judge hury and exercutioner…. we dont have any rights in australia any more……