New Hoon Laws Effective 1st July - Vic *Semi Explained*

[MYVYSS]

If you drive like a hoon, you'll burn more than rubber


The Victorian Government has introduced laws to thwart people who drive on our roads like hoons. For the first time ever, Victoria Police officers will be able to take away cars which are driven at very high speed, or in a manner that causes burnouts and doughnuts. Authorities can also impound, immobilise or forfeit a vehicle if it is involved in a speed trial, exhibits excessive noise or smoke, or is driven by a disqualified, repeat offending driver.

The laws are tough. The penalties are uncompromising. The vehicles will be removed from the hands of hoons.

Hoon driving kills innocent people

This dangerous behaviour will no longer be tolerated on Victorian roads because it causes serious crashes and the deaths of innocent people. Between January 2003 and November 2004, 41 serious crashes involved hoon-type behaviour, as defined and reported by the Victoria Police Major Collision Investigation Group.

Vehicles can now be taken for 48 hours, three months or forever

First time offenders can have their vehicle impounded or immobilised for 48 hours. Second time offenders risk three months without wheels. Third time offenders may lose their vehicle forever.

Hoon drivers don't have to own the vehicle to be at risk. Vehicles can be impounded or immobilised regardless of whether the driver is the registered operator. Even if mum owns the vehicle, it can be impounded or immobilised.

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.

[Full Noise]

Originally Posted by MYVYSS

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.

I also believe in fairies, Santa and the Easter bunny.

[blownvn]

State sponsored theft in force again.

They say there were serious 41 crashes that can attricuted to hoons between January 2003 and November 2004. How many crashes in that period were attributed to drink driving, or speeding or just flat out stupidity?

Why not have confiscations all round? Why only target hoons or those that the police believe to be hoons?
That's what this is all about. Perception. If the police believe you to be a hoon then you're a hoon and they can take your car. So what if it's been proven later that they were wrong. You're still going to be inconvienced at the roadside if an officer decides to target you.

[EDManual]

"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."

So to hoon, we will have to steal a car, or hire one.

[Jet-Star]

"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."

Theres my fall back plan... :d

[klawsterfobik]

so where will these forfeited vehicles be sold off? Fowles, Pickles and alike? or will it just be a column in the paper?

[brenx]

Isn't determining your a hoon targeting you? Yet they say they have laws against targeting you? Contradicting info. Oh well.

I'm met a few that are targeted. They've had their plates noted because they were seen cruising through a particular area. There's no law stating you can't drive through a particular area @ 5pm or 4am. Since they have been targeted with BS canaries. People like myself generally area asleep during the day (night shift workers). Cruising in the early hours is our afternoon ;)

Some have also been targeted after their car was seen in a magazine.

Once it all starts happening. I've love to see the stats on the ages of the drivers. Why? I tend to believe that the stats will not show the older drivers that hoon they will just get a fine. It'll be interesting to see those stats.

The biggest issue is determining what is a "hoon". Just because you have a modified car doesn't mean your a hoon. Modified cars a gerernally modified for some form of motorsport purpose. ie circuit or drag racing. Yet I'm sure they owners will still be labelled hoons and targeted.

[merlin]

So if you make "excessive noise" (thats a pretty loose definition) or spinning a wheel (pretty easy to do in the wet), you can have your car impounded or sold on the spot, but get caught driving drunk (an offense much more dangerous) then you get a slap on the wrist. The laws in this country just get better and better...

[MYVYSS]

Originally Posted by merlin

So if you make "excessive noise" (thats a pretty loose definition) or spinning a wheel (pretty easy to do in the wet), you can have your car impounded or sold on the spot, but get caught driving drunk (an offense much more dangerous) then you get a slap on the wrist. The laws in this country just get better and better...

Lets not forget fairer and fairer, Spin the wheels for the third time in your 60k Plus HSV/FPV and your car is taken and sold... hence effectively 50k fine.

Joe in his 500 Rust Bucket does this 10 times and still is only 5000 out of pocket, its really fair on the people who actually drive a decent car...

But as stated, obviously If I was you, I would always keep half to a full bottle of bourbon on you at all times, that way if you spin the wheels just go the drink driving charge instead.... How many more POLICE CHASES are we going to see now that the YOUNGER generation know that if they are caught they are going to lose their cars, its much easier to try to out run the police and then make a report the car was stolen...and leave it somewhere and then go back and pick it up say 12 hours later.....

[jcxr]

Brendan, cant wait to be labled a hoon @ 57 years old. Ha HA.

[[Tonko]]

Originally Posted by merlin

So if you make "excessive noise" (thats a pretty loose definition) or spinning a wheel (pretty easy to do in the wet), you can have your car impounded or sold on the spot, but get caught driving drunk (an offense much more dangerous) then you get a slap on the wrist. The laws in this country just get better and better...

second that...
got a warning for excessive noise at 10 am, apparently 136.6 dB is too much...

[THORNSPAWN]

"Hoon driving kills innocent people"

So guilty people are perfectly safe?
I'd like to see the statistics of burnout related deaths

[MYVYSS]

Originally Posted by THORNSPAWN

"Hoon driving kills innocent people"

So guilty people are perfectly safe?
I'd like to see the statistics of burnout related deaths

I have killed quite a few sets of RUBBER

[THORNSPAWN]

Originally Posted by MYVYSS

I have killed quite a few sets of RUBBER

Good point. I suppose a few diffs would be on the list too.

[needfordspeed]

Originally Posted by MYVYSS

.... How many more POLICE CHASES are we going to see now that the YOUNGER generation know that if they are caught they are going to lose their cars, its much easier to try to out run the police and then make a report the car was stolen...and leave it somewhere and then go back and pick it up say 12 hours later.....

Exactly what i'll be thinking if I see red and blue lights behind me. Stuff this crap to hell.

[Full Noise]

Just imagine this…

Police intercepted a $380,000 AMG Mercedes Benz SL 55 on the Hume Freeway at Benalla yesterday after the driver pulled out from a line of slow moving trucks to overtake them. Senior Constable Frank Denial from the Benalla TMU was horrified when the high powered Mercedes reached speeds in excess of 146 kph on the divided Hume Freeway.

The driver of the Mercedes, Sir Douglass Tuffton, a 62 year old barrister from the Melbourne suburb of Toorak was arrested, bashed and taken to the Benalla lockup for further questioning. Due to the serious nature of this offence police have applied to the crown for permission to seize Sir Tuffton’s vehicle. Under the state’s tough new anti hoon laws we are able to do this, Constable Denial explained.

We just can’t have people out here doing this sort of thing. There’s a pre school in Benalla full of children and this driver could have killed all of them. Also, we are not prepared to have people in the community with vehicles that are faster than ours, police say.

Sir Tuffton will also face further charges for enquiring about why the police targeted him and not those young hoons who terrorise the streets with their loud stereos and exhausts.

Sir Tuffton was unavailable for comment as he is recovering from injuries he suffered in police custody when he fell over in his cell while sleepwalking.

Thank goodness we have a law like this to protect us.

Victoria, the place to be.

[shane3]

Dangerous driving;
Careless driving;
Failure to have proper control of the vehicle; and
Causing the vehicle to make excessive noise or smoke.

I received all 4 of these and had to go to court over it as I span the wheels at a pedestrian crossing at 10.30 at night, $430 fine and loss of licence for 3 months, so I drove the wife’s car! I even had the cops that pulled me over sitting next to me at the lights 3 days after going to court and not a thing done!!!! As the wife’s car is a stock standard EL GLI. And not my dangerous FPV GT!

***** Also the fact that I showed the cops and the judge the driver training certificates , (john bowe advanced and high performance courses) the judge still insisted that I had no idea on how to handle a car.

[brenx]

Originally Posted by Full Noise

Victoria, the place to be.

Don't you mean the nanny state? Where your not allow to drive anything but a stock vehicle. If your not driving a stock vehicle we'll take it off you hands so you do have to drive a stock vehicle.

[Walkinshaw]

Baring the "being targeted" issue which is serious in itself. Fact is If you're not an idiot on the roads, you have absolutly nothing to worry about.

One issue that may cause issues is booked for 146 whilst overtaking. I'm definatly not the only person who has exceeded 145 whilst overtaking. Fact is driving on the wrong side of the road is far more dangerous than doing 146kmh on the highway. I'm still willing to cop a fine/confiscation for 150 whilst overtaking a B-double, as I value my life too much to stay out on the wrong side for 3years whils overtaking at 110kmh a truck that is doing 100kmh.

[merlin]

Originally Posted by MYVYSS

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

OK I forgot to mention this but I am really concerned about this point. Not because I am going to do 45km/h or more over the limit but because they have made a link between speeding and car confiscation and have had the law passed. So the question is, not if, but how long before they lower the 45 tolerance to say 30km/h then to say 15km/h (which is were i would be in trouble).....ect....

[xbgs351]

41 deaths in Victoria in a period of 22 months seems pretty minor compared to the 19,000 deaths per year in Australia attributed to smoking.

[Grechie]

ohh i love this state, i love it !! the government is sooooooo goood !!! (detect the overdose of sarcasm) this is bullcrap, this can burn in hell, i mean, i was at the traffic lights with mark behind me, just istting htere, cop drives by me slowly, staring at me with his bored partner, and then turns his lights on, does a u turn and follows me and mark, forgets about mark in his STOCK fairlane with 2.5 inch exhuast, however, rides up beside me making me nervous as HELL, making shore i dont do 2 over the speed limit down the main st and making sure i dont indicate to early or even making sure i DONT BREATH (do they even relise how nervous they can make a driver?) , went down my mates st, they stop in the middle of the road blocking a whole lane, waits for passing traffic, then makes a ILLEGAL turn to fly up and follow me to my mates house, i park get out lock the car and go inside hes still there 5 mins later in the MIDDLE of the road staring, then he leaves, talk bout ruining my night, didnt want to go back out at fear if i rev my 2nd gear to even 3000rpm for some pickup to the speed limit id get done, end stupid rant.

[Redrum]

:

[janek]

but they get money from the smokers. and lots

[XRQTOR]

Originally Posted by xbgs351

41 deaths in Victoria in a period of 22 months seems pretty minor compared to the 19,000 deaths per year in Australia attributed to smoking.

Yep and us hoons are the real problem in this country arn't we.

Any one know how many people were killed by drunk driver's in the same period.

[Auslandau]

Originally Posted by xbgs351

41 deaths in Victoria in a period of 22 months seems pretty minor compared to the 19,000 deaths per year in Australia attributed to smoking.

Actually I think it states 41 'crashes' in vic in 22 months related to 'hoons' Not deaths. How many crashes are caused by 'idiots'.

Can you argue the point that you were in control when you left rubber at the lights?



| [/url] |

[XRQTOR]

Originally Posted by auslandau

Can you argue the point that you were in control when you left rubber at the lights?

Can they argue the point that i wasn't in controll, isn't it up to them to prove.

On the way home from work today i had an STI pull up next to me and try to race, dropped back to 3rd (85k's) and planted it and a bit to hard. Spun right through 3rd gear and layed rubber for the best part of 5o meter's, STI just pulled back and realized his mistake. Not more than 1 min later i saw 2 car's dive from the right lane into the left at a set of lights and slam on the brakes to pull up for the red, only to be smashed from behind by a B-Double, i saw it coming the seccond the 1st car pulled across and so did the driver but the poor bloke had nowhere to go. But i'd loose my car for what i did and both the women will blame the truck driver and probally get their car's fixed at his expense.

[EDManual]

I have heard of 1 person being killed as a result of a burnout, and I believe it was a few years ago in a crowd of hundreds of drunk VL type blokes.

A lady in Geelong killed a motorcylist the other week because she pulled out infront of him in the fog. She didnt look properly. That is worse. and happens all the time. She will get her car fixed by insurance, get maybe a $120 fine for not giving way, and thats it. This happens all the time!

Some guy will do a slight wheelspin on a gravel carpark trying to get out into the traffic and will have massive fines, his car taken away, has to pay for impoundment, lose his licence for 3 months....

i just dont get it.

No respect, thats what i've got for this state.

[flappist]

People are people and young people are young people, that is a fact of life. Stupid laws like this will only have one result, more deaths.

1) If you are going to lose your car what have you got to lose by doing a runner.
2) Coppers (and their families) will be blamed unfairly and therefore will be the targets for reprisals. To some their car is worth more to them than thier lives.
In QLD in the late '80s when it was MANDATORY life for posession of drugs of trafficable quanty (1lb of cannabis) general duties police were shot at with military weapons (as in machine guns).
3) Total disrespect for the law will lead to a lack of assistance in solving other crimes. e.g. a group of young car owners see a person commit an armed robbery and either deny it or give false information.

Making the police an an enemy of the "people" has never worked ever.

It is easy to solve this. Find out who your local member is and write to them telling them that you are now actively doing everything you possibly can to ensure that they do not get elected including donating money to anyone who runs against them, telling eveyone you know constantly that they are bad and digging up any dirt you can to discredit them.

The best defence is offence......

Remember the correct answer is "I don't care who is in power as long as it is not YOU".
When they ask is it personal you say YES.

This is illogical and therefore they cannot spin doctor it.

It you can get 100 people in an electorate to do this the member will shyte him/herself and pressure Bracks to back off.

Remember even if Bracks himself is re-elected he needs a majority or else he in in opposition and POWERLESS, his worst nightmare.

So therefore, if he wants to take your favorite thing off you, take his off him.......

[XW Boy]

*DELETED* - not worth the time to argue about a joke of a world.