Proposed changes to Queensland law could deliver a crushing blow to 'Hoons', according to a story in the Brisbane Times.
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 looks more than likely, 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.
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.
Proposed amendments to Police Powers and Responsibilities Act include
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Increasing the sanction for the type 1 vehicle impoundment scheme to 90 days impoundment for the first offence and forfeiture for the second offence
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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
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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
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Increasing the relevant period for vehicle impoundment offences from three to five years
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Amending the definition of 'burnout'
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Amending the impoundment and forfeiture processes to operate automatically rather than through court applications
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Removing the requirement that repeat offences under the type 2 vehicle impoundment scheme must be the same type as the 'pre-impoundment offence'
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Allowing additional methods of impoundment including tow and store, immobilisation, clamping, crushing, removal of registration plates and the use of vehicle production notices
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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
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Allowing the early return of a vehicle where specific offences that created the impoundment have been remedied, for example the payment of registration and insurance fees and obtaining a driver’s licence