Proposed Changes to QLD Anti-hooning Laws

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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”.
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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.

Currently, 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.[TABLE][TABLE][TABLE][/TABLE][/TABLE][/TABLE]

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
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.
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