Urgent read for Queenslanders

[PlukaDuck]

New hooning laws.
Carefull attention should be taken to the TYPE 1 OFFENCES.
The last 4 offences only relate to the 2nd offence listed
http://www.police.qld.gov.au/Resourc...L_Brochure.pdf

[PlukaDuck]

Therefore there are only 2 Type 1 offences it seems.
EVADING POLICE.
PARTICIPATING IN........Speed Trials, Drag Racing, Burnouts

[Express]

Have I read it right?


Type 2 Offence:
High range drink driving - 0.15% and over.
Third Offence – Lose your car for 90 days.


Type 1 Offence:
Wilfully starting or driving a motor vehicle in a way that makes unnecessary noise.
First Offence – Lose your car for 90 days.


What kind of demented thinking categorises a third time drink drive offender with a first time noise offence?

If so, how do Governments seriously wish motorists to believe safety is their priority?



.

[jpd80]

Originally Posted by Express

What kind of demented thinking categorises a third time drink drive offender with a first time noise offence?
.

Pretty sure third time high range drink driver is going to jail on top of losing his license and car for 90 days.
High Range drink driving:
Disqualified from driving for 6 months to 2 years.
Maximum fine of between $3,080 and $6,600, and/or imprisonment for a maximum term of 9 months to 18 months.



Anyone hard launching or breaking traction on launch, racing someone else or just doing a burnout be warned,
plod has all the power he needs to take your car for 90 days, do it again and its gone for good.

Our new government is taking a very hard line with anyone it thinks are miscreants,
keep a low profile for a while and watch the fireworks........

[Express]

Originally Posted by jpd80

Pretty sure third time high range drink driver is going to jail on top of losing his license and car for 90 days.

If they’re going to gaol there’s no point in impounding the car for 90 days but I do get what you mean. The offence carries a wider range of penalties.



.

[strik9]

additional advice.

always speak to a solicitor before paying a fine.

just by paying the fine ,you have confirmed your guilty. its very easy for the police to come back then and lay additional charges that relate to that crime.

[PlukaDuck]

Originally Posted by Express

Have I read it right?


Type 2 Offence:
High range drink driving - 0.15% and over.
Third Offence – Lose your car for 90 days.


Type 1 Offence:
Wilfully starting or driving a motor vehicle in a way that makes unnecessary noise.
First Offence – Lose your car for 90 days.


What kind of demented thinking categorises a third time drink drive offender with a first time noise offence?

If so, how do Governments seriously wish motorists to believe safety is their priority?



.

No you havn,t read it right.
For example the noise offence has to be commited while,
drag racing, time trials, burnouts.
Again the LAST 4 Type1 offences on the list relate to the second listed.
People need to understand how it is written so the police cannot try to pull you over and take your car because they think it is too noisey

[jpd80]

Originally Posted by PlukaDuck

No you havn,t read it right.
For example the noise offence has to be commited while,
drag racing, time trials, burnouts.
Again the LAST 4 Type1 offences on the list relate to the second listed.
People need to understand how it is written so the police cannot try to pull you over and take your car because they think it is too noisey

Impound sanctions operate automatically now, not through court action,
so if the cops recon they have the power to seize a vehicle they will
and make you go to court to get it back

[PlukaDuck]

Originally Posted by jpd80

Impound sanctions operate automatically now, not through court action,
so if the cops recon they have the power to seize a vehicle they will
and make you go to court to get it back

You are correct jpd80.

But that would give you claim to compensation .
The laws are written for the police to follow as well as the public.

There is a current law of UNDUE NOISE IN MANNER OF OPERATION
which carrys a fine. NOT CONFISCATION OF YOUR VECHILE.

[jpd80]

Originally Posted by PlukaDuck

You are correct jpd80.

But that would give you claim to compensation .
The laws are written for the police to follow as well as the public.

There is a current law of UNDUE NOISE IN MANNER OF OPERATION
which carrys a fine. NOT CONFISCATION OF YOUR VECHILE.

I doubt they would impound a passing vehicle with noisy exhaust...

I'm still wary because the amendments now say,

willfully starting or driving a vehicle in a way that makes unnecessary noise or smoke

So the officer has to be convinced that the defendant is about to or is engaged in some sort of
performance trial, burnout, or race with someone else... whats the bet that's their loophole to catch people
who start up a noisy vehicle in the car park, goose the throttle and bunny hop.. seen it happen before.

It's all down to the officer's judgement, compensation or not the burden of proving your innocence
relies on you convincing a magistrate after the fact to get your car back, I think that's their intent,
to steam roller objections out of the way.....

[PlukaDuck]

Originally Posted by jpd80

I doubt they would impound a passing vehicle with noisy exhaust...

I'm still wary because the amendments now say,

willfully starting or driving a vehicle in a way that makes unnecessary noise or smoke

So the officer has to be convinced that the defendant is about to or is engaged in some sort of
performance trial, burnout, or race with someone else... whats the bet that's their loophole to catch people
who start up a noisy vehicle in the car park, goose the throttle and bunny hop.. seen it happen before.

Absolutly.
It clearly states that.
So when you are asked if you have driven down this road before and have you done it quicker this time ! ??? If you are stupid enough to say YES.
Then guess what will happen.
Also it states WILLFULLY.
I no of a person who did a WHEELIE ( unintentional)during a U-turn and when asked why by the police he said he was "confused and lost".
Did his car get towed???.......nope. Has to be WIILLFULLY

[Express]

Originally Posted by PlukaDuck

No you havn,t read it right.
For example the noise offence has to be commited while,
drag racing, time trials, burnouts.
Again the LAST 4 Type1 offences on the list relate to the second listed.
People need to understand how it is written so the police cannot try to pull you over and take your car because they think it is too noisey

I see what you mean.

I didn’t read it right and missed the fact it was a subsection of a subjection in a 2 types of offences subjection.

Next time I’m staying up late I’ll stick to concentrating on the Rugby League World Cup and breathing and not try my hand at Law while I’m at it.




.

[barnz_xr8]

This is the biggest load of crap, communism was to help "the people". totalitarian , its funny how they say normal law abiding citizen, another case of propaganda, hoon this hoon that all I see is divide and conquer.

[Focusfan]

All very interesting, will love to see how many successfully contest the
charge and if they will make it to current affairs.
As said previously if a police patrol is having a bad day what is there to
stop them making their daily quota by pulling over someone and taking
their car just because they dislike the cars colour or the appearance of the driver. Maybe because they dont even like the personal plate.
I would think the greatest saviour in this case will be the new dash or
windscreen cameras recording all the drivers activity. Would be powerful
in defense i would think.

[Rockape]

Don't they have enough laws already. Its got to stop.

[buggerlugs]

Done about 180ks in the XC Coupe today. Passed police everywhere. I paid to much for my tyre's to be laying rubber plus I like my car's to much. Never had a problem with Qld Police........

[jamies]

Ha ha never had a problem with Police, even had one pull me over when I had my Esp all he wanted to do was have a look, he was a muscle car enthusiast..

[Grunter]

[supershifty]

Personally I don't have a problem with the "type 2" offences - all but one makes for common sense to me. The "driving an illegally modified vehicle" one bothers me. So it's up to the police officer to determine whether your ride is legit or not, or is it that the officer gives you a "canary" (yellow slip) to take your ride over the pits for inspection before your ride is impounded? I've got 99% respect for police and the job they do, but 99% of them wouldn't have a clue what goes on mechanically anymore than your doctor would. Just a generalisation folks, but you see what I'm getting at?

As for the "type one" offences - way too ambiguous for my liking, and penalties are way too harsh. I'm 47 and my "hooning" days are done. Me and my mates used to go to an industrial area to do our skids, not around the 'burbs. This was 25 years ago, the police knew we were there and just came to check out we didn't have any dope or grog on board, never handed out any tickets. Don't get me wrong - I still open the butterfly at the sensible time and place to blow out the cobwebs. Occasionally if the wheel spins on the ute I'll check the mirrors and surrounds and plant it - love a good fishtail!

Cheers!

[MAD]

The type 1 stuff is worded so badly I can see it being mis-used.

How do you wilfully start a car during a speed trial, race, or burnout.
And how do you organise or promote racing, or speed trials, during a race or speed trial?
And isn't it obvious that actually doign any of the three is "dangerous operation" and "careless". Do they need to be identified as they have been?

Does it mean if I can operate my vehicle safely during a burnout, it's ok? or if I take utmost care during a speed trial...


Isn't doing one of the three things (race, speed trial, burnout) enough of a description without these weird add-ons?

[jpd80]

Originally Posted by MAD

The type 1 stuff is worded so badly I can see it being mis-used.

How do you wilfully start a car during a speed trial, race, or burnout.
And how do you organise or promote racing, or speed trials, during a race or speed trial?
And isn't it obvious that actually doign any of the three is "dangerous operation" and "careless". Do they need to be identified as they have been?

Does it mean if I can operate my vehicle safely during a burnout, it's ok? or if I take utmost care during a speed trial...


Isn't doing one of the three things (race, speed trial, burnout) enough of a description without these weird add-ons?

It may be a move to catch people at illegal meeting, starting a noisy car up and moving out to a burn out area or launch pad
could be what this is about, looks to me like they want to catch as many people as possible.

Poorly phrased I'll agree, but the intent is to catch anyone participating in said activities,
the mere act of starting a noisy car at what they consider an illegal meet may be enough to be booked.....

And if you try to flee the scene, look out.....

[MAD]

If it is exactly as they have worded it. Then you can do whatever you want as long as you don't do one of the three main events (Racing, speed trial, burnout).

Starting/revving a loud car can not be a type1 offence as it can not happen during one of those events.
Organising can not be a type1 offence as it can not happen during.
And the other two are nothing new, we've had those laws for a long time.


This is becoming more and more like every other workplace where people need to be told in dot point, step for step how to wash their hands. It's an attempt at removing discretion.
Careless driving has been an offence for as long as I've known, it's up to the officer to discern if it is or not.
Dangerous driving is the same.

None of these offences are new, it's just making them less discretionary and adding higher penalty. But at the same time shooting themselves in the foot with 2 items on the type1 list.

[Chopped]

900 cars impounded in QLD last month.

[69ISH]

Originally Posted by Chopped

900 cars impounded in QLD last month.

Where did you get you figure of 900 from???

[Grunter]

That's a fair bit more than I would have thought!

[Chopped]

It was reported on ABC radio morning program.

A mix of serial hoons, unregistered vehicles etc