Auto Classic Loose Car under W A Anti-hoon Laws

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A VICTORIA Park car dealership has become the second victim of the State Government's flawed hoon seizure laws, after a potential buyer was clocked speeding during a test drive.

Police today confirmed they had ordered the Auto Classic dealership to surrender a $45,000 Mini Cooper S under anti-hoon laws.



The vehicle was allegedly detected travelling at 170km/h in a 100km/h zone on Roe Highway, Beckenham, at 3.44pm on January 30 - hours after a 27-year-old man had taken the car on an ``extended test drive'' overnight.

Police visited Auto Classic's Burswood Road dealership on Wednesday to investigate and returned yesterday, issuing a notice ordering the car to be delivered to a Kewdale holding yard by Thursday, February 11, so it can be impounded for 28 days.



Although Police and Road Safety Minister Rob Johnson has pledged an overhaul of anti-hoon laws, under the wording of the current laws, police do not have any discretion as to whether they impound the car, irrespective of who is behind the wheel or who is the owner of the vehicle.

Today, Auto Classic principal dealer Darrin Brandon slammed the laws, saying innocent parties should not be penalised for actions beyond their control.

``The dealer and Auto Classic are innocent, yet we are being penalised for it,'' he said.

``We were forthcoming with the person's details. We don't condone that sort of behaviour but we are being penalised and having that car removed for 28 days.

``To me, if they want to penalise the individual then they should go and take their vehicle.

``Quite simply, punishing innocent parties is certainly not in the spirit of the law. We don't condone reckless behaviour, we don't condone any of that.

``Police had suggested to me that we should be a little bit more selective about who we loan cars to, but we are in the car selling business and we don't interrogate people ... It's not our job to lecture people.

``I have no control over them necessarily. They have a valid driver's licence and they meet all of the criteria for test driving a car yet we get caught up in having a car confiscated.''

Mr Brandon said the laws exposed the dealership to serious risk, with 390 demonstrations conducted last month and their offer of 43 service cars a day.

Mr Johnston accepted this was a ``difficult situation'' and said he sympathised with Mr Brandon and the Auto Classic dealership.

He said he could not seek the amendments to the laws until State Parliament resumed on February 23, but would introduce them as a matter of urgency.

``Let’s not lose focus here,'' Mr Johnson said.

``Mr Brandon hasn’t been let down by the law – he’s been let down by someone who chose to drive one of his cars in a dangerous and reckless way.

``It is impossible to consider every contingency with any legislation.

``This is why I agreed to amend the legislation.''

Mr Johnson said his support for hoon laws had not altered.

``This is about making the roads safer and sending a clear message that hoon driving won’t be tolerated,'' he said.

``Situations like these two incidents won’t arise as soon as the legislation passes Parliament."

The incident comes just days after Dr Patrick Nugawela collected his $200,000 Lamborghini, which ws impounded by police after they allegedly caught his mechanic speeding in it on January 6.

The 2006 Lamborghini Gallardo was impounded for 28 days when Dr Nugawela's mechanic, Leone Magistro, was allegedly caught driving it at up to 160km/h in a 90km/h zone along Reid Highway, Balcatta.


The Greenwood GP has had to wait until Wednesday (February 3) to get it back, despite a backflip by Mr Johnson to amend the laws so that innocent owners do not have their cars impounded.

Mr Johnson had initially refused to budge on the laws, but has now agreed to seek amendments making it possible for an offender's car to be substituted for an innocent person's vehicle involved in a hooning offence.

My comment "who would want to buy this car, now ?"