New police tactics for Springnats?

[dansedgli]

Originally Posted by Rmyers

I beleive police do have the power to put your car on a tow truck if they deem it necessary. Was having a friendly chat to a traffic cop at my friends workshop (they work on cop cars), and was explaining to him how i got a defect about a week prior. He told me that if the car cops a major defect notice, that police do have the power to put your car on a tow truck then and their depending on how unsafe they think it is, which in other words means if your being a smart Ar$e :P I don't think they can impound it tho....

When Doug was defected 2 years ago, the policeman said we had to to leave the car where is sat and get it towed home. It took a bit of convincing to let him give us 3 hours so we could drive it home.

This is why we took a rental the following year. It cost us about $40 each but we couldnt get a defect if we tried.

[robjg33]

why dont you read the bill's second reading debate, its online http://tex.parliament.vic.gov.au/bin/texhtmlt?form=VicHansard.dumpall&db=hansard91&dodr aft=0&house=ASSEMBLY&speech=45176&activity=Second+ Reading&title=ROAD+SAFETY+AND+OTHER+ACTS+%28VEHICL E+IMPOUNDMENT+AND+OTHER+AMENDMENTS%29+BILL&date1=2 7&date2=October&date3=2005&query=true%0a%09and+%28 +data+contains+'hoon'+%29%0a%09and+%28+members+con tains+'BATCHELOR'+%29%0a%09and+%28+activity+contai ns+'Second+Reading'+%29%0a%09and+%28+house+contain s+'ASSEMBLY'+%29%0a

[dansedgli]

That link doesn't work mate. Only comes up with a quarter of a page of stuff.

[robjg33]

Originally Posted by dansedgli

That link doesn't work mate. Only comes up with a quarter of a page of stuff.

sorry i couldnt get it to work either :
heres the speech from the Minister for Transport if you want the links to other speeches in the debate go http://tex.parliament.vic.gov.au/bin...VicHansard.adv
in debate text type in "hoon"


Mr BATCHELOR (Minister for Transport) -- I move:


That this bill be now read a second time.
This bill delivers on the government's commitment to introduce a vehicle impoundment and forfeiture regime to deal with the menace of 'hoon' driving which is of considerable concern to the community.

In doing so, it represents an important further step towards realising the government's goal of reducing deaths and serious injuries on Victoria's roads by 20 per cent between 2002 and 2007, as outlined in the Arrive Alive!


road safety strategy.

It is disappointing that a small minority of drivers habitually engage in dangerous behaviour such as illegal drag racing, 'doughnuts', 'burnouts' and high level speeding that needlessly places themselves, their passengers, and innocent community members at risk of life and limb. These offenders are apparently undeterred by conventional licence sanctions and fines, and fail to grasp that the community considers unacceptable their selfish and antisocial behaviour. This bill will provide a potent, additional deterrent against 'hoon' driving by targeting what is nearest and dearest to the hoons' hearts -- their vehicles. It will also deprive recidivist disqualified drivers of the instrument of their offending, and in removing their temptation, make our streets and roads safer for all.


The bill allows police members to seize and impound or immobilise vehicles 'on-the-spot' for a period of 48 hours, if they believe on reasonable grounds that a relevant offence is being, or has been committed. The vehicle may be recovered upon the expiry of this period or, if the period ends outside normal business hours, at 9.00 a.m. on the next business day. The person recovering the vehicle is also required to pay the costs incurred in seizing, impounding or immobilising and releasing the vehicle. Courts are also empowered to deal with repeat offenders by ordering impoundment or immobilisation for a period of up to three months or, for the hopeless or truly recalcitrant, permanent forfeiture of the vehicle.


The bill creates a new offence of improper use of a motor vehicle which directly targets a type of 'hoon' behaviour that is all too familiar for many Victorians whose Friday and Saturday evenings have been interrupted by the screech of tyres or the stench of burning rubber -- and by this I mean deliberate loss of traction such as the performance of 'doughnuts' and 'burnouts'.

Improper use of a motor vehicle is a relevant offence capable of triggering vehicle impoundment. Other relevant offences include exceeding the speed limit by 45 km/h or more, engaging in an illegal race or speed trial, and repeat driving whilst disqualified. The definition of 'relevant offence' has been carefully framed to target clear-cut cases of 'hoon' driving, characterised by deliberately dangerous or antisocial behaviour. The regime will not adversely impact upon law-abiding citizens or car enthusiasts.


It is important to note that the commission of these relevant offences poses a real road safety risk and significantly diminishes public amenity. During one police operation in a Melbourne suburb in 2004, targeting illegal street racing and 'burnouts', in excess




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of 450 serious road safety charges were laid. The Victoria Police major collision investigation reports that 41 casualty crashes investigated over a 23-month period spanning 2003-04 involved antisocial driving such as drag racing, high-level speeding and other 'hoon' behaviour. These crashes resulted in 28 deaths, and many more serious, debilitating injuries. Furthermore, the majority of the deceased were passengers in the vehicles, young Victorians senselessly robbed of their lives by such aberrant behaviour.
Research recently published by the Australian Transport Safety Bureau also notes the growing body of evidence linking disqualified driving to a range of other high-risk behaviours such as speeding and drink-driving, the biggest killers on our roads.


The government recognises the seriousness of depriving offenders of their vehicles and that impoundment, immobilisation or forfeiture may adversely impact on persons other than the offender. As such I do not present this bill to the house lightly but do so knowing that it is a necessary and proportionate response to a significant problem. I do so confident that this bill will have the desired deterrent effect. I do so comfortable in the knowledge that it will save lives.

Available evidence from interstate and overseas suggests that vehicle impoundment reduces recidivist behaviour. In Queensland, where the vehicle impoundment regime has now been operating for over two years, in excess of 1700 vehicles have been impounded from first offenders, whilst less than 40 recidivists have been picked up. This low recidivism rate is replicated in both Western Australia and Tasmania.


Furthermore, overseas experience suggests that impoundment is an effective countermeasure against serious road safety offending, including driving whilst disqualified.

The bill also includes a number of safeguards to ensure that offenders and other interested parties are, as far as possible, treated fairly. For example, impoundment or immobilisation may only be administratively imposed for 48 hours, after which time, and upon payment of relevant costs, the vehicle will be released. Notices must be served on relevant parties variously advising them of their legal rights and liabilities under the regime. Senior police officers must review any impoundment or immobilisation and may release a vehicle or waive costs, if this is considered reasonable or necessary in the circumstances. Any person may apply to the Magistrates Court seeking the release of a vehicle or variation of an impoundment, immobilisation or forfeiture order on grounds of hardship.


The government has worked hard to ensure the legislation is balanced, that it is tough but fair.

I am heartened by recently published Organisation for Economic Cooperation and Development data indicating that Victoria is amongst the top five safest places to drive in the world, as measured by deaths per 100 000 population. However, neither the government nor community is content to rest on its laurels. We can and we are doing better. With initiatives such as this bill, the world-first random roadside drug testing program and significant investment in our road infrastructure, the Bracks government is working hard to ensure that Victoria's streets and roads remain the safest place to be.


The bill also makes some minor amendments to the Commonwealth Games Arrangements Act 2001 to allow authorised officers, in addition to Victoria Police members, to move unauthorised or obstructive vehicles, or cause them to be moved, from Commonwealth Games areas and their immediate surrounds, and to allow some further offences to be enforced by infringement notice. These amendments will facilitate the optimal allocation of Victoria Police resources towards its primary role of ensuring the safety and security of Commonwealth Games participants, officials, spectators and the public.

The bill also includes amendments intended to reflect changes recently enacted in commonwealth drug laws. Under the recently enacted Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005, the commonwealth has moved the drug importation/exportation offences from the Customs Act 1901 to the Criminal Code Act 1995, and created a number of offences targeting drug cultivation, manufacture, possession and trafficking.


The new commonwealth offences apply the provisions set out in chapter 6 of the nationally developed model criminal code. The commonwealth laws will operate concurrently with corresponding state and territory laws.

The explanatory memorandum to the commonwealth bill acknowledges the work that Victoria, Tasmania and the ACT have already done to implement chapter 6 of the model criminal code. The Victorian government has responded promptly to ensure that the transition leaves no legal loopholes for defendants charged with the new commonwealth importation/exportation drug offences in Victoria's bail and sentencing regime.

I commend the bill to the house.

[banarcus]

Panic Merchants......

[BJ]

Hears a thought, DONT GO. That way no one has to worry about the police do they. I love the way it is all ways the same us against them mentality, i have never had any trouble at any of these events and i have be going for years. I have said it before and i will say it again it all come down to attitude. I fell very sorry for the Police in this matter with the amount of they have to put up with for the general public over this every year. The sooner the event organisers shut this thing down the better of we will all be.

[Bobman]

Yeah, I'm not going, but if they shut it down wouldn't that encourage more anti-social behaviour off the track and on the road?

Have they proposed a "special" policy to reduce road trauma caused by taxi drivers or learner overseas nationality drivers.

From my experience so called hoons are merely a blip on the radar in terms of fatal collisions, individual drivers present a greater hazard then groups of cars milling about, and if they are being stupid (like what happened in Braeside in 2003, or Christmas day in Clayton, 2004) then it's usually themselves who they topple or sadly their friends which is much worse.

[*rayman*]

When Doug was defected 2 years ago, the policeman said we had to to leave the car where is sat and get it towed home. It took a bit of convincing to let him give us 3 hours so we could drive it home.

This is why we took a rental the following year. It cost us about $40 each but we couldnt get a defect if we tried.

what fun would an event like this be if everyone took rental cars? A whole bunch of guys looking at each others weekend rental, whilst they have a tough car sitting at home in their garage?

I travelled 3500k/m's to summernats this year and was a little dissappointed with the amount of cars.. well down on previous years turnouts....

[Redrum]

The reason for this legislation is not to impound vehicles that simply don't comply with road regulations. Those cars can already be put off the road. The reason for this legislation is to impound vehicles of dangerous drivers. Although vehicles in some instances can already be siezed as an exhibit in an indictiable offence, this just simplifies the issue.

[[Tonko]]

Originally Posted by CAMS290

How on earth can they defect a car on a trailer ??? providing the trailer and car towing the trailer is in RWC !!!

That is just plain ridiculous, i would rip the defect notice up in frony of them and tell the "see you in court"

i believe the car that was on the trailer had the rego sticker in the windscreen but the plates were removed, they had a go at the tow car aswell, a Navara i think, but got no where....
but i think its bull too...

[VSSII]

From my experience so called hoons are merely a blip on the radar in terms of fatal collisions, individual drivers present a greater hazard then groups of cars milling about, and if they are being stupid (like what happened in Braeside in 2003, or Christmas day in Clayton, 2004) then it's usually themselves who they topple or sadly their friends which is much worse.[/QUOTE]

They're quite a bit more than just a blip on the radar!! And more so they generate shi%^oads of complaints from locals. I love going to these shows but when you see these dopes leaving the carpark in a cloud of smoke or 2nd gear chirps down the street I just want to chase them down and flog them for ruining it for the rest of us. What are the cops supposed to do with the complaints?

[Bobman]

The same things they do with "noise complaints" which are probably the most common low priority job within metropolitis down here in Melbourne. If fines & licence cancellations won't slow down the pattern would vehicle confiscation really work?

What my comment was referring to was it is more common to see a single "hoon" driver then a group of 10 or more cars all doing burnouts on main roads (On the occassions that it does, it is mostly away from houses or traffic).

Over the years down here they have had many crackdowns and the local councils stepped in and erected barricades for those of us who remember Voltri street, Mentone or the Elwood beach & St Kilda marina car parks are mostly memories now. Chapel street is becoming more of an EPA station most weekends too, which I have no quarrels about at all and naturally avoid it on weekends regardless.