Hooning Laws

What is the offence?

Hooning includes speeding, street racing, burnouts as well as any number of traffic offences, such as dangerous driving, careless driving, driving without reasonable consideration for other people, driving in a way that makes unnecessary noise or smoke, and racing or conducting speed trials on a public road.  Section 69A of the Police Powers and Responsibilities Act 2000, places hooning offences into two categories.  See our article on type 1 and type 2 offences.

What is the penalty?

Penalties vary for hooning offences include fines, imprisonment of up to six months, licence plate confiscation, immobilisation, impoundment and confiscation.

A type one offender may have their vehicle impounded or immobilised for 90 days.   Any subsequent Type 1 offence will result in the indefinite forfeiture of a vehicle, pending the result of any court proceedings.

 

What does the court take into account in sentencing?

Generally these offences are dealt with by way of an infringement notice, however if the matter goes to court there are a number of factors that the court will take into account when determining the appropriate penalty. These include:

  • The reason for your driving at the time of the offence.
  • The previous traffic history.
  • Was the hooning offence associated with the commission of another offence.
  • Your personal circumstances.
  • Any other circumstances the Court considers relevant.

Frequently asked questions.

Q: If I am convicted of Hooning offence am I able to appeal the forfeiture of my vehicle?
A: If you are able to establish that the loss of the vehicle will result in significant financial hardship, or that the offence occurred without your consent, you may be able to apply to the Commissioner of Police for the release of the vehicle.  If the police does not agree, then in certain circumstances you may appeal to the Magistrates Court.

Q: How do I get my confiscated number plates back?
A: Once the immobilisation period is over you will need to go to the nominated station on the immobilisation notice to reclaim your vehicle’s number plates.