New anti-hooning and road safety legislation came into effect today. The penalties for offending are far more significant that those previously imposed. Offences are broken into two categories, Type 1 and Type 2. The penalties are dependant on the type of offence and a Defendants Traffic and Criminal History. The new legislation can be categorised as follows:
Type 1 offences:
- 90 day vehicle impoundment for first offence such as:
- dangerous operation;
- careless driving such as burn-outs or drifting;
- speed trials; and
- evade police.
- Towing and storage of impounded vehicle is at the driver’s expense.
- Vehicle liable for forfeiture for second offence.
Type 2 offences:
- Infringement notice, notice to appear or arrested for first offence such as:
- unlicensed driving,
- high range drink driving,
- exceeding speed limit by more than 40km/hr,
- driving a vehicle that is both uninsured and unregistered, and
- non-compliance with vehicle standards and safety regulations.
- Your vehicle will not be impounded or immobilised for a first offence.
- 7 day impoundment or immobilisation for second offence.
- 90 days impoundment or immobilisation for third offence.
- Vehicle liable for forfeiture on subsequent offence.
Appeal provisions include:
- Under certain circumstances the owner or usual driver of the impounded or immobilised vehicle may make application to the Commissioner of Police for early release (e.g. severe hardship, offence occurred without owners’ consent).
- Drivers committing first Type 2 offence will be provided with information regarding consequences of committing further offences.
Type 1 offences include:
Any of the following four offences committed in circumstances which involve a speed trial, a race between motor vehicles or a burn out:
- Dangerous operation of a motor vehicle;
- Careless driving;
- Organising, promoting or taking part in racing or speed trial;
- Wilfully starting or driving a motor vehicle in a way that makes unnecessary noise or smoke;
- Evading Police.
Type 2 offences include:
- Driving a vehicle while it is uninsured and unregistered.
- Unlicensed driving.
- High-range drink driving – 0.15% and over.
- Exceeding the speed limit by more than 40km/h.
- Driving an illegally modified vehicle not complying with prescribed sections of vehicle standards and safety.
- Failure to supply a specimen of breath or blood.
- Driving while under a 24 hour suspension.
Drivers and owners of vehicles involved in alleged offences of this kind need to obtain urgent advice from an experienced traffic lawyer. Gatenby Criminal Lawyers are traffic and Criminal Law experts, we are situated at Coomera, opposite the Gold Coast District Traffic Branch. We are able to provide you with specific advice for your traffic law query.
This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
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