ANPR camera systems set to detect Unregistered Vehicles

ANPR4The Queensland Government is set to allow automatic number plate recognition camera systems or ANPR camera systems to detect unregistered drivers, through proposed amendments to the Transport Operations (Road Use Management) Act 1995.

Approximately 3% of Queensland’s 4.5 million vehicles could potentially be unregistered (up to 135 000 vehicles).  This looks set to increase when the Government scraps Registration Labels for light vehicles from October 1, 2014. 

Unregistered Vehicle

Generally, when a vehicle is unregistered, that also means it does not have CTP insurance (“uninsured vehicle”). However, CTP insurance continues for a grace period of 30 days after the expiry of a vehicle’s registration. It is possible for a vehicle to be unregistered, but retain CTP insurance during this time.

Enforcement Responsibility.

Police officers and transport inspectors employed by the Department of Transport and Main Roads have been intercepting vehicles and manually issuing infringement notices for unregistered and uninsured vehicle offences for many years. In more recent times, portable automatic number plate recognition camera systems have been used to detect these offences. Once an unregistered vehicle is detected, a police officer or transport inspector must still physically intercept the vehicle and manually issue an infringement notice.

It is proposed that both the Department of Transport and the Queensland Police Service (QPS) will utilise fixed and mobile ANPR Camera Systems to detect unregistered vehicles and automatically issue infringement notices by ordinary mail.

Evidentiary Certificate.

Section 120 of the Transport Operations (Road Use Management) Act 1995 will be amended to allow the chief executive to sign an evidentiary certificate for photographic detection devices operated by the Department of Transport and Main Roads, stating that an image was properly taken by the device and allowing the image to be used as evidence of an offence.

Who is responsible for the offence?

Under current arrangements it is the driver of the vehicles responsibility to confirm that the vehicle is registered and has compulsory third party insurance before it is used on the road.  Following the proposed amendments to the Transport Operations (Road Use Management) Act 1995 the most recent registered operator will be responsible for the offence.  Regardless of who is driving the vehicle, it is the registered operator’s responsibility to ensure that the vehicle is registered.

The registered operator will have a defence where they provide a statutory declaration stating that the vehicle was stolen, illegally taken or had already been sold or disposed of (see amendments to section 114);

How will the notice be served?

An infringement notice issued by an information technology system is taken to be an infringement notice served by an authorised person under the State Penalties Enforcement Act 1999, and in particular section 13(1) of that Act (see new section 113A(3)).

The effect of this amendment is that the notice will be sent, by post to, to the nominated address and will be deemed to have been served.  It will become imperative that all vehicles are promptly transferred with the Department of Transport following sale otherwise a former owner, not receiving the notice could find their licence cancelled.

Disclaimer

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.

Liability limited by a scheme approved under professional standards legislation.

QUEENSLAND IMPOUNDMENT PROCESS

An experienced Gold Coast Criminal Lawyer will ensure your best outcome.

An experienced Gold Coast Criminal Lawyer will ensure your best outcome.

Hooning Laws

Hooning and other reckless driving offences can result in the impoundment or immobilisation of a motor vehicle for a period of seven to 90 days under Queensland Hooning Laws. For repeat offending the vehicle can be forfeit to the state. While there is a capacity to appeal these decisions, the intention of the legislation is clear. Go too far and lose your car.

The offending is broken into two categories: Type 1 and Type 2.

Type 1 Hooning Laws

  1. Evading police
  2. Any of the following offences committed during a speed trial, race or a burnout
    1. Dangerous Operation of a Motor Vehicle;
    2. Careless Driving;
    3. Organising, promoting or taking part in reacting or speed trials;
    4. Wilfully starting or driving a motor vehicle in a way that makes unnecessary noise or smoke.

Type 2 Hooning Laws

  1. Driving a vehicle while out is uninsured and unregistered
  2. Unlicensed driving;
  3. High range drink driving 0.015% and over;
  4. Exceeding the speed limit by more than 40 km/h;
  5. Driving an illegally modified vehicle;
  6. Failure to supply a specimen of breath or blood; or
  7. Driving while under a 24-hour suspension.

hooningCan I apply for the early release of my vehicle?

The owner or usual driver of the impounded vehicle can apply in writing to the Commissioner of Police for early release of their vehicle if they can establish:

  1. Severe personal or financial hardship.
  2. The offence was committed without the owner’s consent.
  3. The unlicensed or uninsured offence has been rectified.
  4. The grounds for impoundment were unreasonable.

If you require assistance drafting an Application to the Commissioner of Police or wish to appeal the Commissioner’s decision then you should contact Gatenby Criminal Lawyers for advice and expert assistance.

Disclaimer

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.

Liability limited by a scheme approved under professional standards legislation.

40 Cars a Day Being Seized Under QLD’s Hooning Laws

hooning40 Cars a day seized under Hoon Laws

Since 1 November 2013, police have proffered more than 7,800 charges under Queensland hoon laws for traffic offences including dangerous operation of a motor vehicle, street racing, evading police and speeding at more than 40km/h over the legal speed limit.

New Hoon Laws

Under the new laws anyone caught doing burnouts, donuts, drifting or other hooning behaviour can have their vehicles taken off the road for three months.

Any follow-up offending within five years will result in the offender’s car being forfeited and sold or crushed.

Charges

Between November 1 and December 15 police alleged:

  1. 3100 charges for driving while unlicensed;
  2. 210 charges for speeding at 40km/h or more over the legal speed limit;
  3. 334 charges were handed out for evading police;
  4. 42 charges for dangerous operation of a vehicle;
  5. 43 charges of driving without due care and attention
  6. 4 charges of street racing; and
  7. 130 charges for doing burnouts.

Police have so far taken at least 634 vehicles off the road for the full three months while a further 189 are set to be either sold or crushed.

A further 940 drivers had their cars seized or their numberplates confiscated for a week after being charged with hooning offences.

Disclaimer

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.

Liability limited by a scheme approved under professional standards legislation.

NEW PENALTIES FOR HOONING.

hooningNew Penalties for driving offences

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:
    1. dangerous operation;
    2. careless driving such as burn-outs or drifting;
    3. racing,
    4. speed trials; and
    5. 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:
    1. unlicensed driving,
    2. high range drink driving,
    3. exceeding speed limit by more than 40km/hr,
    4. driving a vehicle that is both uninsured and unregistered, and
    5. 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.

Disclaimer

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.

Liability limited by a scheme approved under professional standards legislation.