OCHRE-R6

The laws are here and inforce.

If you want to download a copy of the legislation or a copy of the WA Road Traffic Act check this url out: www.austlii.edu.au

You can only be done IF a Police officer is present at the time of the aledged behaviour.

3 strikes and your out system. 1st time - impounding fr 48hours, 3nd time 1 week inpounding, 3rd time your car is sold.

If you take it to court you MAY be able to cause doubt if only one officer is present or you can cause reasonable doubt as to if your actions are subjective in a judges mind.

Fresh1

Yeh those laws are pathetic eh!
I heard one guy got done on the first day the law was inforced :P

STASIK_A4

What the F*&K????

Who gets the Cash????
What about if the car is under finance???
finance owns the car untill its paid off, so the finance comp has all the rights to it....

What are the Cops thinking that the own the ****???

OCHRE-R6

Yep, they Auction it off. The Police Minister has NOT said how the proceedings of the aution will be handled. But the police can recover their expenses.

Also when your vehicle is impounded YOU pay the cost of the impoundment. Its a Daily Fee and it aint cheap as its at the Police impoundment center.

Any interest the finance company has is YOUR debt Not debt shall be incurred by the police impounding process or Ausction.

YetAnotherA4

Personally I like the way this works. You can understand doing something hoonish once, but 3 times, then stuff you.

Living in the northern suburbs of Adelaide I am sick to death of the seeing absolute ********* drive like hoons, endangering everyone, and getting away with it.

I would have expected a better attitude from an Audi driver.

OCHRE-R6

Thank-you I always appreciate unique and challenging point of views.

Expected better from an Audi driver.......now thats a low shot by anyones standards.

Lets set the record straight:

1. I DO NOT condone rank stupidity on our roads.
2. I do not condone behaviour that endangers the lives of NON-participants.

BUT:

1. I like anyone else with a decent car LOVE having a fang on a quiet road.
2. YES i do drag the car next to me if the oppertunity arises.

I am against laws that have a habit of abuse and are purely PET projects of the Police minister.(Michel Roberts)

Impounding of vehicles like YELLOW stickering is a pointless excercise in futility.

The police are NOT able to deal with street racing - never have been. So instead of putting more effort into prevention we pass legislation which can be used to mean anything and enacted in any situation a Police officer sees fit.

The WA police have impounded 7 vehicles in less than 2 weeks.

Most of these vehicles impounded are from speeding offences.........NOT vehicles involved in Anti-social behaviour or street racing.

OCHRE-R6

WA's HOON LEGISLATION

QUESTIONS AND ANSWERS ABOUT THE NEW LEGISLATION.

Road Traffic Amendment (Impounding And Confiscation Of Vehicles) Act 2004

What offence have I been charged with?

* A Police Officer has witnessed you committing a driving offence (i.e. one or more of the following):
* Racing with another vehicle;
* Attempting to establish or break a speed record/s;
* Speed, acceleration, braking or steering capability is being tested or contested in any way;
* Skill of driver is being tested or contested;
* In a manner that causes smoke to come from one or more of the vehicle's tyres or a substance on the road; and/or
* In a manner that causes the driving wheels to lose traction.

What's going to happen to my vehicle?

* Police have the authority to have your vehicle towed away and kept from you for 48 hours. Importantly, you, the driver, are up for all towage and storage costs if you are convicted/found guilty.

Are there any exceptions to the 48 hour impoundment?

* Yes.
* If a member of the police force is satisfied that the impounded vehicle was stolen or hired, the car will be released.
* A senior police officer may authorise early release if there is a case for exceptional hardship if the vehicle remains impounded.

What happens if towing facilities aren't easy to get?

* At their discretion, Police may elect to drive the impounded vehicle to the police station themselves OR if the driver is licensed and not under any impairment (e.g. excess alcohol), police may allow the driver to drive the vehicle to the station.

Can the Police seize my keys?

* Police may seize keys to the vehicle that has been impounded.
* Police may, without warrant, enter any premises to seize keys to any vehicle that is subject to a court order.

What if it's not my vehicle?

* The owner of the vehicle will be notified by Police.
* The driver is responsible for the towage, storage and other relevant costs incurred in impounding the vehicle if found convicted of the offence.
* If the car has not been collected by the time the impoundment period expires (48 hours), the owner is responsible for post-impoundment fees.

How do I get the vehicle back?

* To obtain a letter authorising the release of the vehicle from the police station (see the Impoundment Notice for which station), you must produce a vehicle license/registration in the name of the owner and photographic identity support (e.g. drivers' license with a photo, passport) and pay any costs.

Can it get worse than 48 hours impoundment?

* Yes.
* If you are convicted of a second impounding offence within three years of the first, the court may impound the vehicle for up to 3 months. In addition, the person convicted of the offence may have their driver's license suspended and is responsible for all costs associated with the extended impound period. The Commissioner may refuse to release the vehicle until all such costs are paid.
* If you've been convicted of two or more impounding offences within the last five years, a court may order that the vehicle is confiscated. A confiscated vehicle becomes the property of the state. You may also have your driver's license cancelled.
* This does not apply if the vehicle has been stolen or hired.
* If the court is satisfied that the vehicle was lent at the time of the offence, the court instead of confiscating the vehicle, may order it impounded for up to six months.

Do I get a warning that the vehicle may be confiscated or impounded for longer, depending on the court's decision?

* Yes.
* 14 days prior to the court hearing, the Police Commissioner is required to provide written notice of the police intention to seek impoundment or confiscation of the vehicle. This notice goes to:
* The driver of the vehicle
* The vehicle's license holder
* The Director General (DPI)
* Any other person whom the Commissioner is aware of who has or may have interest in the vehicle
* The public generally, in a newspaper having state-wide circulation

Speeding Offences

* People caught travelling at 45km/h or more above the legal limit also risk being charged with reckless driving under the new provisions and having their drivers' licence suspended or even cancelled.

YetAnotherA4

Now THAT is outrageous.
Thin end of the wedge for being able to enter without a warrant for ANY reason.

YetAnotherA4

Sorry was a low blow but then again if you want to behave like that just buy a rice burner and be done with it ;-)

How else are we going to prevent and penalise dimwits who behave like total idiots on the road?

There is speeding - say 120 in a 100zone - and SERIOUS speeding - 120 in a 60 zone. Former is usually OK; latter is NEVER OK.

Surely we'd all have to agree on that?

So where do we draw the line...what is always wrong and what is usually OK?

Is something OK for us to do, because we have a decent, high-performance car, but it's not OK for some 20yo in a rice burner or V8 Commode?

This is where the old police discretion used to come into it. Now it's all about politics and revenue.

OCHRE-R6

TTtip,

Im not a rice racer type.

120 in a 60 zone, in a suburban area........your dead right......you'd be NUTZ to do that speed. But some of our rural highways are 60kph......i'd happily sit on 100kph.

The reason the police cannot stamp out street racing is because they dont want to. Simple.

Its politicaly GOOD to allow it to continue. Whilst the police have the Avarage JOE public fearing anyone with a performance car, euro or jap, its their game - No revenue.

The legislation passed can be used in ANY way the police see fit. Because of the way its written its near impossible to mount a defence in court, that is WRONG plain and simple.

I work with the police and law enforcement angencies every day of my life. Its what i do for a living. THIS is not the way to fix the problem.

Take a look at Finland, Sweden, Germany or any of the other "Euro" nations in that area. They HAVE the solution and have proven it to work over a long period of time. Their system works.

I attended the National Motoring Conference last year - everyone agreed that the Euro nations had the solution. BUT its politicaly DANGEROUS to enact legislation that is politically unpopular. So instead you cause fear and division in the community and make the young people of our community a TARGET and BLAME them for the PROBLEM.

Here are a few of the Ideas Used by some of the Euro nations:

1. Better Driver training - Zero tollerence
2. 0.00 blood alch level whist driving
3. Speeding fines are matched to your income level and ASSETS. This would suck in my case :-)
4. Higher speed limits in general - Lessens frustration on the road.
5. re-tests every 5 years
6. higher cost for initial license issue.
7. Permanante speed camera locations - No more hiding Multinovas in the bushes. Fixed locations in danger areas.
8. Your vehicle is inspected by the RTA every 3 years. No more crap cars with bad brakes, dangerous setups etc.

It works. Confiscation is NOT the answer. We dont want a police STATE we want a police SERVICE.

"To protect and serve the community." - WA police

I dont know what the police ministers problem is......BUT i'll bet its hard to pronounce.

Rant over. :-)

T