Nsw New Anti-hoon Bill

[d00dz]

It's been passed: Copy and paste pdf link below or click my link to the pdf.

http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/c0dfe2f32e25e84aca2573fb0017c203/$FILE/b2007-159-d15-House.pdf

If you cannot view it goto my mirror: http://members.iinet.net.au/~doodz/b2007-159-d15-House.pdf

Easier to read HTML version: http://www.austlii.edu.au/au/legis/nsw/con.../rtlaha2008464/

ROAD TRANSPORT LEGISLATION AMENDMENT (CAR HOONS) ACT 2008 - LONG TITLE

An Act to amend the Road Transport (General) Act 2005 , the Road Transport (Safety and Traffic Management) Act 1999 and certain other road transport legislation to make further provision with respect to certain speeding and other dangerous driving offences; and for other purposes.

This was passed a while ago, so I figured I'd throw up a thread for discussion.

Note: 1 Penalty Unit = $110

The important bits are pretty much below (I've pulled info from the relevant acts to make it easier to read)

Regards to Burnouts/Loss of Traction

Subsection (1)

A person must not, on a road or road related area, operate a motor vehicle in such a manner as to cause the vehicle to undergo loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle.

(2) A person must not:

(a) operate a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road or road related area beneath one or more tyres of the vehicle, or

(b) do, or omit to do, any other thing that prolongs, sustains, intensifies or increases loss of traction as referred to in subsection (1), or

© repeatedly operate a motor vehicle contrary to subsection (1), or

(d) operate a motor vehicle contrary to subsection (1) at a time, or on a road or road related area in a place, knowing that there is an appreciable risk that operation of the vehicle in that manner at that time and place is likely to interfere with the amenity of the locality or the peaceful enjoyment of any person in the locality or make the place unsafe for any person in the locality, or

(e) willingly participate in any group activity involving the operation of one or more vehicles contrary to subsection (1), or

(f) organise, promote or urge any person to participate in, or view, any group activity involving the operation of one or more vehicles contrary to subsection (1), or

(g) photograph or film a motor vehicle being operated contrary to subsection (1) for the purpose of organising or promoting the participation of persons in any such group activity.

Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).

Races/Speed Trials n.b It is important to note here at no point in the legislation or the schedules or annexes is "race" defined. This is a potential problem as it is open to intepretation.

40 Races, attempts on speed records and other speed trials

(cf Traffic Act, s 4B)

(1) A person must not organise, promote or take part in:

(a) any race between vehicles on a road or road related area, or

(b) any attempt to break any vehicle speed record on a road or road related area, or

© any trial of the speed of a vehicle on a road or road related area, or

(d) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road or road related area,

Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).

n.b Below is worrying, open to a lot of discretion....

Police Powers

(1) A police officer who reasonably believes that a motor vehicle:

(a) is being or has (on that day or during the past 10 days) been operated on a road so as to commit an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999 , or

(b) is the subject of a period of clamping or impounding, or the subject of forfeiture, under section 219 or 219A

(1A) The police officer may do any one or more of the following:

(a) clamp the motor vehicle (if the police officer is a clamping agent) or cause the vehicle to be clamped by a clamping agent,

(b) seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner,

© immediately, or as soon as practicable afterwards, give the driver, and (if the driver is not the registered operator of the motor vehicle) the registered operator, a notice requiring the driver or registered operator to remove or cause the vehicle to be removed to, or produce or cause the motor vehicle to be produced at, a place specified in the notice within 10 days after the notice is given (a "production notice").

(1B) A production notice may be given personally or by post and must state the ground on which it is being given.

(1C) A motor vehicle may be clamped under subsection (1A) at:

(a) a road or public place, or

(b) any place under the control of or used for the purposes of clamping motor vehicles by a clamping agent, or

© the home address of the driver or registered operator.

Note: "Home address" is defined in section 3.

(1D) Subsection (1C) © does not confer power to enter any place that could not otherwise lawfully be entered.

(2) A motor vehicle may be seized under subsection (1) from:

(a) a road or public place, or

(b) any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 228.

(3) For the purpose of exercising the powers conferred by subsection (1), a police officer may cause any locking device or other feature of the motor vehicle concerned that is impeding the exercise of those powers to be removed, dismantled or neutralised and may, if the driver or any other person will not surrender the keys to the vehicle, start the vehicle by other means.

(4) Any motor vehicle removed to a place in accordance with subsection (1) may, subject to the regulations, be impounded at that place or may be moved to and impounded at any other place determined by the Commissioner.

(5) A motor vehicle that may be removed under subsection (1) or (4):

(a) may be moved by its being driven, whether or not under power, or by its being towed or pushed, or in any other manner whatever, and

(b) may be moved by one or more police officers or, at the direction of a police officer, by persons engaged by the Commissioner, and may be impounded at premises under the control of the Commissioner or of another authority or person.

(6) The regulations may make provision for or with respect to requiring the responsible person for or driver of a motor vehicle to pay a fee in relation to the towing of the vehicle under this section. The whole or any part of the fee that is unpaid may be recovered from the responsible person or driver of the motor vehicle by the Commissioner as a debt due to the Crown in any court of competent jurisdiction. A certificate in writing given by a police officer as to the fact and cost of towing is evidence of those matters.

[Sl!m]

glad I am about to put my car back up for sale then

[Dose Pipe Sutututu]

time to sell my car I guess

They're going to find every single way to take your car off the road.... I can already predict it.

Scenario: Car with button clutch, steep hill start, instant wheel clampage and/or impound.

[ignuz]

Won't change much.. Except for the cops who seem to enjoy power tripping. They'll probably be pushing this as far as they can.

[Yawn]

Fark is all I have to say

[Abo Bob]

I had a bit of a look through it and it seems to me they are writing this legislation from two angles. They are giving great discretion to police officers and they are making it sound very scary - Anyone like to have their pride and joy wheel clamped on Parramatta road for 3 months? It would be gone or stripped in 3 days, maybe 3 hours.

On the other side though there appears to be some room for Magistrates and Judges to take certain factors into consideration which they often don't do these days. What this means is that the cops can and will go hard at us but the courts have the ability to help if we are genuinely wrongly accused.

I'd be interested to hear what insurance companies would say about their coverage of a vehicle wheel clamped by the side of the road for months on end.

[Anna34]

omg...

its outta control aye.

say goodbye to your car right there on the spot then.

thats f**ked.

[DECIM8]

Well, I never believed they would pass something like that. Did the media report on it?!

Its interesting, I guess it will sort out the dodgy drivers but the power concerns me.

In light of this I have heard of many drivers engaging in street racing and so on with current laws and the police have actually let them keep the cars but instead issues major fines and demerit points and in all cases disabled the driver (i.e suspended)

I have since heard of 3 instances and witnessed one where the police have done this.

Im not sure if there is a large amount of paper work or whatever but thats what ive noticed. Maybe they understand losing your car to a impound is like kissing your $30,000 part list goodbye.

Personally I have a perfect record and plan to keep it that way. Also I dont get the point of massive burnouts anyway.

[Anna34]

I know they issue a fine, suspension of licence and impound of vehicle.

All of which you have to pay for... and plus...

you get charged for the storage of where your car gets impounded,

and its charged PER DAY.

AND after you have done the time there is a final payment for

releasing the vehicle, which they call :"the admin fee".

This happened to this guy that i work with.

So yeah..... after vehicle was released,

ALL mods done to the car had to be removed

and everything had to be back to stock (exhaust, intercooler, BOV, etc...)

and you have to get it inspected by EPA before you can drive it around.

AND PLUS EPA fees too....

After paying for everything, you might as well

buy a new car!!

[charlie25T]

I can break traction in my dads corolla... will they impound that pr clamp it

Mind you i have a Type R, R33, and a Xr8 ute

so im f**ked everytime i drive

if my licences gets taken off me I can breack traction on my push bike too...

fark

lets walk

[br3tt]

Looks like there will be a lot of commodores clamped on the local streets

[DECIM8]

Haha doubt that

[Yo-Yo]

fark me dead, my r34 gets sideways on normal driving...

Time to buy new tyres I guess

If you're not a hoon then nothing to worry about except roadside RBTs that ask you to pop the bonnet

I had most things bolt on bits in my engine bay painted black and haven't had a drama since (fingers crossed)

[jenkies]

wow.... altho if we do keep careful this will not apply to us... there are tracks here and there for the silly stuff..... maybe with the tightning of all the street laws lately sau should take a stronger stance on anti hooning..... get it known public that sau is the anti hooning club.... i know it sounds radical but every sau event ive been to everyone respects the law and keeps it safe not drawing attention to ourselves..... dont mean to be a grandpa here.. i used to be a hell raser on the roads and am so ashamed of it now after a suspended liscence and complete change of life style for over a year....

just an idea.... ideas would be appreciated

[sh@un]

Australia descends even further into a police state

So- when do the concentration camps commence operation, mein Fuhrer?

[jenkies]

time to sell my car I guess

They're going to find every single way to take your car off the road.... I can already predict it.

Scenario: Car with button clutch, steep hill start, instant wheel clampage and/or impound.

lol yeah i got a button clutch..... handrake and a loving clutch foot equils all good up a hill.... u'll be fine

[tbag]

(1) A person must not organise, promote or take part in:

(a) any race between vehicles on a road or road related area

question:

if a undercover police officer starts a street race should their car be impounded?

cause that happened in wollongong the other week where they were driving around in the 2 ford ft-p's, and they were driving around trying to race people.

[NYTSKY]

UMM dont race???

If you race on the road,you are a tool.Thats what the track is for.

If you dont draw attention to yourself it will lessen the chance of being pulled over.

Granted i have been pulled over without warning.But it helps not to be a wannabe drifter or be racing for pinks yo.

[Anna34]

Australia descends even further into a police state

So- when do the concentration camps commence operation, mein Fuhrer?

I agree. Its beginning to swing that way.

But maybe they are starting the discipline early

to avoid being like America?? Just a thought aye....

[GoldZilla]

wow.... altho if we do keep careful this will not apply to us... there are tracks here and there for the silly stuff..... maybe with the tightning of all the street laws lately sau should take a stronger stance on anti hooning..... get it known public that sau is the anti hooning club.... i know it sounds radical but every sau event ive been to everyone respects the law and keeps it safe not drawing attention to ourselves..... dont mean to be a grandpa here.. i used to be a hell raser on the roads and am so ashamed of it now after a suspended liscence and complete change of life style for over a year....

just an idea.... ideas would be appreciated

SAU-NSW (the club) has previously kicked out a member due to that person being a total clown and potentially bringing disrepute to the club. We don't need any bad publicity, most people already probably hate us to some extent simply because we choose to enjoy our cars - even when we do it responsibly!

That's why SAU-NSW organises track days (regularly keep an eye on the Events section), etc.

(1) A person must not organise, promote or take part in:

(a) any race between vehicles on a road or road related area

question:

if a undercover police officer starts a street race should their car be impounded?

cause that happened in wollongong the other week where they were driving around in the 2 ford ft-p's, and they were driving around trying to race people.

UMM dont race???

If you race on the road,you are a tool.Thats what the track is for.

If you dont draw attention to yourself it will lessem the chance of being pulled over.

Granted i have been pulled over without warning.But it helps not to be a wannabe drifter or be racing for pinks yo.

I see where tbag is coming from though - what if you have absolutely NO intention or facing, but the cop still tries to initiate it. Shouldn't the cop be treated as guilty, simply for trying to initiate it in the first place. I know we don't have any entrapment laws here (and if you do try to race him/her, then you deserve all you get), but my opinion is that "Whatever is good for the geese is good for the gander." i.e., if WE'RE not allowed to initiate a race, why should THEY be allowed to?