Type 1 & 2 Impoundment Information

[Imtorqing]

I thought I would put up an information post for the Queensland Guys so they are aware of what can happen when pulled over by the Po Po as some of the old wives tales I see posted up have me in stitches .

****NOTE YOU WILL BE SENT TO COURT BY NOTICE TO APPEAR AND IMPOUNDMENTS WILL OCCUR REGARDLESS IF YOU ARE DRIVING FRIENDS AND OTHER FAMILY/BUSINESS CARS INCLUDING FULLY LOADED SEMI TRAILERS (HAS HAPPENED)*****

The Type 2 offences came in officially all over Queensland in July this year. They were already in play in Logan and Ipswich prior to.

Type 1 are commonly referred to Hoon type offences.

A type 1 vehicle related offence means any of the following offences committed in circumstances that involve a speed

trial, a race between motor vehicles, or a burn out—

(a) an offence against the Criminal Code, section 328A (DANGEROUS OPERATION OF A MOTOR VEHICLE)

committed on a road or in a public place;

(b) an offence against the Road Use Management Act,

section 83(CARELESS DRIVING);

© an offence against the Road Use Management Act,

section 85(STREET RACING);

(d) an offence against the Road Use Management Act

involving wilfully starting a motor vehicle, or driving a

motor vehicle, in a way that makes unnecessary noise or

smoke.(BURNOUT)

YOU COMMIT ONE OF THE ABOVE AND YOUR CAR IS IMPOUNDED FIRST GO

Type 2 offences relate to the following but personally I dont really align with Hooning Offences (Defective is the only one impacting on modified Car owners)

Driving an Unregistered and Uninsured Motor vehicle on a road.

Classification of Unregistered - one minute after midnight of the day that the registration expires

Classification of Uninsured - Registration expired more than 30 days as you are no longer covered by third party compulsary insurance which is an offence under the Motor Accident Insurance Act 1994

NOTE : VEHICLE MUST BE BOTH UNREGISTERED AND UNINSURED TO BE CLASSIFIED AS A TYPE 2 OFFENCE

Unlicenced driving - Includes Court Disqualification, Demerit points suspection, Spers Suspension(Failing to pay for your tickets), High Speed Suspension(Getting done doing over 40kph).

Failing to provide a specimen of breath or Saliva - Failing to provide a specimen of your breath for a roadside breath test or saliva for a roadside Drug test.

Driving etc. while under the influence of Liquor or Drug - Over .15 % (Legal limit is .05%)

Driving whilst under a suspension relating to drink driving or drug driving - A notice issued by the arresting officer after your found to be over .15% etc which is an immediate suspension until first appearance in court.

Drive defective Vehicle - (a) the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act; or

(b) the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act.

TYPE 2 IMPOUNDMENTS AND FORFEITURES ETC

IF YOU GET DONE ONCE FOR A TYPE 2 YOU ARE RECORDED AS A ZERO OFFENCE NO IMPOUNDING OF YOUR VEHICLE. THE SECOND TIME YOU GET DONE YOUR VEHICLE CAN BE IMPOUNDED BUT IT HAS TO BE A SECOND TIME COMMITTING THE SAME OFFENCE IE TWO TIMES DONE FOR UNLICENCED DRIVING.

THIRD OFFENCE - IMPOUNDMENT AND APPLICATION FOR THREE MONTHS IMPOUNDMENT CAN BE MADE.

FOURTH TIME - IMPOUNDMENT AND APPLICATION CAN BE MADE FOR YOUR VEHICLE TO BE FORFEITED TO THE STATE

TYPE 1 IMPOUNDMENTS AND FORFEITURES ETC

FIRST OFFENCE - VEHICLE IMPOUNDED

SECOND OFFENCE - VEHICLE IMPOUNDED AND APPLICATION FOR THREE MONTHS IMPOUNDMENT CAN BE SOUGHT

THIRD OFFENCE - IMPOUNDED AND APPLICATION FOR FORFEITURE OF YOUR CAR TO THE STATE CAN BE MADE.

FOR TYPE 2 OFFENCES

P.S Defective Vehicles is a bit of a bugger. Basically you can get defected for say a broken headlight the first time. Then you can be defected for say the car being too low and that is your second and then they could defect you for a completely different thing the third and fourth times but it still fits under defective vehicle. I think it should have been same defect each time.

Cheers Imtorqing

[SilverECR33]

good info, thanks!

just wondering

the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act; or

Does this mean, that we could assume if we hold a mod plate or paperwork for said modification, we are exempt from being infringement of this defect offence? or are we No longer Exempt, as the wording seems to indicate the latter.

[Tyson 1990]

So how long is your vehicle impounded for on the Type 1 First Offence?

[ToMMaH]

Drive defective Vehicle - (a) the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act; or

(b) the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act.

P.S Defective Vehicles is a bit of a bugger. Basically you can get defected for say a broken headlight the first time. Then you can be defected for say the car being too low and that is your second and then they could defect you for a completely different thing the third and fourth times but it still fits under defective vehicle. I think it should have been same defect each time.

Just have to clear this one up. It is for illegal modifications only. A Broken headlight may be a defect but it is not an illegal modification and you will not have your car taken for it.

[ZENNON]

So how long is your vehicle impounded for on the Type 1 First Offence?

48hours - ask me i know

[Tyson 1990]

48hours - ask me i know

Hahah thanks, 48 hours doesn't seem too bad .

[red_screamer]

yeah... 48 hrs it is bad though dont do it lol

i learnt from mine... 12 months without a licence for something MINOR

Edited December 7, 2008 by red_screamer

[Imtorqing]

Just have to clear this one up. It is for illegal modifications only. A Broken headlight may be a defect but it is not an illegal modification and you will not have your car taken for it.

Yeh my bad, it is for illegal modifications only, you can get done three times for three different modifications should police wish and it will still fall under the same category.

If your car is modified and features the appropriate modification plate and paperwork by an authorised person there shouldnt be any problems. I have always kept my paperwork in the car.

Keep in mind there has always been a big divide between what Qld Transport classify as street legal and what police do.

Police generally will target ;

Exhaust noise, unfastened pod filters, smaller than standard steering wheels, ride height, wheel and tyre sizes, chopped chassis rails, chopped front reo bars, BOV's etc.

Cheers

Imtorqing

[Trapper]

The biggest problems with these is that it is left up to the cops discretion as to whats illegal (as seen by what happened to ToMMaH) and that your car getting impounded is punishment before trial and therefore perverting the coarse of justice (only way i can put it its probley got some legal definition) by being guilty before proven innocent.

What we need here in Aus is an organization to stand up for our rights as car enthusiests, we are getting persecuted becuase we enjoy our cars and want to make them unique. Now I am not talking about defending hooning or drink driving or similar I am purley againt these illegal modifications laws as we have no actual list of what the cops can target us with, QLD transport's own booklet dosn't cover most of the stuff we can do to our cars and tech is evolving all the time.

Say in my case I have a GFB deceptor pro blow off valve, on the roads i drive with it set to plumb back and when i goto the track i open it up but all it needs is one over zelous cop to take exception to me over it and i could potentialy lose my car due to it being an illegal modification. (and i am not even going to get into the whole battery pan hole cutting thing)

So everyone I encourage you to step up and say NO MORE, We demand fairness which includes cops who don't specificaly target us becuase of our cars when there are clapped out bangers on the road that are a danger to everyone, A list of what is actualy illegal in the goverments eye and a leniancy if its obvious we are going to the track as to what mods are on the car at the point (seriously who can afford to take a mechanic with them or get a towtruck to the track everytime)

Edited December 7, 2008 by Trapper

[Imtorqing]

I agree with Trapper.

I believe their should be a universal code between Qld Transport and Qld Police. This would give modified car owners a black and white code of conduct when it came to modifying their cars.

This would be of benefit to the community and the police. This is because most police officers have no idea on what is defective or not and when you ask them why is it illegal they dont know.

Also more motoring venues for enthusiasts would be great as Willowbank and Qld Raceway in Brisbanes deep South is a big travel for most.

[Trapper]

Maybe the first ones we should talk to are the RACQ and if they can't do anything i am going to try to start my own lobby group

Edited December 8, 2008 by Trapper

[Gts-t]

i miss the good old days, sigh

[sneakey pete]

Also more motoring venues for enthusiasts would be great as Willowbank and Qld Raceway in Brisbanes deep South is a big travel for most.

Well, they are building that new track just north of the Gold coast (or is it just still in planning?)

[Trapper]

Well, they are building that new track just north of the Gold coast (or is it just still in planning?)

that was more aimed at v8 supercars and such i think. Guys keep an eye on this thread over the next couple of weeks i will make an announcement in here and let you know what i have planning that might interest you, alternatively if your coming to the cruise on sunday look me up i will be in the black 180 with a spider airbrushed on bonnet. I will be at the gold coast meet point and the show and shine.

[OWN U]

What if you get away and they don't get you within 48 hours or you don't hear anything from them for over a week?

[Imtorqing]

What if you get away and they don't get you within 48 hours or you don't hear anything from them for over a week?

They can still rock up, send you to court and seize the car as the legislation does not state that any time period applies. Only car they cant seize is a rental car.

[OWN U]

I guess time will tell