What Is Hooning?
Hooning is a common word used to encompass dangerous and careless driving and covers a broad range of antisocial behaviours in a motor vehicle. It is important to be aware of the laws surrounding hooning and what steps to take if you have been charged with a hooning offence.
Types Of Hooning Charges What Offences Are Classified As “Hooning”?
Hooning offences can be broken down into two types. Type 1 offences involve careless or dangerous driving, speed trials, street racing, police evasion, burnouts and unnecessary noise or smoke. Type 2 offences involve driving a modified vehicle that is non-compliant with safety standards, driving without a licence, driving uninsured or unregistered, high range drink driving or driving 40km/h in excess of the speed limit.
Penalties For Hooning Offences
Different types of hooning carry different maximum penalties ranging from a fine, loss of licence or even imprisonment for behaviour such as street racing. In addition, your vehicle may be impounded or confiscated under amendments made to the laws in Queensland.
Impounding & The Confiscation of Vehicles Will My Car Be Impounded?
In Queensland, police now have the power to impound motor vehicles involved in hooning activities due to increased community complaints and speed camera monitoring. A motor vehicle involved in hooning can be impounded whether the owner was in control of the vehicle or not. Similarly, if you are operating a vehicle that is not yours, this vehicle can also be impounded.
Type 1 offences can result in the motor vehicle being impounded for 90 days. If there is more than one Type 1 offence arising out of the same circumstances, the motor vehicle can be impounded and may be forfeited. Type 2 offences will not carry the same confiscation issues unless there is more than one Type 2 offence arising out of the same circumstances, in which case the vehicle can be impounded for 7 days, 90 days or indefinitely depending on whether there are two, three or four further offences.
If your vehicle is impounded, you will bear the costs for transporting the vehicle to the impound lot and the costs for storage which can be a costly exercise.
Can I Apply to Get My Car Back If It’s Impounded?
You can apply to for an early release of your motor vehicle if the impoundment was unreasonable, not having your vehicle is causing you financial hardship, the hooning occurred without your consent or the cause of the hooning has been corrected (in the circumstance of improper vehicle modification). If your vehicle has been impounded, our lawyers will be able to assist you in making an application for the vehicle to be released.
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