September 26, 2013

Police Commissioner Ian Stewart warned today that new legislation will come into force on November 1 to help curb dangerous behavior on Queensland roads.

Under the legislation, people found guilty of various offences can have their cars impounded or forfeited.

“This legislation is not about targeting law abiding drivers or those with legal modifications but about ensuring those who put the lives of other road users at risk by their reckless behaviour, face the consequences,”  Commissioner Stewart said.

“A majority of Queenslanders take care on the road but there is a small minority who think they are above the law.

“This new tougher legislation ensures hoons and those who flout road rules know the roads are not their private playgrounds.

“Under this new legislation anyone found guilty of a Type 1 motor vehicle offence may have their car impounded, and if they commit two offences within five years their wheels are gone for good.”

To ensure that all motorists are aware of their obligations under the new legislation, a community education campaign will begin in mid-October.

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The changes apply to both Type 1 and Type 2 offences:

Type 1 offences:

  • 90-day vehicle impoundment for first offence (dangerous operation or careless driving such as burn-outs or drifting; racing, speed trials, wilfully starting or driving a motor vehicle in a way that makes unnecessary noise or smoke, evade police). Towing and storage of impounded vehicle is at the owner’s expense. The vehicle is liable for forfeiture for second offence.

Type 2 offences

  • 1st offence – vehicle will not be impounded or immobilised (infringement notice, notice to appear or arrested for first offence, such as, unlicensed driving, failing to suplly a breath specimen, high-range drink driving, exceeding speed limit by more than 40km/hr, driving a vehicle that is both uninsured and unregistered, and non-compliance with vehicle standards.
  • 2nd offence – seven-day impoundment or immobilisation
  • 3rd offence – 90 days impoundment or immobilisation
  • Subsequent offence – vehicle liable for forfeiture

Under certain circumstances the owner or regular driver of the impounded or immobilised vehicle may apply to the Commissioner of Police for early release (eg severe hardship, offence occurred without owner’s consent).

Drivers committing their first Type 2 offence will be provided with information regarding consequences of committing further offences.