Mustang Owners Club Australia Forum
Technical & General Discussion Area => General Chat Room => Topic started by: 69ISH on October 10, 2014, 09:14:04 pm
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http://www.dailymercury.com.au/news/50000-hoon-car-may-be-crushed/2415218/#.VDeBrh-hqFg.mailto (http://www.dailymercury.com.au/news/50000-hoon-car-may-be-crushed/2415218/#.VDeBrh-hqFg.mailto)
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I think they should sell the car and have the driver crushed :smash:
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Pea brain!
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Goose!!!
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I think they should sell the car and have the driver crushed :smash:
Under the Qld anti hoon laws no matter how I drive the Mustang it can not be crushed or sold as I was smart enough to have it registered in my wifes name and she would never ever knowingly or willingly allow me to quote " accelerated and performed a burnout where the vehicle had a "sustained loss of traction". end quote so under the laws they can not confiscate the vehicle. :burnout: :bolt:
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Looks like there could be a cheap car coming up on the Gov auction sales. Keep your eyes open.
Also 69ISH, the car will be confiscated regardless of who it is registered to. The owner will have to sue the driver to get compensation for his/her loss. So doing naughty driving in someone else's car is still going to cost the driver $money.
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Looks like there could be a cheap car coming up on the Gov auction sales. Keep your eyes open.
Also 69ISH, the car will be confiscated regardless of who it is registered to. The owner will have to sue the driver to get compensation for his/her loss. So doing naughty driving in someone else's car is still going to cost the driver $money.
From what I have read they can only confiscate the vehicle if the owner knowingly allows / approves etc the driver drive in the illegal manner but I will research it again and add the link to the legislation.
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As far as I know Rodney your are sort of right but wrong also . If you were caught hooning say In your mustang and are the driver they take the car end of story . The owner of the car and in your case your wife then has to apply for an early release of her car . And sign a statement saying you did not have permission to drive her car in that manor . So at the end of the day the car still gets impounded but might get released earlier than the normal time frame .
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Looks like they will still confiscate the car whether the driver is the owner or not but the owner can apply for early release.
16.11.2 Prescribed offence happened without owners consent
See ss. 79C and 79D: 'Decision on application for release of impounded or immobilised motor vehicle on
basis prescribed offence happened without owner's consent' of the Police Powers and Responsibilities Act.
PROCEDURE
Where a delegated commissioned officer (see Delegation D24.57 of the Handbook of Delegations and
Authorities) receives a completed application from an eligible person for the early release of an impounded
or immobilised vehicle on the basis that the offence occurred without the consent of the owner, the officer is
to:
(i) consider the application and supporting documentation and make any necessary inquiries to reach
a decision. Where further information is required from the applicant, advise them as soon as
practicable;
(ii) if satisfied the relevant prescribed offence happened without the consent of the owner:
(a) grant the application with or without conditions;
(b) ensure as soon as practicable the applicant is given a QP 0962: 'Vehicle release notice
(Vehicle related offence)' (available on QPS Forms Select) for the motor vehicle;
(c) where the vehicle has been impounded, ensure a task is sent to the relevant vehicle
impoundment coordinator advising that the vehicle can be released; and
(d) where the vehicle has been immobilised by having the number plates removed and
confiscated, ensure a task is sent to the officer in charge of the officer who immobilised the
vehicle, advising that number plates can be returned to the owner;
(iii) where the application is refused, as soon as practicable, ensure the applicant is given a QP 0963:
'Information notice (Vehicle related offence)' (available on QPS Forms Select); and
(iv) update the relevant QPRIME occurrence providing:
(a) reference to any inquiries made to reach the decision;
(b) reference to any documents relied upon to reach the decision. Where such documents are
not already part of the occurrence or scanned into the occurrence, ensure the documents relied
upon are scanned into the occurrence; and
(c) sufficient details of the reasons for the decision.
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Well I don't think you will be hooning in the mustang at the moment anyway .
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Under the Qld anti hoon laws no matter how I drive the Mustang it can not be crushed or sold as I was smart enough to have it registered in my wifes name and she would never ever knowingly or willingly allow me to quote " accelerated and performed a burnout where the vehicle had a "sustained loss of traction". end quote so under the laws they can not confiscate the vehicle. :burnout: :bolt:
I thought that if you owned a car such as our dear Mustangs that we would surly have them insured, if that is the case the owner would have to nominate regular drivers as I have with my wife and I otherwise if we had a claim the unlisted driver would then have cost the owner a lot more in a claim, now I know there is no accident but just by being on the insurance papers as a listed driver wouldn't that mean the owner is aware of and has given permission for the said driver to use the car? hence taken responsibility and would know there driving ability .
But at the end of the day I still think you would get away with it :grin:
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Firstly. - this is in relation to the early release of an impounded car. A car seized for the second offence is (according to the legislation) not liable for release, but rather forfeiture to the Crown.
Secondly. - being on the insurance papers would be irrelevant, the legislation says the offence was committed without the owners consent, not the fact that the person was driving (if the owner had not consented to the person being the driver, they could be charged with illegal use of the vehicle.
Clear as mud!
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Got to be an idiot. The streets are not the place to do burnouts ! PERIOD !!
Stormin
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I don't ever plan on having to find out the legalities of it all but what he said^^^^
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It should at least be sold at a police auction or something, put the money back into something useful.
Such a waste to crush it just to prove a point, confiscating it will get the same effect.
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I think its doing what its meant to do, "get the message out there".
I love how they have found someone of incredible statue to make the media comments in favour of the vehicle. Sorry, Steve is it...and where are you from? :lmao:
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old saying " you reap what you sow" nuf said !
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Well here's 3 Mustangs that will never see a restoration.
Three 1965 Mustangs - Crushed for scrap (http://www.youtube.com/watch?v=jbrVYy0osHY#ws)
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Well here's 3 Mustangs that will never see a restoration.
Three 1965 Mustangs - Crushed for scrap (http://www.youtube.com/watch?v=jbrVYy0osHY#ws)
Tragedy. :cry:
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Under the Qld anti hoon laws no matter how I drive the Mustang it can not be crushed or sold as I was smart enough to have it registered in my wifes name and she would never ever knowingly or willingly allow me to quote " accelerated and performed a burnout where the vehicle had a "sustained loss of traction". end quote so under the laws they can not confiscate the vehicle. :burnout: :bolt:
Does Qld law have access to this forum, I figure if they did a presiding judge may take a dim view of these advertised comments and see it differently.... just saying
What did someone say...you reap what you sow!
luvhev
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If they were to confiscate and sell the car to a new owner, could the current owner then buy it back (off a new owner) and register the car again?
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If you read the article
Under the new laws, anyone caught doing burn-outs, doughnuts, drifting or other hooning behaviour can have their vehicles taken off the road for three months, while a slew of other offences can see drivers lose their car for at least a week.
Any follow-up within five years will result in the car being forfeited and sold or crushed.
So you would have to pretty stupid to be a repeat offender and to be honest if you are driving like an idiot then you do deserve to get your car impounded ..they would not crush a classic car.