In 2006, legislators in Victoria responded to complaints about hoon driving by enacting new laws that permit the police to seize the vehicles used to commit hoon offences. The anti-hoon laws were strengthened in 2011.
Anti-hoon laws give the Victoria police the authority to seize and impound or immobilize vehicles for 30 days if the police have reasonable cause to believe that the driver has committed a hoon offence. The police may seize the vehicle even if the driver who committed the hoon offence does not own the vehicle. The legislature believed that “targeting what is nearest and dearest to the hoons’ hearts — their vehicles” would put an end to hoon driving behaviour.
There are two categories of hoon offences. The category known as “tier 2 offences” includes:
The phrase “intentional loss of traction” includes intentional skidding, intentionally making tires squeal, and making donuts and burnouts.
The other hoon offences, known as “tier 1 offences,” are regarded as more serious. They include:
What the police can do
If the police have reasonable grounds to believe that a vehicle has been involved in a hoon offence during the previous 48 hours, they are authorized to:
Search for the vehicle;
The vehicle can be seized from any location authorized by a search warrant. If the officer does not have a search warrant, the vehicle can be seized from:
A public place;
A private place if the owner consents; or
After seizing the vehicle, the police are authorized to:
Impound the vehicle in a holding yard for 30 days, or
If the vehicle was impounded, the costs of transportation and storage usually need to be paid before the vehicle will be released.
If you need some free advice, or need a competent lawyer to help you avoid a further vehicle impoundment or forfeiture,