“If you want to tear up our roads, we’ll tear up your car.” These words from police minister Mark Ryan in an April 2023 statement ensured that Gold Coast traffic lawyers and their clients took note of Queensland law enforcement’s intention to crack down on hooning.
The Ministry of Police acknowledged that Queensland has always had the nation’s toughest anti-hoon laws. Nonetheless, these laws have become even tougher. Those facing criminal charges related to hooning should ensure that they have an experienced and knowledgeable Gold Coast traffic lawyer by their side.
What is Hooning?
According to the Queensland government’s website, ‘hooning’ describes any anti-social behaviour in a motor vehicle. It includes speeding, street racing, and burnouts, as well as:
- Driving in a way that makes unnecessary noise or smoke
- Dangerous driving
- Careless driving, and
- Driving without reasonable consideration for others
How Many Penalty Points or Jail Time Can I Get for Hooning?
Different offences are met with different penalties, as laid out in various sections of the Transport Operations (Road Use Management) Act 1995 (Qld), the Queensland Criminal Code, and the Police Powers and Responsibilities Act 2000 (Qld).
The maximum fine for driving in a way that makes unnecessary noise or smoke is 20 penalty units, according to Regulation 291 of the Transport Operations Act.
Section 83 of the Act states that “any person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.”
More serious offences, such as careless driving, are met with up to 40 penalty points or 6 months imprisonment. If reckless driving results in severe bodily harm or death, the perpetrator may be liable for 80 penalty units or up to a year behind bars.
Section 328A of the Queensland Criminal Code states that anyone who operates a vehicle dangerously commits a misdemeanour. A penalty of 200 penalty units or up to three years’ imprisonment may follow conviction. However, if aggravating circumstances exist, 400 penalty points or up to five years’ jail time may apply.
Can Street Race Organisers Get IntoTrouble?
During Minister Ryan’s April statement, he listed ways in which anti-hoon laws were bolstered. Organising, promoting, or engaging in street racing has been criminalised in Section 85 of the Transport Operations (Road Use Management) Act, as have the following activities if performed without a permit:
- Attempting to break a speed record on the street
- Carrying out a speed trial
- Trying to display driving skills or the mechanical condition of one’s vehicle to win a trophy or get a reward of $100 or more
Upon conviction, those who contravened this section may face up to 40 penalty units or up to six months imprisonment.
Can the Police Confiscate My Car for Hooning?
In addition to the penalties above, the Police Powers and Responsibilities Act
Authorises the Queensland Police to impound, immobilise and confiscate vehicles involved in hooning.
Confiscation entails that government takes away your vehicle permanently, but is only imposed for a second Type 1 hooning offence or a fourth Type 2 hooning offence.
Type 1 hooning offences include:
- Dangerous driving
- Careless driving
- Organising, promoting, or taking part in racing and speed trials
- Willfully starting a motor vehicle in a way that makes unnecessary noise or smoke
- Evading police
Once you have committed a first Type 1 offence, your vehicle can be impounded or immobilised for three months. Upon a second conviction, it may be confiscated.
Type 2 hooning offences include:
- Driving a vehicle that is uninsured and unregistered
- Driving without a valid license
- Driving while under a 24-hour suspension order
- Drink driving with a blood alcohol level above 0.15%
- Exceeding the speed limit by more than 40km/h
- Driving a modified vehicle that does not comply with vehicle safety standards
Once you have committed two Type 2 offences, your vehicle may be impounded or immobilised for 7 days. Upon a third offence, it will be for 90 days. Once you have committed your fourth Type 2 offence and legal proceedings have concluded, the vehicle may be confiscated.
Conclusion
As indicated in this article, there are different considerations when it comes to hooning. Get in touch with our Gold Coast traffic lawyers to ensure that you clearly understand these laws.