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Drivers face huge fines and three
years jail
Fiv Antoniou looks at new ‘hoon’ legislation and offers some alternative options
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18 Jan 2013
FIV ANTONIOU
Since the December 20 last year when the
Victorian Police Pursuits legislation took effect,
drivers who do a 'runner' from police are now
liable to face up to three years jail. This means
that fleeing from police and leading police
officers in pursuits, or car chases, is now an
indictable offence and punishable by a
maximum of three years in prison.
The Police Pursuits legislation is part of a
package to make roads safer together with the
tough new 'hoon' laws which have cars
impounded if used in unruly behaviour. Since
tough new 'hoon' laws were introduced in 2011,
the number of vehicle impoundments has
increased by approximately 20 per cent to
more than 4,140 in 2012 compared with the
previous financial year.
In effect, the Victorian Government will hit
(http://neoskosmos.com/news/sites/default/files
'hoons' with huge costs as they will not only
/2013/January/auto.jpg)
get their vehicle impounded but will be
thousands of dollars out of pocket once all fines and costs, including the cost of completing the
Safe Driving Program came, are implemented.
The Safe Driving Program will be mandatory for any driver found guilty of excessive speeding,
loss of traction 'burnouts', or street racing and who have their vehicle impounded or
immobilised. The fee for the program, which will be rolled out this year, is approximately
$1,000, allowing VicRoads to fully recover costs over five years. 'Hoon' drivers must complete
this program to prove that they deserve to be allowed back on the road.
The new costs, hard-hitting court fines, vehicle impoundment fees, drivers caught 'hooning' in
2013 could be slugged with financial penalties of up to $5,000. There may also be further costs
incurred to get the impounded car into a roadworthy condition before it goes back on the road.
The Safe Driving Program will apply to offenders found guilty of:
Exceeding the speed limit by 45 km/h or more (or 145 km/h in 110 km/h zone); Improper use of
a motor vehicle involving loss of traction by one or more wheels; Careless driving involving
improper use of a motor vehicle; Dangerous driving involving improper use of a motor vehicle or
driving in excess of the speed limit by 45 km/h or more or travelling at 145 km/h in 110 km/h
zone; Failing to have proper control of the vehicle in circumstances involving improper use of a
motor vehicle; Organising or engaging in a race/speed trial on public roads; or Causing a
vehicle to make excessive noise or smoke.
When an offender is ordered to undertake a Safe Driving Program within a specified time frame,
but fails to do so, the offender will be subject to an indefinite licence suspension.
The minister, Mr. Mulder said, "This Government is focused on not only removing these people
from the road, but changing their behaviour to prevent them from re-offending."
All good and well that the Government is looking after our safety, but there are motorists out
there who beg to differ on the definition of 'hoon' and the media has a lot to answer for the
'hoon' branding, which under Federal law may also be interpreted as vilification. Left to an
overzealous police officer's interpretation of an offence, a driver can have their vehicle
impounded for an emergency stop (locking wheels and screeching tyres) or for as little as
having their fog lights on a fine day.
It is also a dilemma that Australian drivers are restricted to an average of 100 km/h on freeways
(which by European road safety and police standards is considered to be a speed which creates
a lack of concentration, causes boredom and drowsiness) when European drivers can legally
travel in excess of 200 km/h on their freeways with fewer collisions. A classic case of one
country's 'hoon' another being country's model driver!
The Safe Driving Program the Government is proposing would better serve the community if it
was mandatory (at a cost of $1,000) for all drivers before they qualify for their drivers licence
and not after they have committed an offence. Driver education, proper mechanical knowledge
and defensive handling of a vehicle under all road conditions will be more effective than the
easy licence tests we have today. The German driver education and licence program costs
around $3000 to complete before a driver qualifies for their driver's licence.
Ask yourself this question: How many of our drivers would not be on the road today if they were
required to pass a safety, mechanical and skidpan control test before obtaining their drivers
licence? Not many indeed!
Parents should also bear a huge responsibility for the road toll. The Government need to make
it illegal for a young P-plate driver to drive any vehicle that is more than five years old from the
year of gaining their licence. Australians have a tendency to burden young inexperienced
drivers with the 15 year old family hack with no ABS or modern safety equipment and would
probably fail a road-worthy test - A recipe for disaster.
Impounding or crushing cars (this is even if the 'hoon' was using a car not their own) is not the
answer. It's a violation of civil rights. Of course we don't have a bill of rights in Australia and
that allows our legislators to do anything they want. A 'hoon' can drive another car with
impunity during the impound period, so what good is that? It may be wiser to suspend the
offenders's licence for 30 days and stopping them from driving, period. Much easier and cost
effective tearing up a licence than crushing a car!
The Government can save time and money by utilizing resources already in existence instead of
creating draconian legislation on the advice of desk bound traffic safety consultants.
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