70 replies to this topic

[lxsstorana]

So I have a question for LX406 and lxsstorana in relation to "Improper use of a motor vehicle, where the driver has intentionally caused one or more tyres to lose traction." taken from "Hoon Driving FAQ's" from www.justice.vic.gov.au

Anyone who leaves my driveway in winter/autumn will lose traction to one degree or another.
When I Drive down my driveway in winter & autumn, I drive through slushy mud. Shortly up the road is a set of lights, there is a gradient and there is nearly always a red light. When I take off from these lights, travelling up hill (about 15 or 20 degrees??), I always loose traction and have sometimes wheelspun into the intersection trying to get moving.

The other night (road was wet), this happened and there was a divisional unit right next to me. Because my car was cold and the carbie coughed and nearly stalled, I gave it a little gas, but wheel spinned and flicked sidesways a bit, right next to the cop car.
This is clearly not hooning. Now the police did nothing, in fact, they're pretty good down here. But what if these guys weren't? and what if I find myself in a dispute with a cop (who's just decided he doesn't like me) about whether or not my wheelspinning was intentional or not and thus 'hooning' and I find myself in a position where my car is about to be taken 'on the spot'?

The other thing I have to wonder about is in relation to "causing the vehicle to make excessive noise or smoke." taken from "Hoon Driving FAQ's" from www.justice.vic.gov.au
My concern here is that although I don't own one, there are a fair few forum members here that have loud cars that either borderline on EPA requirements or go over. These guys are not hoons and very rarely drive their cars. But if one of them took off from the light with a highstall converter, making a fair bit of a roar, under this new law, can a cop percieve him as a hoon? And what position could he find himself in? Can they use this law instead of issuing an EPA?

Cheers,
Rick.

That's one hell of a question Rick. I'll answer it from a NSW perspective (however I believe both NSW and VIC rules are similar). If you cause you vehicle to lose traction, you need to have control over it (makes sense). We understand that differents surfaces and gradients have different levels of adhesion. Factors such as bitumen, concrete, mud, rain, gravel, oil, camber of road will affect the performance and traction of your car. You are responsible for controlling your car in all conditions. Now we need to apply commonsense to the new legislation (and remember cops don't make the laws, politicans do). So like you mentioned in your statement, people who leave your driveway will lose traction. This is probably for a short time and can be expected. In NSW we focus on "exaggerated burnouts" which are listed on the Infringement Notice. This is for someone who has dropped the clutch and spun their tyres excessively, usually causing flumes of rubber smoke. In my opinion Police are not after people who are victims of local environment conditions, like you said its not hooning.

If you are in dispute with the police regarding any traffic related matter( in which you have received a ticket), you have the option of going to court. Yes I know this is a pain in the arse, but it is worthwhile if you believe in fighting for your rights. Recently I took my local council to court over their refusal to allow me to development my property. Cost me alot of money but I won the case. I reckon local councils are much worse than the police, but that's my opinion.

In relation to loud exhausts, police can issue a ticket or defect the car (or both) if they believe the exhaust does not comply. But the only true way to test the noise is by the EPA and you don't want to get an infringement of them. A loud exhaust will cost you about $1500 for a first offence from the EPA in NSW. The police infringement is only about $200. So their penalty/fine is nearly 8 times more than ours. Hope this helps but I don't know what in going on in Victoria. I suggest you go into your local police station or motor registry and talk to them and then post a reply on the forum. Regards Mick.

P.S. This is my longest post, do I win the 'War and Peace' award? Certainly have throw down the gauntlet to a few members.

Edited by lxsstorana, 10 July 2006 - 05:45 PM.

[lxsstorana]

Yep, that's the way I read it.

[lxsstorana]

Yep, that's the way I read it.

Regarding this post Toranr amore & devilsadvocate -I should expand. The way I read it was that due to mud and slush (from your driveway) you get a little wheel spin. Wasn't refering to you losing control. Obviously you know your own driveway and would be careful leaving it. Hope this clears things up.

[shanegtr]

I agree with ^^^, to get hoons off the roads is a 2 step process.
1 make the laws to discourage hooning on the street - which they have done, but I bet the laws have not decreased the hooning, just makes them get a little smarter and move to areas outta the way where they are less likely to get caught.
2 is to make areas where you can legally drag race/circuit/drift or whatever more available to people who want it. Karratha up here only has a population of around 14,000, but there was talk of a drag strip in town because of hoons. This is the sort of steps that are needed to help solve the problem. Maybe the goverment should be looking at ways to reduce the insurance for people who are looking at hosting these sorts of events. That would promote more events that people can compete in.

Just my thought on the matter