Anti-hooning Flashcards
What is the relevant legislation regarding anti-hooning?
Traffic Regulations
37 Speed trials and races
37A Burn outs
37B Damaging surface of roads or public place
How may a prescribed hooning offence be dealt with?
Summons
Notice to Appear
Arrest
Traffic Infringement Notice
What are the two methods for impounding a vehicle under anti-hooning?
Police initiated
Court initiated
What must police do if invoking impound procedures?
Remain with the vehicle until it is collected by contractor and he is advised of the time and date the vehicle can be collected by the owner after tow/storage fee.
If at a station that does not have contract towing services members to impound the vehicle at the police station holding yards for 48hours unless revoked earlier.
Under section 29AD a police officer who reasonably believes a motor vehicle was used in committing a prescribed driving offence may?
Determine in writing that a vehicle be impounded
For the belief on the basis of a sworn complaint statement
Make the determination within 14 days of the offence
After making the impound determination the police officer must as far as reasonably practicable do what?
Give a copy of the Impound Determination Notice to:
The driver
Registered owner / operator (if not the driver)
The registrar of motor vehicles (for second or subsequent offence within two years)
If not impounding the motor vehicle at the time of the offence what must the officer do?
Complete a Notice to Person to Deliver Motor Vehicle within 14 days for subsequent service, section 29AF
What are the responsibilities of police under Section 29AE Review and revocation of impounding determination?
A senior Police officer of or above the rank of Superintendent must review the impound determination as soon as practicable and within 24hrs
What are the responsibilities of police when utilising wheel clamps under anti-hooning legislation?
The use of wheel clamps to secure the motor vehicle at the owner’ expectations residence, instead of contractor storage facilities, is not to be used unless it relates to a court ordered impoundment (3 - 6 months). In such matters, the OIC of the case is to ensure a Police Officer is present at the premises whilst the contractor fits the wheels clamps.
Constable tells you that he wants to apply to impound or forfeit a motor vehicle involved in a hooning offence, he states it is the second time the driver has been done for hooning. What advise do you give?
Where a person has been found guilty of a second or subsequent prescribed driving offence within two years the commission of the police may apply to the court for an order or a forfeiture order in relation to a motor vehicle used in the commission of the offence.
For an application to be made for an impound order or forfeiture order, the offender must be summonsed or arrested for the hooning offence(s). The prosecution file must contain the following additional requirements.
Note to Prosecutor outlining the request for the application of an impound order of forfeiture order (specify which one) including reason for seeking such an order.
After completing the prosecution file the constable asks you if he has to tell anyone that an application for impoundment/forfeiture has been made. What advice do you give?
The ‘Notice of Application’ for an order must be served on all persons with and interest in the vehicle and the signed declaration of service must be included with the file.
In the case of a Forfeiture Order the Register of Interests in Motor Vehicles must be checked and all persons with a registered interest in the vehicle must also be served with a ‘Notice of Application’
A notice (Notice of Application - Impounding Order or Notice of Application - Forfeiture Order) advising interested parties of the intention to apply for an order must be served on;
- the register of motor vehicles
- owner and registered operator of the vehicle
- spouse or de facto partner of owner / operator (if known)
- in the case of a forfeiture order, anyone with a registered interest in the vehicle.
After issuing a TIN for anti-hooning the constable asks what alerts does he have to put on PROMIS what advice do you give him?
You must place an anti-hooning alert on both the person and vehicle entities ensuring that the person and vehicle entity are linked.
What is the responsibility of a senior officer regarding impounding of vehicles?
Superintendent or above is responsible for reviewing the impound notice asap (or in any case, no later than 24 hours after the superintendent receives the document). If the superintendent is not satisfied the vehicle was used in the offence they must revoke the impound determination and return the vehicle. Cost met by police.
If the superintendent determines the person was not the owner of the vehicle (rental, stolen, without the authority of the owner) they must revoke the impound determination. Cost met by police.
