CLS55 AMG confiscated
Discussion
www.smh.com.au/news/World/NZ-police-impound-car-under-hoon-law/2006/01/11/1136956230849.html
so do you have any laws as stupid as that?
so do you have any laws as stupid as that?
but the penalty if the court finds him guilty (which they probably will, as enforcing that law is almost completely down to the police officer's discretion): up to 3 months jail or a $6000 fine! thats madness!
in fact its significantly worse than if he was caught driving past a primary school in town at 96kph at 8-30am on a schoolday. go figure...
in fact its significantly worse than if he was caught driving past a primary school in town at 96kph at 8-30am on a schoolday. go figure...
This might seem funny here (UK), but over there they can invoke the hoon law for "offences" including "causing unnecessary noise" and "display of excessive acceleration" both of which are defined as subjective measures meaning they can be applied at the officer's will. Tolerances are much lower for sporty or expensive cars... still think that's fair?
dave
dave
To invoke S59, the car needs to driven without due care and attention and also in a manner so as to cause distress, alarm or annoyance.
jamesson said:
To answer the original question, yes we do. Section 59 of the Police Reform Act 2002 allows police to warn the driver of a car being driven stupidly, ie doughnuts, handbrake turns, burn outs, or anything else considered anti-social behaviour - so it could even be just sitting there revving that 1.4 litre Peugeot with the howitzer exhaust.
Anyway, a marker is placed against both the car and the driver on PNC which lasts for the next twelve months and if the same driver does more anti-social stuff in the same or another car, the car gets towed and recovery and storage costs must be paid by the driver. Similarly, if it's the original car but a different driver (to stop them letting their mates have a go) then the car gets towed as well. Off the top of my head, it's £105 to get the car back plus something like £15-£20 per day for storage but I'm open to correction of the money involved.
Invoking this priceless bit of legislation also has the added bonus of such an outrage from the driver (even though they've had a previous warning, so must know the risk they're taking) that they eff and blind sufficiently to get themselves arrested for Public Order Act offences too. Brilliant.
7db said:
Jamesson - np. I think it's an horrific piece of legislation, and I've little respect for any Force that sees fit to use it. The appeal to judiciary and burden of proof is removed. It's a shambles.
hear hear
It's like so much New Labour legislation.
On the face of it starts out as something which seems to target an activity that most people find unnacceptable, eg doughnuts in Maccy D's car park, only to find that the reality of the legislation has grown like topsy. Then we get inappropriate use of that legislation and people who were never a problem in the first second and third place find themselves criminalised and, to be quite honest, justifiably hacked off.
Section 59 for 43 in a 30 anyone or did I dream that I read that somewhere?.
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