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Research Note Department of Parliamentary Services No Parliamentary Library & Information Service Research Note Department of Parliamentary Services No. 3: July 2015 Parliament of Victoria ISSN 2204-4779 (Print) 2204-4787 (Online) Road Safety Amendment Bill 2015 – Hoon Driving Contents Executive summary Introduced: 23 June 2015 2nd Reading: 24 June 2015 Hoon driving House: Legislative Assembly Commencement: 30 October 2015 (Part 2); Day after Royal Assent (Part 1, 3 and 4). What the Bill does Other jurisdictions Links to key documents including the Bill, Explanatory Memorandum, Statement of New South Wales Compatibility and Second Reading Speech can be found on the Library’s New Bills Information Links page for this Bill. South Australia Queensland For further information on the progress of this Bill please visit the Victorian Legislation website. Western Australia Executive summary The Road Safety Amendment Bill 2015 was introduced on 23 June 2015 to ‘create a regime where a driver of a motor vehicle that is involved in an accident resulting in serious injury or death must undergo a drug test’.1 The Bill also makes changes to the hoon driving regime to allow Victoria Police to recoup costs for the impoundment and immobilisation scheme, to clarify under what circumstances exceptional hardship can be considered by the court (when hearing an impoundment, immobilisation or forfeiture order), and other matters. This Research Note has been divided into two parts to provide background and resources on two aspects of the Road Safety Amendment Bill 2015. This Research Note (no. 3) will examine the proposed changes to hoon driving, with reference to the legislative framework in selected other jurisdictions. Readers are advised to refer to Research Note no. 2 for details on the drug driving aspects of the Bill, including the proposed changes to drug driving legislation, a history of roadside drug testing, background on the increased prevalence of the drug ‘ice’ (crystal methylamphetamine) and an examination of road safety legislative frameworks in selected other jurisdictions. Hoon driving As noted, the Bill also makes amendments to hoon driving laws. ‘Hoon driving’ is a term used to describe driving that is dangerous and reckless and puts the public at risk. In his Second Reading Speech, the Minister for Police, the Hon. Wade Noonan stated: 1 Explanatory Memorandum, Road Safety Amendment Bill 2015, p. 1. PARLIAMENTARY LIBRARY & INFORMATION SERVICE | Research Note 1 Hoon activities are a major contributor to road trauma, as they are intentional high-risk driving activities. The risk of death and serious injury is significantly increased by this dangerous driving, and innocent spectators or bystanders are placed at risk. The sanctions must be effective and severe to deter these dangerous drivers and to protect the community.2 In Victoria, hoon driving offences are categorised into two ‘tiers’ in the Road Safety Act 1986. Both tiers are defined in Part 6A (‘Impoundment, immobilisation and forfeiture of motor vehicles’) of the Act.3 Tier one offences include: . speeding or dangerous driving at 70km/h or more over the limit or at 170km/h or more in a 110km/h zone; . repeat drink driving with blood alcohol reading of 0.10 or higher; . repeat driving under the influence of drugs; . repeat unlicensed driving; and . repeat driving while suspended or disqualified. Tier two offences include: . speeding or dangerous driving at 45-69km/h or more over the limit or at 145-169km/h or more in a 110km/h zone; . street racing and speed trials; . ‘improper use’ of a vehicle by intentionally making one of more wheels lose traction (for example: skids, burn-outs, handbrake turns, donuts); . not obeying a lawful direction to stop; . driving while a passenger is not wearing a seatbelt; and . driving a vehicle when passengers are sitting in an area not designed for passengers. The penalties that a Magistrate can impose for these offences include: a court order to impound or immobilise the vehicle for between 30 days and three months, a court order that a vehicle be forfeited and sold if found guilty of more than one (tier one) offence, or other penalties such as a fine, loss of demerit points, licence suspension, licence cancellation, imprisonment or disqualification from driving.4 Anti-hoon laws were introduced in Victoria in July 2006 with the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Bill 2005. Changes to legislation from July 2011 with the Road Safety Amendment (Hoon Driving) Bill 2010 extended the period for which a vehicle may be impounded or immobilised from 48 hours to 30 days. Section 84F of the Road Safety Act 1986 states: (1) If a police officer believes on reasonable grounds that a motor vehicle is being, or has been used in the commission of a relevant offence, he or she may— (aa) search for, or gain access to, the motor vehicle; and (ab) direct a person of or over the age of 18 years at the premises being searched to provide information concerning the location of the motor vehicle; and (a) seize the motor vehicle or require it to be surrendered; and 2 W. Noonan, Minister for Police (2015) ‘Second reading speech: Road Safety Amendment Bill 2015’, Debates, Victoria, Legislative Assembly, 24 June, p. 2122. 3 See the definitions for Tier one and Tier two relevant offences in s 84C of the Act. 4 See also Victoria Legal Aid (2014) ‘Hoon driving and impoundment’, Victoria Legal Aid website, 8 April. 2 Research Note | PARLIAMENTARY LIBRARY & INFORMATION SERVICE (b) impound or immobilise the motor vehicle for the designated period. What the Bill does The Road Safety Amendment Bill 2015 amends the Road Safety Act 1986 to include a new definition of ‘designated costs’ to include administrative and corporate support costs for the impoundment or immobilisation of a vehicle as part of the designated costs. In the current Act, ’designated costs’ are defined as driving or moving the vehicle to a holding yard or place where the vehicle is to be immobilised, storing the vehicle, releasing the vehicle and ‘includes any additional costs incurred if the motor vehicle is impounded or immobilised for longer than the designated period’ or ‘any additional costs incurred if the motor vehicle is relocated’ (s 84C(1)). The Bill also amends the section 84Z of the Road Safety Act 1986 to set out the circumstances when a court must not to decline to make an impoundment, immobilisation or forfeiture order on the grounds of exceptional hardship. Key resources . ‘Hooning’ around: A focus group exploration into the effectiveness of vehicle impoundment legislation / Monash University Accent Research Centre, 2011 Australasian Road Safety Research, Policing and Education Conference . Victoria’s anti-hoon legislation and policing methods used to prevent hooning behaviour / S. Perry & T. McGillian, Joint ACRS-Travelsafe National Conference, 2008 . Anthony Zaia’s death prompts coroner to call for tougher road rules / A. Lowe, The Age, 28 August 2013 . Cars seized from Victorian hoon drivers will be used to train CFA, SES workers / K. Moor, Herald Sun, 28 November 2013 . Mum and dad hoon cars to be clamped in driveway rather than impounded under Victoria Police pilot program / R. Cavanagh, Herald Sun, 11 April 2014 . Hoon laws / Victoria Police . Hoon driving and impoundment / Victoria Legal Aid . Hoon driving laws / Youthlaw . Vehicle impoundment / VicRoads . Hoon driving / Cameras Save Lives (Victorian Government) PARLIAMENTARY LIBRARY & INFORMATION SERVICE | Research Note 3 Other jurisdictions This section provides a brief overview of the current framework and development of hoon legislation in the following jurisdictions: New South Wales, South Australia, Queensland and Western Australia. It also provides resources and recent media in each of these jurisdictions. New South Wales In NSW, hoon driving offences are contained in the Road Transport Act 2013, Crimes Act 1900 and the Road Rules 2014. Legislation providing police with powers for the removal, impounding and forfeiture of vehicles in connection with street racing and burnout offences were already contained in the Road Transport (General) Act 2005 (repealed and superseded by the Road Transport Act 2013), but in 2008 the passing of the Road Transport Legislation Amendment (Car Hoons) Act 2008 introduced new measures to increase fines and discourage street racing. The framework prior to the introduction of the ‘Car Hoons Bill’ enabled a vehicle to be automatically liable to impounding for three months with a second or subsequent offence requiring the vehicle to be automatically forfeited to the Crown. The 2008 amending legislation provided for penalties and sanctions to apply to the drivers, following concern that cars may be deliberately registered in someone else’s name so ‘the owner can plead ignorance and hardship and almost always get to keep the car’.5 The Bill also imposed penalties for ‘mates of hoon drivers’ who ‘may gather to watch, or urge others on, or who take photographs or film to glamorise the activity’.6 This Bill also permitted the NSW Police Force to ‘appoint a clamping agent’ who is ‘permitted to charge a fee for wheel clamping’. This fee will be determined within regulations and is payable by the registered operator of the vehicle. The Vehicle Sanction Scheme, introduced in 2012 by the Road Transport (General) Amendment (Vehicle Sanctions) Act 2012, enhanced police powers to impose roadside sanctions on hoon drivers. NSW resources . Street racing and other ‘hoon’ offences / NSW Roads and Maritime website . Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012 and Second Reading Speech . Call to crack down on hoons’ cars across NSW / S. Black, The Daily Telegraph, 7 September 2013 . Police target hoon hotspots in latest crackdown on dangerous driving / ABC News, 16 April 2015 . NSW hoon clampdown claims more than 100 cars / A. Patty, Sydney Morning Herald, 8 December 2013 . NSW police say hoon driver laws working / APP, The Australian, 8 December 2013 South Australia Legislation related to ‘hoon driving’ is contained in sections 44B(3) and 46(1) of the Road Traffic Act 1961.
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