Since the beginning of November we have seen the implementation of tough new anti-hoon laws in relation to driving offences. These new laws mean the Queensland has the toughest impoundment penalties in Australia for these offences.
The Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill extended the 2 existing categories of vehicle offences to include more offences, and also increased the period of impoundment for an offence from 48 hours to 7 or 90 days, depending on the offence committed.
It is important to note that the towing and storage costs of impounding the vehicle are paid by the driver, and not by Queensland Police or the Queensland Government.
Type 1 offences are considered the most serious offences. A type 1 offence can be generally classified as involving the dangerous or careless operation of a motor vehicle. Type 1 offences include actions such as evading police, street racing, speed trials, drifting, and willfully making unnecessary noise or smoke from a vehicle.
Previously a type 1 offence would result in your vehicle being impounded for 48 hours. Under the new laws your first offence will cause your vehicle to be impounded for 90 days, a subsequent type 1 offence will force you to forfeit your vehicle.
Type 2 offences are considered less serious than type 1 offences, but still carry heavy penalties. Type 2 offences include the driving of an uninsured and unregistered vehicle, driving without a valid licence, driving under the heavy influence of alcohol, driving over the speed limit by more than 40km/h, or failing to properly comply with vehicle or safety standards.
For the first breach of a type 2 offence, the vehicle will not be impounded or immobilised. In the event of a second breach of a type 2 offence a vehicle will be immobilised or impounded for a period of seven days, a subsequent breach will cause the vehicle to be impounded for a period of 90 days. Any subsequent commission of a type 2 offence will cause a vehicle to be forfeited.
What To Do If My Vehicle Has Been Impounded?
If your vehicle has been impounded you may be eligible for the early release of the vehicle, upon application to the Commissioner of Police. If the Commissioner deems you ineligible for the early release of your vehicle, you may appeal this decision in the Magistrates Court.
Criminal Lawyers Brisbane at Bosscher Lawyers is experienced in all aspects of traffic matters and can assist you if you have been charged with an offence, if you wish to apply to the Commissioner of Police for the release of your vehicle, or in appearing before a Magistrate under any circumstances.