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Anti-Hoon Laws Pass thru Parliament

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  • Anti-Hoon Laws Pass thru Parliament

    I dont know whether this applies to Motorbikes? but its gotta be of some interest to you guys.

    http://www.mediastatements.wa.gov.au/media...F3?opendocument

    Looks like someone is trying to look like she's doing something after the media have been giving her all these incompetancy headlines.

    Damn .... its bad news for us "cage" drivers anyway.

    Cheers
    Lauren

    P.S - Look ma i made my first thread *pats self on back*
    Nizmo? Who's that bitch??

    The Beatings Will Continue Until Morale Improves!

  • #2
    nice heads up babe

    i think, from reading it that'll apply to all road users.

    Comments PSBadmin?
    I had a vision of my reality once... then turned my back and walked away.

    Comment


    • #3
      Well...
      we all knew it was coming as stated many many months before, but I guess the reality of the law has now hit.. tis well and truly fucked.

      ps. Welcome to the forum 2fly
      Right now Im having amnesia and deja vu at the same time. I think Ive forgotten this before.

      Comment


      • #4
        Thanks Chookie

        Bit of background on me quickly without whoring:

        Im events co-ordinator for an import car club in perth. Dont own a bike myself and if you saw what i recently did to my beautiful car you can probably understand why its better i be driving around behind the safety of a tonne of metal plus where would i put my lipstick in a bike But my dad is bike crazy and so is my mate Simmo.

        Yeah but i have been shouted at by the cops before about being a hoon and we get absolutely harrassed by them that im really worried about this law coming in. Im sure my car wouldve been confiscated by now if it had been passed sooner. Guess i cant really complain ive only had one dickhead cop ..... the rest have let me get away with a lot fo mischief
        Nizmo? Who's that bitch??

        The Beatings Will Continue Until Morale Improves!

        Comment


        • #5
          im moving fuck laws and fuck the community just a pack of scared nerds living in thier bubble wraped rooms get a life parliment

          Comment


          • #6
            <snip>
            "Relying on police to witness an offence rather than allowing evidence from other witnesses weakens the ability to stamp out the actions of these hoons," the Minister said.
            </snip>

            Sounds like the police have to actually witness you performing before it really hurts... I could be wrong tho (or they'll change it).
            Aim high and consider yourself worthy of great things

            Comment


            • #7
              Comments PSBadmin?
              Comments?

              1) Outright abuse of our age old right of innocence until proven guilty.

              2) The right of a Police officer to enter your house and use reasonable force to remove your keys if he considered you have carried out an offence worth of confiscating your vehicle.

              2) I think the Police may set themselves up for Civil Litigation if they cause a loss by confiscating a vehicle and then subsequently the driver is found not guilty of the charge.

              3) The cops betta get some decent pursuit cars cos there will be allot more cars failing to stop.

              4) It gives the coppa who has an atitude but no proof to create hardship to the innocent.

              So on the eight day, after wasting time faffing about with unimportant guff like heaven & earth & the waters & sky & creatures [& having a wee kip] & man.... God created PSB (GenesiSX-R1000)

              Comment


              • #8
                CLAUSE 8. Section 60 amended
                After section 60(1) the following subsections are inserted — 10

                (1a) A person who drives a motor vehicle at a speed of
                155 km/h or more commits an offence.
                (1b) A person who drives a motor vehicle at a speed
                exceeding the speed limit set under this Act for that 15
                vehicle or the place where the driving occurs by
                45 km/h or more commits an offence.
                The current offence of reckless driving is to be expanded to include any offence where a person drives a motor vehicle at a speed of 45 km/h above the limit that applies in the area.

                CLAUSE 9. 62A. Causing excessive noise, smoke
                A person who wilfully drives a motor vehicle in a
                manner that causes —
                (a) excessive noise to be made with one or more of
                the vehicle’s tyres; or
                ( smoke to come from one or more of the 20
                vehicle’s tyres or a substance on the driving
                surface,
                commits an offence.
                Penalty: 12PU..
                Clause 9 – Section 62A and Division 2 heading inserted in Part V
                A new offence will be created for willfully driving a motor vehicle in a manner that causes a loud noise or smoke to be emitted from the vehicle’s tyres. Colloquially known as a “burn out”.

                The offence will carry a maximum penalty of $600 and 3 demerit points (clause 15). It can also be a trigger for impounding of an offender’s vehicle (clause 12 see sections 78A and 80).

                By the operation of section 73 of the Act, this offence will include public places such as the car parks at Scarborough Beach, shopping centers etc. The offence under section 62A will differ from the offence created in regulation 255 of the Road Traffic Code 2000 in that the prosecution must prove the driver must have intended the vehicle to emit noise and smoke whereas offences under the Code will remain for offences that arise from a lack of attention or human error.

                Division 4 — Impounding and confiscation of vehicles 5 for driving offences Subdivision 1 — Preliminary
                78A. Interpretation of Division 4 In this Division —
                “approved” means approved by the Commissioner; 10
                “circumstances of aggravation” means circumstances
                in which —
                (a) the vehicle is being used to race another
                vehicle;
                ( the vehicle is being used in an attempt to 15 establish or break a speed record;
                © the speed, or the acceleration, braking or
                steering capability, of the vehicle is being
                tested or contested in any way;
                (d) the skill of the vehicle’s driver is being 20
                tested or contested in any way;
                (e) the vehicle is driven in a manner that causes
                smoke to come from one or more of the
                vehicle’s tyres or a substance on the driving
                surface; or 25
                (f) the vehicle is driven in a manner that causes
                one or more of the vehicle’s driving wheels
                to lose traction with the driving surface;
                “circumstances of aggravation”. Before a member of the police service will be empowered to impound a vehicle, he or she must be satisfied that the vehicle has been used in the commission of an offence against section 62A (willfully driving a motor vehicle in a manner that causes a loud noise or smoke to be emitted from the vehicles tyres) or an offence of dangerous driving causing death, dangerous driving causing bodily harm, reckless driving or dangerous driving committed in circumstances of aggravation.

                Circumstances of aggravation include racing another vehicle, attempting to set or break a speed record, testing the capability of the driver or vehicle, deliberately causing the vehicle to emit noise, smoke or lose wheel traction with the driving surface.

                This particular section will be the bad one for people that do wheelies I would think. If doing a wheelie and the Police office considers it is dangerous driving committe in circumstances of aggrivation, under the above test of section (f) above one wheel being off the ground could be considered as loosing traction and therefor could be captured under this test.

                “impounding offence (driving)” means any of the following —
                (a) an offence against section 59, 59A, 60 or 61 that is committed in circumstances of aggravation; 25
                ( an offence against section 62A;
                “impounding period” —
                (a) in relation to a vehicle impounded under section 79 or 79A, means the period of 48 hours starting from the time when the 30 vehicle was impounded;
                4“impounding offence (driver’s licence)” is used in proposed section 79A (police may impound a vehicle for 48 hrs), the proposed section 79E (convicted driver liable for costs of impounding), the proposed section 80B (power of a court to order impounding of vehicle), the proposed section 80C (power of a court to order confiscation), the proposed section 80G (right of owner or interested person to be heard in an application for impounding or confiscation), the proposed section 80H (expenses of court imposed impounding payable by convicted driver) and the proposed section 80K (power to recover any shortfall in costs following sale of a confiscated vehicle).

                The only drivers’ licence offence that could lead to impounding and
                confiscation of a vehicle is where a person is driving a motor vehicle after
                having been refused the issue of a licence, or have had their licence suspended or cancelled by the Director General on the grounds that they are addicted to alcohol, suffer from a medical condition which renders them incapable of properly controlling a motor vehicle, or are no longer capable of controlling the class of motor vehicle for which they hold a licence.

                “impounding offence (driving)” is used in the proposed section 79 (police may impound a vehicle for 48 hrs), the proposed section 79E (convicted driver liable for costs of impounding), the proposed section 80 (power of a court to order impounding of vehicle), the proposed section 80A (power of a court to order confiscation), the proposed section 80G (right of owner or interested person to be heard in an application for impounding or confiscation), the proposed section 80H (expenses of court imposed impounding payable by convicted driver and the proposed section 80K (power to recover any shortfall in costs following sale of a confiscated vehicle).

                Offences that could lead to impounding or confiscation are offences against section 62A (willfully driving a motor vehicle in a manner that causes a loud noise or smoke to be emitted from the vehicles tyres) or an offence of dangerous driving causing death, dangerous driving causing bodily harm, reckless driving or dangerous driving committed in circumstances of aggravation.


                78C.

                (1) A member of the Police Force and any person assisting
                a member of the Police Force in the exercise of a
                power under section 79 or 79A may drive, tow or 30
                otherwise convey a vehicle impounded under that
                section —

                (a) to the place where the vehicle is to be stored; or
                Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12

                ( at the place where the vehicle is stored.

                (2) A member of the Police Force and any person assisting
                a member of the Police Force giving effect to an order
                under section 80(1), 80A(1), 80B(1) or 80C(1) may
                drive, tow or otherwise convey a vehicle that is the 5
                subject of the order —

                (a) to the place where the vehicle is to be stored; or

                ( at the place where the vehicle is stored.

                (3) A member of the Police Force may seize the keys to a
                vehicle that is — 10

                (a) impounded under section 79 or 79A; or

                ( the subject of an order under section 80(1),
                80A(1), 80B(1) or 80C(1) but which is not
                surrendered to the Commissioner within the
                surrender period. 15

                (4) A member of the Police Force may, without warrant, at
                any time, enter any premises for the purpose of —

                (a) seizing the keys to a vehicle that is the subject
                of an order under section 80(1), 80A(1), 80B(1)
                or 80C(1) but which is not surrendered to the 20
                Commissioner within the surrender period; or

                ( driving, towing or otherwise conveying such a
                vehicle to a place where the vehicle is to be
                stored.

                (5) A person may use reasonable force to exercise a power 25
                given by this section.

                (6) The powers that may be exercised under this section
                are —

                (a) subject to the provisions of an order under
                section 80(1), 80A(1), 80B(1) or 80C(1); and 30

                ( in addition to the powers under section 86A.

                5
                Section 78C - Powers for this Division
                Where a vehicle has been impounded or confiscated, a member of the police service or an agent will be empowered to drive or tow the vehicle to the place where it is to be stored and at the place where it is stored. A member of the police service will also be empowered to seize the keys for an impounded vehicle, and if necessary use reasonable force to enter a premises for the purpose of executing a court order.

                The power to convey a vehicle are in addition to those powers currently provided under section 86A in respect to the removal of a vehicle used in the commission of an offence to a place of safe custody.


                _______________________________________

                That the crux of it. Much is Verbatum from the Bill and Parliament notes.

                For full details:

                The Entire Bill http://www.parliament.wa.gov.au/parliament.../Bill+273-2.pdf

                The Bill Notes http://www.parliament.wa.gov.au/parliament...+Bill+273-1.pdf

                Parliament Web Site: ttp://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=A1E7E98B9655 1D3748256E4D00241B18

                Deej

                So on the eight day, after wasting time faffing about with unimportant guff like heaven & earth & the waters & sky & creatures [& having a wee kip] & man.... God created PSB (GenesiSX-R1000)

                Comment


                • #9
                  "for willfully driving a motor vehicle in a manner that causes a loud noise"

                  So basically if I turn the key on my bike and a copper sees me, I'm fucked.

                  WAPS statement, "Stay home"

                  What a heap of shit.

                  :roll:

                  Comment


                  • #10
                    Lets hope coppers won't start busting us for loud exhausts. I'd love to see a copper trying to impound bikies Fartlies
                    Fast, cheap & reliable ... pick any two.

                    Comment


                    • #11
                      nah, xoom, you forgot to read the bit on the end where it says.... "the above only applies to jap bikes......" :?

                      Comment


                      • #12
                        Aint that the truth Bulbous!
                        HONDA! F#@ YER!

                        Comment


                        • #13
                          As I understand it they can only impound the vehicle if it is the registered owner who commits the offence?

                          IE: My bike is currently registered in my wife's name, so they can't touch it as it would unfairly penalise a person who has not commited an offence

                          Comment


                          • #14
                            haha nice one racer GO the loop hole

                            Comment


                            • #15
                              plus where would i put my lipstick in a bike
                              Blade Babe??

                              hehe. I'm still stunned with how much stuff fits under your pillian seat!!

                              Welcome 2Fly!

                              Comment

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