New Impound Laws (1/7/7) - Now in effect - Information Inside :)  

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BoostedS15
  • BoostedS15
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  • From: Gold Coast
Post #1 post 3rd July 2007 - 07:45 PM
As found on CruisingBrisbane.com


Hi Everyone,

I believe you guys should know 100% the changes in legislation that will be occurring after 1 JULY 2007. This will have SERIOUS ramifications for some of our members/readers and the motoring public in general.

I do not have a government internet link yet but I assume one will come on line shortly.

The changes are initially on trial for 12 months ONLY in the Southern and North Coast Police Regions

That is

Southern Region includes the Police Districts of:

Charleville
Dalby
Ipswich
Roma
Toowoomba
Warwick

North Coast Region includes the Police Districts of:
Bundaberg
Maryborough
Gympie
Sunshine Coast
Redcliffe

and will be advertised in the following papers



BILOELA CENTRAL TELEGRAPH EGN 10X7 CCMS FRI 29/06/07

BUNDABERG NEWS MAIL EGN 10X7 CCMS SAT 30/06/07

CABOOLTURE NEWS EGN 10X7 CCMS WED 27/06/07

CABOOLTURE SHIRE HERALD EGN 4X1 MOD TUE 26/06/07

CENTRAL & NORTH BURNETT TIMEGN 10X7 CCMS THU 28/06/07

CHILDERS ISIS TOWN & COUNTREGN 10X7 CCMS THU 28/06/07

CHINCHILLA NEWS & MURILLA AEGN 10X7 CCMS THU 28/06/07

COOLUM & NORTH SHORE NEWS EGN 10X7 CCMS SAT 30/06/07

CROWS NEST ADVERTISER EGN 10X7 CCMS SAT 30/06/07

DALBY HERALD EGN 10X7 CCMS FRI 29/06/07

FRASER COAST CHRONICLE EGN 10X7 CCMS SAT 30/06/07

GATTON,LOCKYER & BRISBANE VEGN 10X7 CCMS WED 27/06/07

GYMPIE TIMES EGN 10X7 CCMS SAT 30/06/07

IPSWICH QUEENSLAND TIMES EGN 10X7 CCMS SAT 30/06/07

MARYBOROUGH HERITAGE HERALDEGN 10X7 CCMS WED 27/06/07

NORTHERN TIMES (BRISBANE) EGN 4X1 MOD FRI 29/06/07

PIALBA/HERVEY BAY OBSERVER EGN 10X7 CCMS WED 27/06/07

REDCLIFFE & BAYSIDE HERALD EGN 4X1 MOD WED 27/06/07

ROMA WESTERN STAR EGN 10X7 CCMS FRI 29/06/07

SOUTH BURNETT TIMES (KINGAREGN 10X7 CCMS FRI 29/06/07

ST GEORGE BALONNE BEACON EGN 10X7 CCMS THU 28/06/07

STANTHORPE BORDER POST EGN 10X7 CCMS THU 28/06/07

SUNSHINE COAST DAILY (MAROOEGN 10X7 CCMS SAT 30/06/07

THE FASSIFERN GUARDIAN EGN 10X7 CCMS WED 27/06/07

TOOWOOMBA CHRONICLE EGN 10X7 CCMS SAT 30/06/07

WARWICK DAILY NEWS EGN 10X7 CCMS SAT 30/06/07

WESTERN TIMES (CHARLEVILLE EGN 10X7 CCMS THU 28/06/07





From July 1, 2007 Queensland Police will have new powers to impound motor vehicles.

Vehicles can be impounded if a driver commits:



More than one offence; (See below for offence types) Of the same kind; Within a 3 year period;

After 1 July 2007; In the North Coast and/or Southern police regions.


First offence is prosecuted by way of a Notice to Appear or Summons, where in the past a ticket (e.g. defective/ Unregistered & Uninsured) may have been issued.

Then:

1. Second offence unlicensed = vehicle impounded 48 hrs + court appearance
2. Second offence drink driving = vehicle impounded 48 hrs + court appearance
3. Second offence unregistered and uninsured = vehicle impounded 48 hrs + court appearance
4. Second offence non-compliant vehicle = vehicle impounded 48 hrs + court appearance
(48 hours impound or until the commencement of the next business day after that 48 hours)


3RD Offence - 3 months Impound. Vehicle impounded 48 hrs in first instance then court application to hear the 3 month impound application.

4TH Offence - Vehicle Forfeiture. Vehicle impounded 48 hrs in first instance then court application to hear the Vehicle Forfeiture application.

Selling the vehicle after the after 3rd/4th offence and prior to the 3 month impound/forfeiture order is an offence.

Modifying the vehicle after 3rd/4th offence and prior to 3 month impound/forfeiture order is an offence.

If your vehicle is impounded YOU will pay the towing and holding yards costs.


Point 4 is probably the most important one for EVERY members as it would affect a high proportion of US. It includes all the following offences:

The prescribed illegally modified vehicle offences, listed in the Transport

Operations (Road Use Management – Vehicle Standards and Safety)

Regulation 1999 (VSSR), are as follows:

5(1)(a) Vehicle not fitted with equipment as required by the Vehicle
Standards
5(1)( Fitted equipment does not comply with the Vehicle Standards
5(1)(f) Optional equipment does not comply with optional equipment as
required by the Vehicle Standards
5(1)(g) Stationary noise levels does not comply with Vehicle Standards

9(1) Drive motor vehicle with silencing device modified so as to reduce
effectiveness
9(2) Modify vehicle’s silencing device so as to reduce effectiveness

30(1) Owner failing to obtain approval for vehicle modifications
30(2) Authorised officer approving modifications which are not allowed
30(3) Authorised officer not ensuring modification plate is stamped with
modification
30(4) Non accredited authorised officer authorising modification approvals
30(5) Tampering with modification plate



So basically ANY modification that is NOT factory fitted or that carries a Modification Plate or Engineer's Cert.

Up until now vehicle mods have not been dealt with by way of a fine through tickets and possibly the repair of your vehicle.

To be real clear about these changes I will use the following example:

You get intercepted for having an after market steering wheel. You WILL get a court appearance for an illegal modification/defect. The penalty will be decided by the magistrate.



1 year later you are driving your mate’s car and he has a fibreglass bonnet. You WILL get a court appearance for an illegal modification/defect. The penalty will be decided by the magistrate. Your mate’s car WILL be impounded for 48hours.



2 years later you are driving your car (it’s new and different to the first car). You have an exhaust which has been modified to reduce effectiveness. i.e. most every after market exhaust can that is not a standard exhaust is illegal. You WILL get a court appearance for an illegal modification/defect. The penalty will be decided by the magistrate. Your car WILL be impounded for 48hours. An application will be made for a 3 month impounding order.



2 years and 11 months later you are driving your mum’s car. You have put green lights on the water jets on the bonnet of her car to jazz it up a bit for her. You WILL get a court appearance for an illegal modification/defect. The penalty will be decided by the magistrate. Her car WILL be impounded for 48hours. An application will be made for a permanent forfeiture order of her car.



As this is to impress 'Joe Public' I can only assume this will NOT be at the Officers Discretion. I would be fairly confident these new laws will be pushed pretty hard.

I hope this has helped you all somewhat. Just don't be blind sided when this happens to you. And please remember

**THE POLICE ARE JUST DOING THEIR JOB, SHOW RESPECT AND GET RESPECT IN RETURN**

I am sure they don't like doing this either, so just think before you start randomly abusing Officers.

The new laws DO NOT affect the Gold Coast for another 12 months. BUT if you drive through the other areas e.g. Ipswich or Noosa you are subject to the laws.


This post is based on FACTS not things my brothers cousin's uncle told me over a BBQ. smile.gif

Ok, let me explain this again in less ahem "complicated" terms as it seems many here can't grasp what I am saying.


Simple way to think about it: If you can get a defect for it, then the car can be impounded, and forfieted for it. (All after a court rulings of course).
Yes: Defects are now dealt with in the courts, but the fines aren't $75 and 1 point, they are now much larger fines (as imposed by a magistrate) "and" the impound of the car, similar to the current 'hoon' laws.

So..............."if" you can mod plate it and make it legal, you wont lose the car for it. (As long as the mod plate is legit).

Therefore........"if" you CAN'T mod plate it, and it is currently a defect (examples: ANY aftermarket exhaust, Neon Lights, Atmo BOV's, Screamer Pipes, LOWERED VEHICLES (under 100mm), Carbon Fibre Bonnet, Illegal Lights, Bald Tyres...............the list goes on)...............THESE offences will cause you to LOSE you car under these new laws.

So the original post is 100% correct and doenst need updating.

If you have a mod plate, you cant get a defect for THAT mod, can you? (No). Therefore it is not a defect.

However, you can mod plate some part and still get a defect for something else on the car.


This post has been edited by BoostedS15: Jul 4 2007, 01:53 PM
Granthem
Post #2

uh oh

angels666
Post #3

Interesting ... I'm keen to see something on the Qld Transport's website though

Manic 180
Post #4

fark thats a bit tuff

NiSlo
Post #5

... and the justice system doesn't have enough to deal with, let alone having joe blow face up in front of a magsitrate to slap him with a fine, becuase his mum's car has washer led's on the bonnet. Then he has to feel the wrath of his old lady becuase he got her car impounded for 48 hours!

Sounds lke a good time to start a towing/holding yard company...

BozzA
Post #6

Yeah seen news reports about this trial on tv, they only mentioned drinking driving/driving unlicensed though!

2jz 180sx
Post #7

thats bullcrap i really dont like this idea

TwinCam16
Post #8

I agree with most you have just said there Chris, only this part i dont...

QUOTE(BoostedS15 @ Jul 4 2007, 01:45 PM) [snapback]1281212949[/snapback]

**THE POLICE ARE JUST DOING THEIR JOB, SHOW RESPECT AND GET RESPECT IN RETURN**



Some do, most get off on having the power and using it to be a @#$!.

I can see this, as alot of other police powers now, is going to be abused.

BoostedS15
Post #9

QUOTE(2jz 180sx @ Jul 4 2007, 01:59 PM) [snapback]1281212988[/snapback]

thats bullcrap i really dont like this idea



I dont expect anyone will smile.gif

I am just giving you the heads up. This is 100% real and happening. I speak from experience.

2jz 180sx
Post #10

there was no warning bout this law coming in was there

Tiger200
Post #11

rightttttt, so if u get caught 3 times with random defects they can take your car? i thought if the defects were the same (3 times) u could have the possibility of forfeiture of the car?

BoostedS15
Post #12

Yes there was. They had a story on it in the Bulletin down here, it's just that it got snuck in with the new

P plater laws etc etc.

Most people just focused on the Drink Driving part of the new impound laws, this got largely looked over.

It will change the cruising scene forever I feel. Im glad I dont go out anymore. Just aint worth it.

QUOTE(Tiger200 @ Jul 4 2007, 02:04 PM) [snapback]1281213002[/snapback]

rightttttt, so if u get caught 3 times with random defects they can take your car? i thought if the defects were the same (3 times) u could have the possibility of forfeiture of the car?



Correct.

Doesnt even have to be 'your' car.

51NGL
Post #13

QUOTE
Selling the vehicle after the after 3rd/4th offence and prior to the 3 month impound/forfeiture order is an offence.

Modifying the vehicle after 3rd/4th offence and prior to 3 month impound/forfeiture order is an offence.



and if its "mysteriously" stolen in between those times??? Are you subjected to either?



*starts looking for loop holes in the law* ph34r.gif

BoostedS15
Post #14

Im sure there is 'loopholes' no doubt at all.


Hence the 12 month TRIAL tongue.gif Before it becomes Statewide Law.

RetardedMonkey
Post #15

Scary shit.

Manic 180
Post #16

why the fuck do we bother with the point system any more?
i thought tahts what they were for..
not each time i do something wrong i get my car taken off me.

bustage
Post #17

come on guys, i think its time to riot. show these pricks what we're made of

2jz 180sx
Post #18

QUOTE(bustage @ Jul 4 2007, 02:38 PM) [snapback]1281213106[/snapback]

come on guys, i think its time to riot. show these pricks what we're made of

x1

SRB-2NV
Post #19

Is this Just in QLD??

vh-holden
Post #20

QUOTE(51NGL @ Jul 4 2007, 01:39 PM) [snapback]1281213019[/snapback]


*starts looking for loop holes in the law* ph34r.gif


why not just put that energy you are going to use looking for loopholes into changing your approach and attitude towards cars, so that you aren't affected by the laws?

Mr_LoLux_man
Post #21


QUOTE(bustage @ Jul 4 2007, 02:38 PM)

come on guys, i think its time to riot. show these pricks what we're made of




x2

TwinCam16
Post #22

So in effect, once you have been caught on the 3rd offence, you cant sell you car, how does that work, you have to keep it forever?

BozzA
Post #23

QUOTE(TwinCam16 @ Jul 4 2007, 02:45 PM) [snapback]1281213130[/snapback]

So in effect, once you have been caught on the 3rd offence, you cant sell you car, how does that work, you have to keep it forever?

prior to the 3 month impound/forfeiture order is an offence.

So you cant sell it before it gets impounded/forfeited, after the 3 month impound period is finished and you get your car back you can sell it...

TwinCam16
Post #24

Got ya

Supachargd
Post #25

FUCKOFF noone is going to take my car permenately!!! wtf and they say communism is shit, lol back 60 years ago not even in russia someone didnt have this much freedom, there is now way somebody can just take your property off you, and if people will allow it there will be a new standard set. Most people think iam just one i cant do shit, but together people can , this vehicle impounding shit was started by beatie, who is doing other marvelous work, like people not having water to drink. There is no way anybody will be taking my car of me period. you will see if this law goes ahead howmany people out there will be against the police and i wouldnt be surprised if the amount of cops being shot will double. The best protest is to gather everybody up on a busy friday from about 6am and modified or non modified cars just startt cruisin the streets of the city, every single car, will cause so much chaos that there will be hours of traffic, then get beatie to remove these gay laws. And they say australia is full of freedom.

^sims^
Post #26

So basically any and every modification is illegal without a mod plate?

BoostedS15
Post #27

Dude this is already law. Several people have already LOST 'their' cars permanently.

No point soap boxing, its already happening. This topic was just so you were all informed.

LOL@the keyboard warriors.

RB120WHY
Post #28

This will affect the automotive businesses that specialise in modifying vehicles. This will lead to bankruptcy and eventually more people on welfare and more crime so people can live. We will be living like the people in the Mad Max films soon. Mag wheel shops will go broke, then Repco,Autobarn and Supercheap will go down. smile.gif A bit extreme i know, but thats the way we are heading.

They will have to open up Lakeside to handle the influx of cars wanting to be driven as well.

Can i still use a non genuine oil filter when i service my car ???


FOR SALE - Datsun 120y RB20 motor. Unable to be registered because of front panel cut for intercooler pipes. Does low 11 quarter mile $500.00

f**king wankers

PyrotiX
Post #29

oohh this is such a joke..

TUFF VZ
Post #30

RIOT RIOT RIOT

*..KITAS..*
Post #31

QUOTE(RB120WHY @ Jul 4 2007, 03:12 PM) [snapback]1281213194[/snapback]

This will affect the automotive businesses that specialise in modifying vehicles. This will lead to bankruptcy and eventually more people on welfare and more crime so people can live. We will be living like the people in the Mad Max films soon. Mag wheel shops will go broke, then Repco,Autobarn and Supercheap will go down. smile.gif A bit extreme i know, but thats the way we are heading.

They will have to open up Lakeside to handle the influx of cars wanting to be driven as well.

Can i still use a non genuine oil filter when i service my car ???
FOR SALE - Datsun 120y RB20 motor. Unable to be registered because of front panel cut for intercooler pipes. Does low 11 quarter mile $500.00

f**king wankers


laugh.gif

hahahahaha Bitch Fit much?

tongue.gif

OT- A rather extreme course of action to take .. But I guess they feel they have no other option to keep the roads safe? Fucking sucks out loud either way......

NiSlo
Post #32

QUOTE(vh-holden @ Jul 4 2007, 02:41 PM) [snapback]1281213119[/snapback]

why not just put that energy you are going to use looking for loopholes into changing your approach and attitude towards cars, so that you aren't affected by the laws?

Oh FFS, will you quit with the whole 'Keep it legal and you'll be fine'. If this was an ideal world that was be easy and we wouldn't have a worry. It's difficult to be 100% legal when the department responsible for the administration of the states roads give you a different answer to the same question each time you call. Not to mention the legislation is often open to interpretation, which is where the courts come in to determine if the legislation has been contravened or not. If the magistrate decides that your interpretation is incorrect (even if his reasoning is that it will set a precident for the future), then you're up shit creek so to speak.

Not to mention reckless coppers that go around giving out ridiculous fines becuase they're in a bad mood. Yes, the vast majority of Cops are upstanding citizens doing their bit to better the place we live, but you cannot tell me that there has never been 1 police officer that has given out a bogus fine. When this hapens, the system fails. Who loses then? The police? Hell no. It's the community that loses... big time.

vh-holden
Post #33

QUOTE(RB120WHY @ Jul 4 2007, 02:42 PM) [snapback]1281213194[/snapback]


FOR SALE - Datsun 120y RB20 motor. Unable to be registered because of front panel cut for intercooler pipes. Does low 11 quarter mile $500.00




can i come and have a look on the weekend? i can drive it here in the NT.

Sly086
Post #34

these new laws suck:(

might aswell move to new zealand

vh-holden
Post #35

QUOTE(NiSlo @ Jul 4 2007, 02:53 PM) [snapback]1281213225[/snapback]

Oh FFS, will you quit with the whole 'Keep it legal and you'll be fine'. If this was an ideal world that was be easy and we wouldn't have a worry. It's difficult to be 100% legal when the department responsible for the administration of the states roads give you a different answer to the same question each time you call. Not to mention the legislation is often open to interpretation, which is where the courts come in to determine if the legislation has been contravened or not. If the magistrate decides that your interpretation is incorrect (even if his reasoning is that it will set a precident for the future), then you're up shit creek so to speak.

Not to mention reckless coppers that go around giving out ridiculous fines becuase they're in a bad mood. Yes, the vast majority of Cops are upstanding citizens doing their bit to better the place we live, but you cannot tell me that there has never been 1 police officer that has given out a bogus fine. When this hapens, the system fails. Who loses then? The police? Hell no. It's the community that loses... big time.


where there is a will, there is a way. If people are serious about enjoying their hobby, they will find a way around it. not find a loophole.

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