The Brumby Labor Government will this year move to further strengthen the State’s anti-hoon laws, which will result in either selling or crushing hoon cars, or selling the cars and donating additional funds to victims of crime.
The Minister for the Transport Accident Commission, Tim Holding, said the Brumby Labor Government’s already tough anti-hoon laws were producing results, but the Premier and the Government believed the time was right to take the regime even further.
“Victoria has one of the toughest anti-hoon laws in Australia, which have already forced almost 10,000 dangerous drivers to hand over their car keys across Victoria, with very few repeat offenders,” Mr Holding said. “Our Government will implement a new regime for repeat hoon driving offenders.”
“But as the Premier said this week after recent road tragedies, our Government is considering and will move to implement new laws for repeat hoon offenders.
“The Premier said earlier this week that options such as crushing hoon cars were on the table – and our Government will implement a new regime for repeat hoon driving offenders, which will result in repeat hoon offenders having their cars confiscated to be sold or crushed.
“Our Government will carefully consider the new regime to ensure there are no significant unintended consequences.”
Mr Holding welcomed bi-partisan support for tougher hoon measures but said the proposal put forward by the Liberal Party had significant holes in it.
“Once again, Mr Baillieu has failed to do the hard work to come up with a sensible policy. Mr Baillieu’s tried to conceal that his proposal would result in costly legal challenges that would prevent cars being crushed,” Mr Holding said.
“Last week, Mr Baillieu declared ‘jail would mean jail’ under his sentencing plan, before being forced to reveal that offenders would continue to serve sentences in the community and jail would not mean jail.
“He’s at it again today, declaring he would crush cars, before being forced to reveal that the majority of the cars driven by repeat hoon offenders would never be crushed because they were subject to bank loans or owned by other third parties.”
“There are holes in this announcement because Mr Baillieu and his Opposition do not believe in road safety. In fact, Mr Baillieu and his Opposition advocate increasing speed camera tolerance, which would result in increased road deaths.”
Mr Holding said that under the plan worked through by the Brumby Labor Government, there would be two options available to the courts for repeat hoon offenders: crushing cars or selling them and directing the proceeds to victims of crime.
Additional measures the Brumby Government is examining to implement:
• First time offenders would have their vehicle impounded or immobilised for a full week;
• Second time offenders can have their vehicle impounded for up to three months or lose their car forever for the most serious offences;
• Third time offenders will lose their vehicle forever with vehicles sold and proceeds going to victims of crime. If that vehicle is declared unsafe or has been illegally modified to a point where it is not safe, then it will be crushed.
Under this plan if a repeat offender’s car is subject to interest by a third party, such as a bank, it will be sold to cover that debt with the remainder going to victims of crime. If the car is owned by a third party, then existing appeal rights will apply.
The Government will also examine options to ensure the convicted hoon is unable to buy back their own car if it is not crushed.
Under these laws, the Chief Commissioner of Police would apply for a Court Order to impound or forfeit the vehicle on the second or third offence.
“This plan recognises that Victoria has the toughest anti-hoon regime in Australia, but that there are still some hoons who continue to flout the law,” Mr Holding said.
“Our Government’s Road Safety Ministers will further assess this proposal and we intend to introduce new legislation this year.
“Victorian’s 2009 road toll of 295 was the lowest on record and the Brumby Labor Government is unapologetic about our ambitious strategy to continue cut the road toll and reduce serious injuries – every life lost on our roads is one too many.”
Under the current regime:
• First time offenders can have their vehicle impounded or immobilised for 48 hours;
• Second time offenders can have their vehicle impounded for up to three months;
• Third time offenders may lose their vehicle forever.