will have to go without his prized $200,000 Lamborghini for four weeks after it was seized by police who say they caught his mechanic driving it 70 km/h over the limit.Why worry about what happens to automotive bling? The SMH reports that -
The mechanic was allegedly clocked driving the luxury sports car at more than 160 km/h in a 90 km/h zone in Perth's east on Wednesday.
Dr Patrick Nugawela had left his car in the care of the garage where the mechanic worked.
Under Western Australia's anti-hoon laws, police can impound a car breaking the speed limit by more than 60 km/h, even if it is not the property of the driver.It is a nice example of use of the category 'hoon', which has expanded from popular culture into law such as the Transport Legislation Amendment (Hoon Boating and Other Amendments) Bill 2009 (Vic), the Transport Legislation (Hoon Behaviour) Amendment Act 2009 (NT), Road Transport Legislation Amendment (Car Hoons) Bill 2008 (NSW) and Road Traffic Amendment (Hoons) Bill 2009 (WA).
The 2006 yellow Lamborghini Gallardo will be impounded for 28 days.
Dr Nugawela has hit out at the rejection of his application to have his car released, saying he had been persecuted for an alleged offence in which he played no part.
"I have basically been subjected to mandatory sentencing without trial," he said yesterday.
Police said they had not released the car early because the strict criteria of the anti-hoon laws did not permit it, unless the state police commissioner gave dispensation.
Police Minister Rob Johnson said the law acted as a strong deterrent to hoons and while he had some sympathy for the doctor, "he has to take it up with the garage owner".
"It's not something that I'm prepared to change the law for, simply because somebody who owns a Lamborghini does not have that car for 28 days."
What is a hoon? The proposed statutes typically do not provide an explicit definition. Associated explanatory statements are challenging. The explanatory statement for the NT Act thus refers to "drivers who engage in hooning and antisocial driving behaviour (prescribed driving offences)" and to "a hooning offence", the latter implicitly being antisocial driving behaviour. The Second Reading Speech for that Act indicates that -
During 2008, the government introduced a range of initiatives aimed at increasing the safety of Territory road users. These included introduction of drug-driving penalties, public transport passenger safety legislation, alcohol ignition lock legislation, and greater emphasises on road safety education in remote areas. However, it is apparent with our rising road toll that not people are getting the message, and our young people are particularly at risk. The incidence of antisocial driving, or hooning as it is most commonly known, has being recognised as a significant concern for all Australian state and territory governments. ... We have heeded these calls and now introduce legislation that delivers harsher penalties to those people who continue to hoon and present a danger to others on the road.In 2008 the WA Government used the 'hoon meme', with a media release that noted state police -
now have the power to impound a hoon’s vehicle for up to four weeks under tough new laws that come into effect today.The theatrics of tougfhness are evident in a 2005 paper by Lisa-Marie Folkman on 'Queensland's Anti-Hoon Legislation and Policing Methods used to Prevent Hooning Behaviour' [PDF] and Glen Fuller's more nuanced 2007 'the Hoon: Controlling The Streets?' [PDF].
Police Minister John Kobelke today launched a television and print advertising campaign to coincide with the introduction of amendments to the State’s anti-hoon laws and reckless driving penalties.
Mr Kobelke said the Road Traffic Amendment Bill 2008, which increased the period police may impound a vehicle involved in a hooning offence, was an important initiative in the Government’s crackdown on hoons and reckless driving.
“Since our anti-hoon laws were introduced in 2004, more than 2,800 drivers have been removed for acting recklessly on our roads for the safety of the public,” Mr Kobelke said.
“The latest statistics indicate that male drivers are the biggest offenders, with two-thirds of hoons being caught belonging to the 17 to 25-year-old age bracket.
“That is a worrying trend, especially as young people are over-represented in the State’s road toll. ... “These new amendments to the Bill will strengthen the deterrent to those who continually flout the law and drive recklessly, endangering their own lives as well as the lives of innocent people.”
So far in 2008, 802 vehicles have been impounded for 48 hours. Under the new laws passed in June, the period for a first offence will increase from 48 hours to seven days.
For a second and subsequent offence, police may impound a vehicle for 28 days, with the opportunity of applying to the courts for a permanent confiscation of the vehicle.
Additionally, the possible court imposed fines for reckless driving will increase from $1,000 to $2,000 for a first offence, from $1,200 to $3,000 for a second offence and from $2,400 to $4,000 for any subsequent offence.
The Minister said the legislation had also expanded the definition of road rage circumstances so that events that occur on places other than a road, such as private property or carparks were included.
“When the State Government announced its intention to crack down on hoons in February, we stated that we were aiming for the legislation to come into effect by August and we have successfully met that target,” he said.
“Labor is tough on hoons and will make sure that hoons lose their cars for longer.”
