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New Impound Laws (1/7/7), Now in effect

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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.

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.

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harsh laws, very harsh, i spose they are just trying to save lives in the end tho right???

by looking at this, %#@! i wouldn't even bother driving my car around, id get pinned for sooo much shit thats been modded after engineering, then lose demerit points ontop of the fine. then if i re-offend it gets worse and worse, i woudlnt drive the car if it was stock itd be shit, thats y its modded.

And not sure in your state but in NSW you can still get defected for anything even if it has a engineer cert and you have it on your person in the car and show the police officer, you simply just wont get a fine but its up to you to tow your car home and clear the defects even tho its all engineered. happened to me twice now.

i spose with these new laws its only a matter of time before it hits everywhere then?? im not doin any more illegal modding to my cars or goin round sliding on the streets, i just dont want to deal with the penalty's loss of license means loss of $650 per week i lose it. before it was a slap on the wrist, now its pretty serious offense. bugger that rather have my license..

so whats it come to now then? we all have 2 cars? one for streets one for track

come to think of it, nearly all the project cars on this site would be defective and carry fines and demerit points for obvious reasons.

anyone wanna buy a sprinter? hahaha

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sucks to be me aye i live right in one of those areas! i dont think our courts are capable of taking on this sort of burden you will end up getting done for something then 2 years later go to court for it

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in nsw doin a burnout or street racing will earn you 3 months impound stait away with $7 a day holding fee and you pay for towing been there done that (burnout fine only $300ish) was told if i get caught again the car would be sold mine or not

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when you live 5 min from eastern creek a track car sounds even better.but i still want to be able to cruise the streets

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This makes turning the car into a purpose built circuit car more and more appealing.

thats gotta be one of there aims right?

*save lives

*get reckless drivers off the streets with there overpowered/under engineered cars

* revenue raise a bit to improve police attire

i 100% support these new rules, if i was in power, they would be harsher and would be in action the day i got the power. vote bebbo

i dont support the car crushing idea tho, rather id support a ban on the person who committed the offense to not drive that particular car on the roads ever again, if caught gets $2k fine 3 years loss of license and police record and compulsory car acquisition.

i see it, being a %#@!wit in your car is just as serious as drink driving. your unnecessarily endangering your life and the ppl's around you in a semi controlled state.

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This makes turning the car into a purpose built circuit car more and more appealing.

thats gotta be one of there aims right?

*save lives

*get reckless drivers off the streets with there overpowered/under engineered cars

* revenue raise a bit to improve police attire

i 100% support these new rules, if i was in power, they would be harsher and would be in action the day i got the power. vote bebbo

i dont support the car crushing idea tho, rather id support a ban on the person who committed the offense to not drive that particular car on the roads ever again, if caught gets $2k fine 3 years loss of license and police record and compulsory car acquisition.

i see it, being a f*%# in your car is just as serious as drink driving. your unnecessarily endangering your life and the ppl's around you in a semi controlled state.

i think you have made some valid points and in the case of reckless driving, a forced cooldown period is a good thing.

What im personally concerned about and feel is the greater issue from these new laws is being pinged when your being a sensible everyday citizen but are targetted by the police.

I dont think losing 3 points for having eg a vent to atmo bov or similar is a fair or just.

A friend was recently attending a local car event and got pulled over going 10 ks under the speed limit because his car doesnt look like a stock falcon and now has defects to clear when not creating any problem to society. Should someone that has spent 50k on the extremley neat and well maintained car be targetted while old mate is his 1960 urvan with bald tyres and blown rings and undersized discs with 20 yr brake discs not be pulled over? i think they greater consitency and clearer laws which arent open to interpretation before they can start addressing issues.

I am def one for pushing ones car to its limit in a controlled enviroment but i also love to drive my car sensibly on a day to day basis as a form of transport, as a thing of pride and as a large money pit to enjoy.

If we had increased driver saftey programs and more frequent and accesiable off street event this would also be a good thing imho.

But as i said i think what your saying is right theres just this side that really worrys me.

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i support fines for defects, no fines for smaller defects( oil leak, bulb out etc.) a warning would be suffice IMO but anything major or moderate should be fined IMO, eg. no airfilter/exposed air filter/bov/ anything un engineered, after market EMS, downgraded polution gear etc... you modified it knowing it was illegal, suffer the consequences. i know ill be %#@!ed hard if i get stickered again.

your mate illegally modified his car and didnt comply to all of the road rules, totally self inflicted..he got caught, theres no bad luck in it, the cops purposely targeted the vehicle because the vast majority of modified cars on the roads are ilegally modified, thus tracking attention to it, and the cops looked to see if it was all legal, which it wasnt thus prooving their assumptions correct.

ppl who modify their cars illegally are ruining it for everyone else. i get alot of cops come into work and i ask alot of questions regarding cars and driving rules and regs etc.. i ask y target modified cars and not target drug dealers more? drugs ruin more lives than dickhead drivers, most of the time they reply with " nearly every car we pull over thats modified is dun so illegally,and we can usually find a defect if we look hard enough, do it legally and have no worries"... ( this is where i put the price of their petrol bill up muuhahaha suckers)

shat myself the other night, pulled into my servo to fill up fuel bout 3am, their was 2 highway patrol cops and riot police, i pulled in, they just stared, i filled it up and walked inside ( still in uniform) and just went to the back room watching them on camera for 20 mins waiting for them to go, i would of got stickered hard.. that was the last straw, im over it. id rather not drive an illegally modified car anymore, the consequences for me just dont add up.

i dont like the attention my car brings, but theres nothing i can do to get rid of it, if i modify everything back to a legal state, it will still be subject to cops continuously pulling me over, and wasting my/their time. so im just selling it, %#@! it..

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you've changed man, remember the 400hp fj you were gonna have. what were you gonna do with all those ponies. i'll never let police attention make me want to sell my car if anything i will make sure everything is legal just so i can be happy to show them over my car. that said i dont drive my car much and when i do its usaully an organised cruise or similar were there is safety in numbers.

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I use to work at AutObarn and you would be surprised at the amount of pissed off parents that come it getting up us for selling illegal products to the son/daughter to put on their car and that it is are fault that they got a defect.

There are alot of people out there that ruin it for others. I would love to see cars having to get a Road Worthy check every year when the rego is due

Cheers

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you've changed man, remember the 400hp fj you were gonna have. what were you gonna do with all those ponies.

yeah ppl change over time. im alot different to that now. and my plans were burnouts powerslides and chicks..

im pretty much the opposite to it now.. i drive a barina and dont drift..

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you've changed man, remember the 400hp fj you were gonna have. what were you gonna do with all those ponies.

yeah ppl change over time. im alot different to that now. and my plans were burnouts powerslides and chicks..

im pretty much the opposite to it now.. i drive a barina and dont drift..

shopping trolleys, waterslides and dudes...?

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you've changed man, remember the 400hp fj you were gonna have. what were you gonna do with all those ponies.

yeah ppl change over time. im alot different to that now. and my plans were burnouts powerslides and chicks..

im pretty much the opposite to it now.. i drive a barina and dont drift..

shopping trolleys, waterslides and dudes...?

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you've changed man, remember the 400hp fj you were gonna have. what were you gonna do with all those ponies.

yeah ppl change over time. im alot different to that now. and my plans were burnouts powerslides and chicks..

im pretty much the opposite to it now.. i drive a barina and dont drift..

shopping trolleys, waterslides and dudes...?

nah none of that... leave the sausages at bloc. chasing the peanut butter and honey at northies these days..

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LOWERED VEHICLES (under 100mm)

i made the mistake of taking the gtr to mount ommaney

got pulled over at my mates house and had to go to court ! for 7mm to low! 7 mm!!!!!!!!!!!!!!!!!!!!!!

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Just pump the tyres up ;)

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Surely its just a matter of getting your car engineered correctly.

If its signed off by an engineer & plated there would be no problem.

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