What are Hooning Offences in Australia? Types and Penalties

Road safety has been an emerging concern not only in Australia but worldwide. The graph of fatalities in road crashes is growing with every passing year. Hoonung contributes to a major sum of road accidents in Australia. Most hooning offences are reported among young drivers and unregistered vehicles. There is no clear description of hooning offences in Australia; several dangerous behaviours are considered Hooning Offences.

In this blog, I will cover all the significant types of hooning offences in Australia and their associated penalties. You need to know all the information about hooning offences to avoid committing them. Moreover, you can also face legal trouble if you violate laws. First of all, you must understand what a hooning offence is. Let’s start with the basic understanding and lead towards more complicated things.

What are Hooning Offences in Australia? 

Participation in illegal street races, burnouts, speed trials, and destroying the surface of a road or a public space, which provides for creating ruts in roads, is referred to as hooning offences in Australia.

A few of the essential laws related to hooning are given below:

• A speed trial is an evaluation of a vehicle’s speed that may involve competitive testing of a driver or vehicle and attempts to establish or surpass a speed record.
• Burnouts happen when tyres or the road surface smoke. This is most likely the result of the way the automobile is driven, which causes the wheels to lose adhesion to the ground.
• The offence of producing excessive noise from a vehicle is also covered under hooning laws.

What are The Types of Hooning Offences in Australia?

It is necessary to know its types to completely understand the concept of hooning. The following are some of the main types of hooning offences and the penalties associated with them.

• Over Speeding and Street Racing
• Aggravated Burnouts and Drag Racing
• Police Pursuits
• Driving at a Dangerous Speed

1. Over Speeding and Street Racing

Street racing or overspeeding refers to promoting, organising or participating in activities like unapproved racing on roads or speeding. 

Overspeeding or street racing includes behaviours such as:

• An unapproved race between two or more vehicles.
• Overspeeding vehicles on public roads.
• Any competitive trial specifically designed to evaluate the skill set of any vehicle or driver on a road.
• Promoting, organising, or taking part in any of the above behaviours.

If you are convicted of overspeeding or street racing in Australia, the maximum penalties imposed by the law include a fine of $3300 for a first offence. If you commit a subsequent offence, you will be fined $3300 and face nine months imprisonment. Moreover, you can also be disqualified for 12 months.

2. Aggravated Burnouts and Drag Racing

Aggravated burnouts and drag racing refer to the deliberate driving of a vehicle to cause a continuous loss of adhesion between the road and the vehicle. For example, when a driver over-accelerates to spin the wheels, the tires lose adhesion to the road.

Drag racing and aggravated burnouts include:

• Operating a vehicle knowingly and deliberately, putting oil, fuel, petrol, or other flammable liquid on the road can cause a loss of grip between the road and the tyres. 
• Getting involved in any activity associated with drag racing or burnout
• Encouraging participants of the drag racing and burnouts by photography, videoing and promoting the event.

If you are found guilty of burnout or drag racing, the court will fine you up to $3300 for your first offence. If you commit a subsequent offence, you will be imprisoned for nine months and a fine of $3300. Moreover, a  12-month disqualification period will also apply.

3. Police Pursuits 

When you drive a vehicle recklessly or in a dangerous manner that can harm other pedestrians and fail to comply with police when they ask you to stop the car, you are in police pursuit. This is a serious offence that carries severe penalties, such as hefty fines and imprisonment.

Police pursuits can include:

• Not stopping your car when police give you an indicator to stop.
• Dangerous driving or reckless driving of the vehicle endangers other pedestrians and drivers in the community.

If you’re a first-time offender, the maximum penalty is a three-year disqualification period and three years of imprisonment. For a subsequent or second-time offence, the maximum penalty is a five-year disqualification period and five years of imprisonment.

4. Driving at a Dangerous Speed

When you go over the speed limit by more than 45 km/h, it is deemed a hooning offence. In addition, you can face charges for both a hoon offence and a primary speeding offence. The highest penalty a court gives for exceeding 45 km/h in a light car is $3300. The cost of a heavy truck is $5,500. There will also be a six-month disqualification term in the event of a conviction.

General Penalties for Hooning Offences in Australia

The Australian government has made strict laws against hoon offenders. The penalties for hooning offences include heavy fines. Moreover, a 2002 amendment to the Police Powers and Responsibilities Act 2000 gave police the power to impound vehicles immobilise and confiscate cars and other vehicles involved in hooning offences.

1. Fines for hooning

There are different fines for different types of offences. For Instance, if you are convicted of driving in a manner that makes noise or smokes unnecessarily, you will be charged with a fine of a maximum of 20 penalty units ($3096). On the other hand, in case of a severe offence such as driving without due care and attention (careless driving) or drag racing, you will be charged 40 penalty units ($6192) or six months imprisonment.

2. Impounding vehicles

In case of severe offences, police have the authority to impound the vehicle involved in hooning and keep it in the holding yard. Once the police impound your vehicle, you have to pay the cost for it to be towed to the holding yard and kept there until its release. The cost of holding your vehicle in the impounding yard depends on the severity of your case. You might have to wait until the outcome of the legal proceedings of your case is known.

3. Immobilising vehicles

Another penalty for a hoon offence is immobilising the vehicle. This can be done by removing and withholding the vehicle’s licence plate. To get your car’s licence plates once the immobilisation period has ended, proceed to the property site indicated on the immobilisation notice. You must bring evidence with you when you come to collect the vehicle. You can also write an authorisation letter if someone else collects the vehicle for you.

4. Confiscating vehicles

Your vehicle can be confiscated if you are convicted of a second Type 1 hooning offence or the fourth Type 2 hooning offence. First, there will be a legal proceeding against you, and if the court finds you guilty, your vehicle will be taken off your hands permanently. Confiscated vehicles belong to the government. They are often sold in auctions or crushed to be sold as scrap metal.

Conclusion

This blog has summed up all the types of hooning offences and their general penalties in Australia. You must read it out to gain knowledge regarding these offences and take the essential preventative measures. You must also comply with all other traffic laws to keep yourself out of trouble. However, if you still get in legal trouble for violating hooning laws, you need a professional traffic offence lawyer to help you out.

Aussie Legal Partners is a renowned law firm with top-notch legal services. Our traffic offence lawyers are your best selection for you to ensure your success. Our lawyers will fight for your rights and make decisions in your best interest. We will gather solid evidence to support your case and save you from fines and severe penalties.

FAQs

Is hooning a criminal offence?

According to Traffic Act 1987 – Section 29AU hooning is a criminal offence. This section states that;

“ If a police officer reasonably believes excessive noise is generated by or from a motor vehicle that is at a public place or on a public street, the officer may direct a person having control of the vehicle to reduce or stop the noise.”

Why is hooning a problem?

Hooning is an antisocial behaviour that can be dangerous in several ways. A limited fraction of fatalities and serious injuries from traffic crashes are linked to these behaviours. However, there are significant hazards that drivers, passengers, and spectators may face.

What is the anti hoon camera in Qld?

The police in Queensland are going to implement a pilot program that includes anti-hooning camera trailers to curb harmful hooning behaviour. The Townsville, Logan, and Moreton Police Districts will test specialized anti-hooning camera trailers as part of the $6 million anti-hooning initiative.