Monday, 31 March 2014

Anti Hoon laws !

The New South Wales parliament was jubilant back in July, 2012 when it passed anti hoon laws that seemed certain to curb the worst and most dangerous driving practices that were putting other drivers at risk.  The police were equipped with new powers to confiscate cars or seize number plates for a variety of offences. These included driving at more than forty-five kilometres an hour over the posted speed limit,  using a car in an illegal street race, causing a police pursuit - or doing " burnouts " !

Police statistics released this week reveal a very different story.   The police have caught 4,500 drivers in excess of that 45 kph offence, 1233 police pursuits - using lights and sirens - have occurred and 367 drivers were detected in street drag races or doing burnouts.   Just 167 cars were confiscated and impounded - and 117 sets of number plates were seized.

It seems that 3381 drivers got away with their crime - because they were not the owner of the car involved.

When this law was framed the politicians were leery about seizing Mum or Dad's pride and joy loaned to one of the kids for an outing, or a company vehicle owned by a young drivers employer.   It failed to recognise that in today's wired world of social media ideas spread through cyber space in the twinkling of an eye.   Street cred quickly found a way around this new law - and it became the custom to register vehicles in the name of Grandma or Grandpa - and thus avoid the anti hoon law.

Back to the drawing board !    Parliament obviously has the option of a law change to make the ownership of such vehicles immaterial when an offence is committed, or they can play a " wait and see " game.  Putting a vehicle in another persons name makes that person responsible for fines that many hoons fail to pay - and eventually unpaid fines become the responsibility of the state debt collection office.

Grandma or Grandpa may not appreciate a visit from the Sheriff to seize their big screen television or other goods to meet an unpaid speed camera fine or other traffic violations.   There is also the risk of the vehicle being driven by an unlicensed driver - or unregistered and uninsured - and causing damage to other property or causing injury to a person.   In that case, the Green Slip insurance cover no longer applies and any third party insurance is void.   The legally registered owner of that vehicle is solely responsible for any damage claim that arises from an accident.

Accepting this responsibility by allowing a vehicle to be registered in their name delivers the risk of financial catastrophe on those who do not understand the risk they are taking.   All it will take is one lurid case of an unsuspecting elderly Grandma facing total financial ruin to run on the social media scene for panic to arise - and that would seem to be an eventual inevitability.

Newton's law comes to mind.  To each action, there is an equal and opposite reaction !


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