GOLFMK8
GOLFMK7
GOLFMK6
GOLFMKV

OT: WA anti-hoon laws

Tensixty6

Old & Senile
From the Melbourne Herald Sun.



A PERTH doctor is unable to recover his $200,000 Lamborghini after it was seized by police who caught his mechanic driving it at speeds up to 70km/h over the limit.

The mechanic was allegedly clocked driving the luxury vehicle at more than 160km/h in a 90km/h zone in Perth's east on Wednesday.

The doctor who owned the car had left it in the care of the garage where the mechanic worked.

Under Western Australia's anti-hoon laws, police can impound any car exceeding the speed limit by more than 60km/h, even if it is not the property of the driver.


Despite an application by the car's owner, the 2006 yellow Lamborghini Gallardo will be impounded for 28 days in line with the state's hoon legislation.

Police said they had not released the car early because the strict criteria of the anti-hoon laws did not permit it, unless the WA police commissioner gave special dispensation.

Police Minister Rob Johnson said he sympathised with the owner but that the law acted as a strong deterrent to hoons.

"I have some sympathy for him but it's a situation that he has to take up with the garage owner," Mr Johnson said on Thursday.

"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."

WA police Assistant Commissioner for Judicial Services Wayne Gregson said there was nothing police could do because "our hands are tied".

He said the police commissioner was the only person entitled to allow a car to be released early.

The Lamborghini's owner did not have extraordinary circumstances which met the criteria for the car's early release. "We try to be fair, without favours, so whether it's a Lamborghini or whether its a Kingswood or a Holden Commodore, we judge it fair, case by case," Mr Gregson said. "This case did not meet the grounds of an extraordinary hardship."

A 53-year-old man has been charged with being a hoon in a client's car.

It is the second incident involving the seizure of a luxury car to come to media attention in WA in the past six months.

In July, Australian Financial Review motoring writer Rod Easdown was clocked driving a $470,000 Ferrari at 231km/h on a country road near the wheatbelt town of Toodyay. He was fined $1,900, ordered to pay $114 in court costs and lost his licence for six months for driving the Ferrari at more than double the 110km/h limit.

This seems manifestly unfair IMHO. If someone takes your car without permission, why should you be punished by having your car impounded. What if your car is stolen, presumably the same rules apply.
 

Capercat

It's a chuck-about
Location
Location :)
"Fair & Reasonable" I would punish the driver & impound his car rather than the innocent Lambo owner. :iono:

Haha, Mr Johnson read my post and did a back flip!
 
Last edited:

johno

Volkswagen Autoliebhaber
Location
Sydney
Car(s)
R32
nice to see a banana hyundai getz in the impound...wonder what farken speed he was clocked doing? And what's a doctor doing in a yellow lambo? That doctor should be impounded for bad taste.
 

mrx

Connoisseur
Location
Perth, Australia
Car(s)
2007 CW Golf GTI 5dr
Yeah, it's a real deterrent, I was just about to put my cap on sideways and do a few line locks in my skyline, but don't think I will, now that some doctor who will now have to drive his merc, instead of his lambo, to work can't! :thumbsup:
 

POLARBEAR666

Ready to race!
Location
Australia
He should hire a yellow lambo and then sue the garage owner and the mechanic jointly for the cost of renting it for 28 days. The garage owner may have tortious liability for the actions of his employee provided that the mechanic was acting in the course of his employment and not on a "frolic of his own".
 

morty

Ready to race!
Location
Melbourne
Car(s)
Mk5 R32 3door
um hate to disagree polarbear but there's at least an implied term in any employment contract that an employee complies with the law. There's a very similar case from about 20 years ago where some mechanic had an accident in a customer's vehicle when (from memory) he was ludicruously over the BAL, and the employer actually brought a civil action against the individual employee recovering (successfully) the damages they had to pay the innocent third party. Lesson is.... play by the rules in your job, there's always the chance that if you do something bad enough, your employer can actually sue you if you are acting outside the scope of your employment.

And sorry to quip, but it wouldn't be 'tortious' liability, it would be vicarious liability of the employer - if the employee was acting within the scope of their employment (which I seriously doubt in these circumstances).

**end of rant**
 

zz2

VAG expert
Location
Perth, Austraaaliya
Car(s)
GTI V
our state is run by dumbasses.

our police force is a joke too

regardless of how much money that doctor makes he did nothing wrong and should not be punished
 

saad

Go Kart Champion
I wanna be a doctor :)
 

DRMAT

Go Kart Champion
Location
Melbourne
Car(s)
Black Magic MkV Golf
While unfair in this case i think the loophole they were trying to avoid was kids caught in parents cars getting away with it and similarly people with company cars. I know my brother got several either in parents cars, company cars or in one case someone driving their bosses car... have fun explaining that one. Why is it impounded for a month for a first offence though?
 

Maverick

Go Kart Champion
Location
Brisbane
He should hire a yellow lambo and then sue the garage owner and the mechanic jointly for the cost of renting it for 28 days. The garage owner may have tortious liability for the actions of his employee provided that the mechanic was acting in the course of his employment and not on a "frolic of his own".

The owner should be suing the commissioner for police for being such a cockhead and refusing the release the car, the law as it stands is ridiculous and out of line with all the other laws. If the driver was eight times the limit the car wouldn't have been taken away for 30 days, statistics show that a drink driver poses a far greater risk than a mechanic speeding in a customers sports car.

What extraordinary circumstances allow the car to be released early if someone who was driving the car without the owners knowledge doesn't apply?

I assume WA has permanent confiscation on the third offence so what happens if the driver had two previous convictions? (not that a conviction is required as you're guilty until proven innocent in the laws eyes). Would the Doctor have lost his car in this example?
 

FJ_Steve

Age shall not weary him
Location
Perth
WA cops....enough said. no wonder the bikies blew the x commissioner up.
Huh?

ex-commisioner? I don't think so. Better check your facts before trolling.
 

Pharkus

Ninja
Location
Melbourne
So any thoughts on what we should do prior to taking out cars down to VW (or whereever) for a service?

Last time:
- Took a photo of odometer when dropping off
- Checked that the service document stated odometer reading (had to write it in myself) matching my photo
- Came back and it had recorded 8kms additional!

Not sure if that is normal but oh well, sure wouldn't like for my car to be the one impounded for hooning. Might even stay there next time and request a passenger ride with the mechanic (yes I am that pedantic) next time they test it after a service.
 

KWICKS

Now older and wiser
Location
Around
Car(s)
GTI, Liberty 3.0RB
statistics show that a drink driver poses a far greater risk than a mechanic speeding in a customers sports car.
Source?:rolleyes:

So any thoughts on what we should do prior to taking out cars down to VW (or whereever) for a service?

Last time:
- Took a photo of odometer when dropping off
- Checked that the service document stated odometer reading (had to write it in myself) matching my photo
- Came back and it had recorded 8kms additional!

Not sure if that is normal but oh well, sure wouldn't like for my car to be the one impounded for hooning. Might even stay there next time and request a passenger ride with the mechanic (yes I am that pedantic) next time they test it after a service.
VW puit 50kms on ours after 1 day of ownership when it was returned for a paint correction. We dropped it off with 28kms and came back the next day with 78kms. We complained about it being hooned in or used as a test drive vehicle. VW couldn't explain the car's unusual use and wrote a cheque for $300 to us.... very fookin dodgy. Needless to say we haven't been back.
 
Top