The Anti Hooning Laws come under the Police Powers and Responsibility Act. This Act is being ammended on its second reading in Parliament today the 16/4/2013, Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012. We are awaiting responses to correspondances to the following people the Police Minister, Transport Minister, Opposition Transport Minister and a Minister Steve Davies (LNP) who rides himself. They have all been asked of clarification of these laws. As there is no mention of excessive noise or levels of noise to work with, there is no dba level in this bill there seems to just be more power to the police this is legislation to take your vehicle away on the say so of the police The letter that was sent is below.

We are writting to you today to ask you for clarification of the amendments to the Police Powers and Responsibilities (Motor Vehicle Impoundment) and other legislation Amendment Bill 2012.

Under the section Impounding notice for motorbike noise direction offence or motorbike noise order offence there is no definition of what that would be. The Australian Design Rules state for noise 94dba. In this bill it seems the police officers discretion is at use which could lead to misuse of this law. Please clarify if there will be a dba level attached to this law or a process that would be involved we believe there is not a human that can accurately determine noise levels
Waiting on your response

Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012

Introduced by: J M Dempsey MP on 27/11/2012
Stage reached: Report from Committee on 12/03/2013
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012
Impounding notice for motorbike noise direction offence
or motorbike noise order offence

(1) This section applies if a  motorbike is impounded for a
motorbike noise direction offence or a motorbike noise order
offence.
(2) As soon as reasonably practicable, a police officer must give
written notice in the approved form (impounding notice) of
the impounding to—
(a) the driver of the motorbike; and
(b) if the driver is not the owner or not the only owner of the
motorbike—the owner or each other owner of the
motorbike.
(3) If the driver is a child, the impounding notice must also be
given to the child’s parent or guardian if it is reasonably
practicable to do so, unless the parent or guardian is given
notice under subsection (2).
(4) If the motorbike is impounded for a motorbike noise direction
offence, the impounding notice must include the information
required under section 82.
(5) If the motorbike is impounded for a motorbike noise order
offence, the impounding notice must include the information
required under section 83 or 84.
(6) When giving an impounding notice under this section to a
child or the child’s parent or guardian, the police officer

giving the impounding notice must also give the person an
explanation of the matters stated in the notice.
(7) The police officer may give the explanation by giving the
person a statement, in the  approved form, containing the
explanation if it is appropriate in the circumstances to do so.
(8} An impounding notice given to a driver under subsection
(2)(a) must be given personally to the driver.
(9) Also, if the name of the owner of the motorbike is not known,
an impounding notice required to be given to the owner under
subsection (2)(b) may be given by making the information
required to be included on the impounding notice, other than
the owner’s name and address, available on the police service
internet website.

Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012. Explanatory Notes

UPDATE on these amended legislation there has been a lot of work going on behind the scenes endeavoring to get clarification on these laws. These laws have caused a lot of concern not only to the biker community but also the car enthusiasts community also, because these laws are that badly written, they cast a net that wide that we have all become the by-catch of what these laws were first developed for, which was to remove the road user that doesn't care what they do while using a vehicle. Please don't forget we have laws that are in use, such as reckless use of a motor vehicle, driving/riding with undue care and attention, using a motor vehicle in such a way it is not in accord with the road management act and on and on it goes. So why have these amendment's been made to now include the use of the word motorcycle, and also there have been changes  to the modification of the vehicles once again we have been brought in under this net. The Police have always had the discretion to defect a vehicle and a process in which the person who received the defect notice can firstly find out if it is an actual defect and if so then rectify that defect in accordance with that notice and once rectified then present the vehicle and paper work from the certified authority stating there was no defect or that there was a defect and it has been rectified in accordance with the Act.

Now with these hoon laws and the amendment's to the impoundment of vehicles in the police Powers and Responsibilities Act here lays the problem, with a defect it is now one hooning infringement 2 infringements in 5 years and your vehicle is impounded for 90 days. With the noise direction notice under the Act it can be impounded for 90days on the first offence.

This is how the law reads, we have had some communication back from the police minister offices, but still no real  clarification, so we will keep asking the questions and hopefully get some real clarification to the reading of these laws.

The car  enthusiasts are moving on this also they have started a political party for all motor enthusiasts http://www.australianmotoringenthusiastparty.org.au/

They also have a facebook page
https://www.facebook.com/AustralianMotoringEnthusiastParty?hc_location=stream these laws affect everybody, so if you can please support where and when you can, please remember that every time the authorities are given more powers means we loose more and more  FREEDOM & DIGNITY JUSTICE.

NOTICE to Owner RE: Impounding and Forfeiture of Vehicles

Police Powers and Responsibilities Act 2000, Section 118(6)PPRA

Take notice that the Commissioner possesses the following property.  Within 30 days after this notice is given, you may give the Commissioner a written notice proving ownership of this item.

If you do not give the Commissioner written notice within 30 days, the Commissioner may destroy or dispose of the item. All enquiries quoting the revelant Property Disposal Notice number are to be forwarded to the nominated Police Station.

Information that appears on this page is made available because the person's name and location are not known, or the person cannot be located.

http://www.police.qld.gov.au/services/pubnotice/impound/

Motor Vehicle Impoundment

As part of the Queensland Government’s commitment to crack down on illegal street racing and hooning, The Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012, was passed in State Parliament on April 16, 2013.

The new legislation supports the State Government’s election commitment to have the toughest anti-hoon laws in Australia. The Police Minister recently announced the legislation commencement date will be 1 November 2013.

The new laws will improve road safety by deterring repeat offenders, stop offenders by taking their cars away and provide efficiency gains for the QPS.

The new laws extend the existing two categories of vehicle related offences and increases the current impoundment period of 48 hours to 7 days or 90 days.

Type 1 offences - such as burn-outs, racing and speed trials - currently result in a vehicle being impounded for 48hours. The new laws will automatically impound the vehicle for 90 days for the first Type 1 offence - such as burn-outs, racing, speed trials, dangerous operation, careless driving and wilfully make unnecessary noise or smoke of a vehicle, and evade police. The vehicle will be impounded off the road at their own expense for three months, and forfeited for the second offence.

Type 2 offences include driving a vehicle whilst uninsured at the same time as unregistered, drive without a driver’s licence, drive with a high alcohol limit, exceeding the speed limit by more than 40kms/hr and non-compliance with vehicle and safety standards. The first Type 2 offence is a pre-impoundment offence, whilst the second offence the vehicle will be immobilised or impounded for 7 days, then 90 days for the third offence and forfeited on the subsequent offence.

Illegally modified vehicles and owners engaging in anti-social and unsafe driving behaviour will be affected by these changes - law abiding citizens with legal modifications have nothing to fear. The new legislation will not have any effect on motoring enthusiasts who drive and operate vehicles within the law. The Government believes that standardised design rules for vehicles are critical for improving road safety. By ensuring all vehicles comply with certain safety standards, this minimises harm on Queensland roads.

During 2012, under the current legislation, 10,382 vehicles were impounded, of those only 23 vehicles were impounded for illegal modifications, which represents a small proportion of 0.002%.

The new legislation provides provisions for the owner or regular driver of the vehicle, can make application to the Commissioner of Police for the Early Release of the Impounded or Immobilised Vehicle for numerous reasons including severe financial or physical hardship, the prescribed offence happened without the owners consent, the Type 2 offence has been rectified or the grounds for impounding or immobilising the vehicle are unreasonable. The Commissioner must, if reasonably practicable decide on the application within five days of receiving it and all supplementary evidence. Should the owner or regular driver disagree with the Commissioners decision, the decision is appealable to the Magistrates Court.

The new laws send a strong message to Queensland ‘hoons’ that the Queensland community are fed up with dangerous hooning on public roads and want the brakes put on hooning offenders.

The new offences, sanctions and processes are outlined in the Fact Sheet and Process Flowchart.

Motor Vehicle Impoundment Fact Sheet

Proposed Motor Vehicle Impoundment Process

Light vehicle modifications

There are a wide variety of Commonwealth and State standards that govern the safe construction and modification of vehicles that are used on Queensland roads. All vehicles must continue to comply with the Australian Design Rules in force when the vehicle was manufactured. The Transport Operations (Road Use Management – Vehicle Standards and Safety) Regulation 2010 contains vehicle standards not covered by Australian Design Rules.

http://www.tmr.qld.gov.au/Safety/Vehicle-standards-and-modifications/Vehicle-modifications/Light-vehicle-modifications.aspx