Hooning
Hooning is the common word we use for any anti-social behaviour in a motor vehicle (car, van, or motorbike), such as speeding, street racing, burnouts and playing loud music from a car stereo.
You can make complaints online about other traffic related incidents such as:
- dangerous driving
- careless driving
- driving without reasonable consideration for other people
- driving in a way that makes unnecessary noise or smoke
- racing or conducting speed trials on a public road.
Anti-hooning laws, as they are often known, have been repeatedly strengthened as part of the Queensland Government’s commitment to crack down on illegal street racing and hooning. You can commit a hooning offence while you are driving any vehicle, including one owned by a friend or family member—you do not have to be the vehicle’s owner.
Report traffic incidents or hooning to the police
Fines for hooning
Penalties vary for different hooning offences. For example, driving in a way that makes unnecessary noise or smoke carries a maximum fine of 20 penalty units ($3096) while the most serious offences, such as careless driving—also known as driving without due care and attention—or street racing, carry a maximum fine of 40 penalty units ($6192) or 6 months in jail.
Impounding, immobilisation, and confiscation of vehicles
In addition to the penalties for any traffic offences committed, a 2002 amendment to the Police Powers and Responsibilities Act 2000 gave Queensland Police the power to impound vehicles, immobilise and confiscate vehicles involved in hooning offences.
Impounding vehicles
Vehicles are impounded by being placed in a holding yard. If your vehicle is impounded, you will have to pay for it to be towed to the impound lot and stored there.
Depending on how long your vehicle is impounded this could be a substantial cost; particularly if you must await the outcome of legal proceedings against you.
Immobilising vehicles
Vehicles are immobilised by removing and withholding the licence plates.
Once the immobilisation period is over you will need to go to the property point stated on the immobilisation notice to reclaim your vehicle’s number plates.
You must bring proof that you are the registered owner of the immobilised vehicle or write a letter authorising another person to collect the plates for you.
Confiscating vehicles
For the second Type 1 hooning offence and the fourth Type 2 hooning offence your vehicle can be confiscated—taken off you permanently—at the end of any legal proceedings against you.
Confiscated vehicles are auctioned off by the government or crushed and sold as scrap metal.
Types of hooning offences
Hooning offences are now classed as either a Type 1 or Type 2 offence. Each type of offence carries different impound, immobilisation and confiscation penalties.
For both a Type 1 and a Type 2 offence—depending on the seriousness of the offence—you can be issued an infringement notice, a notice to appear in magistrates court or you may be arrested.
Type 1 hooning offences
- Dangerous driving
- Careless driving
- Organising, promoting, or taking part in racing and speed trials
- Willfully starting a motor vehicle or driving in way that makes unnecessary noise or smoke
- Evading police
For the first Type 1 offence, the vehicle you were driving can be impounded or immobilised for 90 days. For the second offence the vehicle can be impounded and may be confiscated at the end of any legal proceedings against you.
Type 2 hooning offences
- Driving a vehicle that is uninsured and unregistered
- Driving without a licence or when your licence has been suspended
- High range drink driving with a blood alcohol level above 0.15%
- Exceeding the speed limit by more than 40km/h
- Driving a modified vehicle that does not comply with vehicle safety standards
- Driving while under a 24-hour suspension order.
For the first Type 2 offence the vehicle you were driving will not be impounded or immobilised; however, for future offences it will be.
For the:
- second offence the vehicle will impoundment or immobilised for 7 days
- third offence the vehicle will impoundment or immobilised for 90 days
- fourth offence the vehicle will be impounded and may be confiscated at the end of any legal proceedings against you.
Applying for early release of your vehicle
You can make an application to the Commissioner of Police for the early release of your vehicle if you can prove that:
- not having your vehicle is causing you severe financial or physical hardship
- the cause of the offence has been corrected—for example, the vehicle has now been modified to comply with safety standards
- you are the vehicle owner and the offence happened without your consent
- the impoundment or immobilisation was unreasonable.
The application must be made to the Commissioner of Police through the Queensland Police early release of an impounded vehicle application form. You should also provide any documents that can back up your application.
Once all documentation has been received the police should be able to decide on your case within 5 working days. If your application is refused you can appeal through the Magistrate Court.
Apply for early release of an impounded vehicle
Find out status of early release application
You can call Policelink on 131 444 to find out the progress of your application. You will need to provide the vehicle registration, your name or Queensland Police (QP) number for this.