Charge owner of cars for hooning if the driver doesn’t come forward: Law change proposal for hooning

A simple change to a Queensland law will put an end to hoons wreaking havoc on the Coast, according to the Police Union.

A simple change to a Queensland law will put an end to hoons wreaking havoc on the Coast, according to the Police Union.

The Union is calling on the State Government to tweak the Transport Operations (Road Use Management) Act 1995, to make owners of cars used in hooning incidents, culpable for the crime. That is of course, unless they give up the person driving.

Currently in Queensland, to commence a prosecution, police have to identify the driver at the time of hooning offence, making it difficult to successfully prosecute an offender.

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The union want to bring hooning in line with other offences similar to when a car caught by cameras speeding or breaking a red light, where the owner of the car is automatically sent the infringement notice. The owner of the car then has the ability to say it wasn’t them driving and point the finger at whoever was behind the wheel.

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Queensland Police Union President Ian Leavers said he believes this could be a real game-changer in arresting hoons.

“It’s one simple change that could effectively bring an end to hooning,” Mr Leavers said.

“Police are able to obtain all sorts of footage of offenders driving their vehicles in a dangerous manner, including the commission of hoon type offences.

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“They can obtain covert police video footage, CCTV footage, recorded footage from the police helicopter, and dashcam footage from police vehicles and members of the public. “However, in order to commence a prosecution, it is necessary for the police to identify the driver at the time of the commission of the offence.”

Mr Leavers said currently the law is hampering police from prosecuting the hoons.

“While police have the power to require an owner of a vehicle to identify a driver in certain circumstances that power is often insufficient. For example, where the owner was the driver, then that person can claim self incrimination privilege, and refuse to answer questions.

“Presently, for offences detected by official speed and red light cameras, the law provides a deeming provision which makes the owner of the vehicle liable for the offending, unless the owner identifies the driver (or provides proof of having sold the vehicle or the vehicle having been unlawfully used).

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A group of Gold Coast hoons calling themselves the "Mexican Hoon Cartel" have been terrorising suburban streets around the city.

“I believe those deeming laws should logically be extended to all traffic offending that is caught on camera. Often the instance of hooning is more of a danger to the public than a person who is just exceeding the speed limit.

“The Transport Operations (Road Use Management) Act 1995 should immediately be amended to make the deeming provisions apply to all offences under that Act and its various regulations captured on camera footage.”

Police Minister Mark Ryan has asked the Queensland Police to consider the law change.

“I have asked the Queensland Police Service to consider this matter,” he said.

“The Palaszczuk Government has zero tolerance for hoons.”

Police sources have told the Bulletin this would be a game changer for them.

“These fools would turn on each other quickly,” the source said.

“Once you start charging the owners of the car with the hooning offences, the loyalty they think they have to each other would be out the window.

“It’s hard to identify the drivers of the cars, in those social media posts, but it’s not that hard to identify the car and I’m sure once we start knocking on doors, it’ll all crumble quickly.”