Soarer Central: Anti-hoon legislation

Soarer Central Off-Topic Anti-hoon legislation - knowledge is power.

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Tamatha Chapman
Tinkerer
SA
V8 GT LIMITED

Posts: 50
Reg: 02-2006

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Tuesday, February 28, 2006 - 11:48 pm, by: Tamatha Chapman (4ltrv8)

I could not find the part of the act giving Police the authority to confiscate the vehicle if these laws are breached?

Also couldn't find where 'loud music' was covered under 'anti-hoon legislation'. If it is covered, explain Mr Whippy ice cream trucks - how loud are they?

Only had a quick browse through, so I might have missed the two above. What do you think?

The act can be viewed at this link.

http://www.parliament.sa.gov.au/Catalog/legislation/Acts/r/1961.50.un.htm

For those who want a quick browse:-

The section pertaining to these laws is covered under:-

Division 4—Vehicle misuse and careless and dangerous driving

44B—Misuse of motor vehicle

(1) For the purposes of this section, a person misuses a motor vehicle if the person —

(a) drives a motor vehicle, in a public place, in a race between vehicles, a vehicle speed trial, a vehicle pursuit or any competitive trial to test drivers' skills or vehicles; or

(b) operates a motor vehicle in a public place so as to produce sustained wheel spin; or

(c) drives a motor vehicle in a public place so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or

(d) drives a motor vehicle onto an area of park or garden (whether public or private) or a road related area so as to break up the ground surface or cause other damage.

(2) However, conduct of a type described in subsection (1) does not constitute misuse of a motor vehicle if it occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place.

(3) A person who misuses a motor vehicle is guilty of an offence.

(4) A person who promotes or organises an event involving the misuse of a motor vehicle, knowing that it will involve the misuse of a motor vehicle, is guilty of an offence.

(5) Where a court convicts a person of an offence against this section, the court must, if satisfied that the offending caused damage to, or the destruction of, any property or damage to an area of park or garden or a road related area, order the convicted person to pay to the owner of the property, or the owner, occupier or person who has the care, control and management of the area, such compensation as the court thinks fit.

45—Careless driving

A person must not drive a vehicle without due care or attention or without reasonable consideration for other persons using the road.

46—Reckless and dangerous driving

(1) A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to the public.

Penalty:

For a first offence — a fine of not less than $300 and not more than $600.

For a subsequent offence —

(a) a fine of not less than $300 and not more than $600; or

(b) imprisonment for not more than three months.

(2) In considering whether an offence has been committed under this section, the court must have regard to —

(a) the nature, condition and use of the road on which the offence is alleged to have been committed; and

(b) the amount of traffic on the road at the time of the offence; and

(c) the amount of traffic which might reasonably be expected to enter the road from other roads and places; and

(d) all other relevant circumstances, whether of the same nature as those mentioned or not.

(3) Where a court convicts a person of an offence against subsection (1), the following provisions apply:

(a) the court must order that the person be disqualified from holding or obtaining a driver's licence —

(i) in the case of a first offence — for such period, being not less than six months, as the court thinks fit; or

(ii) in the case of a subsequent offence — for such period, being not less than three years, as the court thinks fit;

(b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month.

(4) In determining whether an offence is a first or subsequent offence for the purposes of this section, only a previous offence against subsection (1) for which the defendant has been convicted that was committed within the period of five years immediately preceding the commission of the offence under consideration will be taken into account.

Peter Burrett
TryHard
ACT
2.5 VVTi ST

Posts: 274
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Wednesday, March 01, 2006 - 06:15 pm, by: Peter Burrett (Burrett)

Forget Mr Whippy, what about Harleys?

Clayton Webb
TryHard
South Australia
'31 V8

Posts: 190
Reg: 09-2005

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Wednesday, March 01, 2006 - 06:38 pm, by: Clayton Webb (Clackers)

Peter Burrett wrote on Wednesday, March 01, 2006 - 06:15 pm:
what about Harleys?

Totally Agree with you Peter. Think the cops are too scared/soft to do anything about them.

Daniel Czechowski
TryHard
Western Australia
Soarer GT-T

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Wednesday, March 01, 2006 - 06:43 pm, by: Daniel Czechowski (Dan)

Clayton, if they are scared of Harleys, how do you explain Mr Whippy then huh? Maybe they find Mr Whippy scary also?

hehehe

Nathan Richardson
Tinkerer
Queensland
UZZ 32 #445

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Wednesday, March 01, 2006 - 06:46 pm, by: Nathan Richardson (Richtheblack)

Peter Burrett wrote on Wednesday, March 01, 2006 - 06:15 pm:
Forget Mr Whippy, what about Harleys?

Yeah its total BS

. Noisy bloody boat anchors is what they are!!

Shane Ilich
DieHard
W.A.
Manual Single T

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Wednesday, March 01, 2006 - 06:51 pm, by: Shane Ilich (Ferret)

Clayton Webb wrote on Wednesday, March 01, 2006 - 06:38 pm:
Totally Agree with you Peter. Think the cops are too scared/soft to do anything about them.

its something to do with them coming out of the factory/being produced standard with that exhaust note. same with trucks, and their bov and noise.

on a side-note, harley-davidson has actually copyrighted that distinctive exhaust note...noone is allowed to commercially produce a muffler system that replicates it too closely.

Nathan Richardson
Tinkerer
Queensland
UZZ 32 #445

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Wednesday, March 01, 2006 - 07:03 pm, by: Nathan Richardson (Richtheblack)

Shane Ilich wrote on Wednesday, March 01, 2006 - 06:51 pm:
its something to do with them coming out of the factory/being produced standard with that exhaust note. same with trucks, and their bov and noise.

I believed that the typical harley noise wasn't standard, there actually quite quiet until you remove the baffles.
By BOV on trucks do you mean the Jakes Brakes?
They can be fined for using them in a residential area.

Shane Ilich
DieHard
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Wednesday, March 01, 2006 - 07:17 pm, by: Shane Ilich (Ferret)

nathan - i just remember reading about the Harley copyright, question was being asked by the author as to how it would be policed, something about if they were marketed as "sounding like a Harley" or something.

as for the trucks...yeah, guess thats what i was meaning, the air brake things....

point i was attemtping to make is, they're both bloody loud as standard, and hence dont get done. for cars, the loudness comes by due to the fitting of aftermarket bits, and in theory, changing these exhaust-related bits also alters the emissions of the vehicle.

Murray Lund
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NSW
V8

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Wednesday, March 01, 2006 - 07:31 pm, by: Murray Lund (Murray)

I live in a narrow 50km/h suburban street where there are lots of kids on bikes around after school. We regularly have a red Skyline that screeches round the corner and redlines 1st and second gear (shudder to think how fast that is) down the street. Other cars, unidentified, but probably crap Commodores, screech around at 2am in the morning (I have to leave home at 5am to go to work - so when I get woken at that hour I'm not real impressed - my tolerance level for 'hoons' is at a low ebb). My Soarer isn't super quiet, but if it's late at night, on suburban streets, I try to keep the throttle light and the revs down to a nice V8 burble. I reckon a bit of common sense and consideration for others goes a long way.

Don Bagnall
Moderator
New Zealand
I have LESS Soarers than Hayden :-(

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Wednesday, March 01, 2006 - 09:23 pm, by: Don Bagnall (Baggs)

All the Harley-ferguson's over here come with the standard quiet pipes, BUT Dragger pipes ARE a factory option from new, so they can probably get away with it.

Nathan Richardson
Tinkerer
Queensland
UZZ 32 #445

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Wednesday, March 01, 2006 - 09:55 pm, by: Nathan Richardson (Richtheblack)

Murray Lund wrote on Wednesday, March 01, 2006 - 07:31 pm:
Other cars, unidentified, but probably crap Commodores, screech around at 2am in the morning (I have to leave home at 5am to go to work - so when I get woken at that hour I'm not real impressed - my tolerance level for 'hoons' is at a low ebb)

I hear ya. I cant stand "P-Plating, Commodore driving" hoons!

I can say that 'cos I was one. (What was I thinking?)

Clayton Webb
TryHard
South Australia
'31 V8

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Thursday, March 02, 2006 - 04:51 pm, by: Clayton Webb (Clackers)

How can they be allowed to come out that loud as stock? They'd have to be over the 91 Db (give or take) limit wouldn't they?

Morgan Cross
Goo Roo
Victoria
Soarer TT

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Thursday, March 02, 2006 - 09:45 pm, by: Morgan Cross (Morgan)

Exactly what I was going to say Clayton.

Regardless if it's standard or not, if it's over the sound limit, it's not legal.

I hate all these poxy exceptions.

Edit: Same as Ferrari's, they are below 100mm ride height from factory, that's not legal, but a blind eye is turned.

It's a crock I tell ya.

Aaron Klaver
TryHard
Victoria
TT and T

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Thursday, March 23, 2006 - 12:27 am, by: Aaron Klaver (Nakedterror)

never seen a ferrari under 10cm in ride height Morgs!

as for Harleys, mate they get dicked all the time - they just do what I do, roll in, put on stock exhaust, get tested, put loud ones back on ;)

Morgan Cross
Goo Roo
Victoria
Soarer TT

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Thursday, March 23, 2006 - 02:47 am, by: Morgan Cross (Morgan)

Aaron Klaver wrote on Thursday, March 23, 2006 - 12:27 am:
never seen a ferrari under 10cm in ride height Morgs!

I haven't either, however they look terribly low... I just don't carry a tape measure on me lol

Tim Appleton
Tinkerer
QLD
GT-L V8

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Thursday, March 23, 2006 - 09:01 am, by: Tim Appleton (Timbo)

I seem to remember the reg's saying that if a car was manufactured with less than 100mm of ride height then it was legal, since spring rates and suspension travel have been engineered for this.

I'm pretty sure Lambo's are lower than 100mm as they have a button to raise the front end so you can get over speed bumps.

Avin Luther
DieHard
vic
Soarer uzz31 Limited

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Thursday, March 23, 2006 - 09:24 am, by: Avin Luther (Lex_luther)

so then soarers should be legal under 100mm if you can lower the airbags that much, as they were engineered with that possibility in mind

Brenton Trafford
TryHard
SA
V8 Limited - UZZ31

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Reg: 08-2005

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Thursday, March 23, 2006 - 02:00 pm, by: Brenton Trafford (Traff)

Daniel Czechowski wrote on Wednesday, March 01, 2006 - 06:43 pm:
Clayton, if they are scared of Harleys, how do you explain Mr Whippy then huh? Maybe they find Mr Whippy scary also? hehehe

Only if Chuck Norris is driving the Mr Whippy van.

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