Street racing law. I guess it could get worse.

Except their street racing law seems to actually target street racing. And they crush your car after a 3rd offense.

I'll trade our bs cash-grab law for that any day of the week.
 
Cool, another government and police force as dumb as our own! :lol:
 
I wonder if they get a chance to defend themselves?
 
turbodish said:
You sure about that? http://www.police.govt.nz/service/road/boyracerdetails.html
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Ya... It's a lot better there. Plus you don't lose you license unless convicted! That's the way it SHOULD be.


If a car is impounded, can the owner get it back before the end of the 28 days?

In addition, the owner of the vehicle can appeal to the Police against the impoundment on certain grounds. The grounds are that:

The enforcement officer who seized the vehicle did not have reasonable grounds to believe that the operator of the vehicle was contravening the prohibition on racing, etc; or did not comply with the prescribed notice requirements.


If, following successful appeal to the Police or the Court, my vehicle is released from impoundment, will a person still have to pay the towage and storage fees? If the appeal was successful because the enforcement officer who impounded the vehicle did not have reasonable grounds to believe that the person operating it was committing a street racer offence, you will not be liable to pay the towage or the storage fees.




Only a Court can confiscate a vehicle



  1. What happens if a person is convicted a second time? If the person is convicted for "racing" offences committed twice within 4 years, the Court must confiscate the vehicle (except in cases of extreme hardship).
  2. What happens to a vehicle which is confiscated? The vehicle will be sold. The proceeds would be paid out in the following order:
    • The costs of the sale, including seizure, towing and storage;
    • Payment of any sum owing on the vehicle;
    • Any outstanding fines;
    • The offender.
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Splash said:
Ya... It's a lot better there. Plus you don't lose you license unless convicted! That's the way it SHOULD be.
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sounds like you get a fair trial there
 
nobbie48 said:
That's New Zealand. We have the same thing but ours is up side down.
There: You have a bike / Trial / Punishment
Here: Punishment / Trial / You get your bike back
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Sounds about right
 
nobbie48 said:
That's New Zealand. We have the same thing but ours is up side down.
There: You have a bike / Trial / Punishment
Here: Punishment / Trial / You get your bike back
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Read again. You might not lose your licenses, but you do lose the car at roadside, not for 7 days but for 28 days, and you are liable for the tow and impound charges. As soon as the car is impounded, the certificate oif fitness for the car is revoked and you have to get the car inspected to put it back on the road. The same law also lets them seize and sell the vehicle for unpaid fines. Between that and the three strikes your car is forfeit, their law is tougher than hours.

Vehicle seized and impounded for 28 days in certain circumstances


  • (1) An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—
    • (a) the person was disqualified from holding or obtaining a driver licence authorising the person to drive that vehicle; or
    • (b) the person's driver licence is for the time being suspended or was revoked; or
    • (c) in the case of a person who was previously forbidden to drive because the person was an unlicensed driver or his or her driver licence had expired, the person did not hold a driver licence; or
    • (d) the person—
      • (i) had a—
        • (A) breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
        • (B) blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood; or
        • (C) failed or refused to undergo a blood test, after having been required or requested to do so under section 72 or section 73; and

    (1AA) An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that—
    • (a) the driver operated the vehicle in a manner that breached a qualifying bylaw; and
    • (b) the vehicle is subject to a warning notice attached under section 22AF.

    (1A) An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person—
    • (a) operated the vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1); or
    • (b) without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3).

    (1AB) An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person driving the vehicle has failed to stop as signalled, requested, or required under section 114(1) or (2).

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turbodish said:
Read again. You might not lose your licenses, but you do lose the car at roadside, not for 7 days but for 28 days, and you are liable for the tow and impound charges. As soon as the car is impounded, the certificate oif fitness for the car is revoked and you have to get the car inspected to put it back on the road. The same law also lets them seize and sell the vehicle for unpaid fines. Between that and the three strikes your car is forfeit, their law is tougher than hours.
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Might be tougher but at least there's due process... unlike here.
 
Splash said:
Might be tougher but at least there's due process... unlike here.
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The car or bike is taken away immediately at roadside in New Zealand, before any court hearing or conviction, and for 28 days, not 7. How is that significantly different than what happens here, other than the length of impound involved?
 
Well at least they seem to understand what "racing" means, unlike our own elected representatives, but overall that law is very close to ours. It adds the crushing of cars for repeated CONVICTIONS. Impoundments take place, at the roadside, as here. The length of time of those impoundments is 4 times ours. Not paying for towing and impoundment, if not found guilty, is simple common sense to me.

All in all, this sort of law is bad. The standard of justice is being eroded, by pandering politicians. If the behaviour is sufficiently dangerous then criminal sanctions can be applied, rather than those from the various traffic acts. If the behaviour is actually that dangerous, then criminal sanctions SHOULD apply.
 
Rob MacLennan said:
Not paying for towing and impoundment, if not found guilty, is simple common sense to me.
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Except the way that their law is written, simple lack of conviction does not equate to tow and impound charges being returned. The law states that return of costs will be made if there is a determination by the appeal process that the cop ordering the impound and towing did not have reasonable grounds to do so. It also states that the a person may appeal to the police or to the courts, which is the same as saying that the appeal can be outside of the trial process.

In effect, they are talking about returning costs in cases of malfeasance by a cop, and not trial aquittals arising out of reasonable doubt or insufficient evidence to support a conviction.
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