Hoon Laws in South Australia

Hoon driving in South Australia is taken seriously by the police and courts, with strict penalties and extensive police powers to impound vehicles. If you are facing charges under South Australia’s hoon laws, it’s important to understand the law.

In this post we cover hoon driving offences, the penalties involved and the potential consequences for you and your vehicle if you are charged with these offences.

What is Hoon Driving?

Hoon driving refers to the misuse of a motor vehicle in a manner that includes excessive speed, burnouts, doughnuts or other reckless driving behaviours.

Under South Australian law, police have the authority to clamp, seize, or impound vehicles involved in hooning offences.

Hooning Offences and Legal Definitions

Hooning offences are primarily covered under the Road Traffic Act 1961.

These include:

• Driving in a way that damages a road, park, or garden area.
• Careless or dangerous driving.
• Failing to maintain proper control of a vehicle.
• Creating excessive noise or smoke from tyres or the engine.

A defence may be available if the driving occurred with the consent of the property owner where the incident took place.

Penalties for Hoon Driving in South Australia

The penalties for hoon-related offences vary depending on the severity of the incident:

• Misusing a motor vehicle: Maximum fine of $1,250 plus four demerit points.
• Careless driving: Up to 12 months’ imprisonment and a minimum six-month licence disqualification.
• Excessive speeding (45km/h over the limit): First offence fines range from $1,100 to $1,500 with a minimum six-month disqualification; repeat offences attract higher fines and at least two years’ disqualification.
• Aggravated hooning offences: Stricter penalties apply if the offence involves drugs, alcohol, or results in death.

Police Powers to Clamp and Seize Vehicles

Under the Criminal (Clamping, Impounding & Forfeiture of Vehicles) Act 2007, police can seize or impound vehicles involved in hooning or other serious offences. Key points include:

• Vehicles can be clamped or impounded for up to 28 days.
• Courts can extend the impoundment to 90 days.
• Police cannot clamp vehicles on public roads unless awaiting seizure.

Seizing a Vehicle: What to Expect

Police can seize a vehicle from a public area such as roads, car parks, or footpaths. They can also enter private property with consent or a warrant. If necessary, reasonable force—including breaking into a property—may be used to seize the vehicle.

Repeat Hoon Driving Offenders: Increased Penalties

• If a driver has a previous prescribed offence in the past 10 years, the court may order vehicle impoundment for up to six months.
• A police-issued sale or disposal notice prevents the owner from selling or transferring the vehicle during legal proceedings. Breaching this is a criminal offence punishable by a $2,500 fine or six months’ imprisonment.
• In some cases, the court may order the vehicle’s value to be paid to the Victims of Crime Fund.

Vehicle Forfeiture: When the Court Takes Ownership

A court may order the permanent forfeiture of a vehicle if the driver has been convicted of:

• One previous prescribed offence in the past 12 months.
• Two previous prescribed offences within 10 years.

Forfeiture applications must be made before sentencing and the vehicle’s owner is responsible for all costs associated with impoundment or forfeiture.

Can You Challenge an Impoundment or Forfeiture?

Yes. If a court application is made to impound or forfeit a vehicle, affected parties (such as co-owners or credit providers) must be notified.

The court may refuse to grant an order if:

• The offence occurred without the vehicle owner’s consent.
• The vehicle was sold to an unsuspecting third party.
• The order would cause severe financial or physical hardship.

Instead of forfeiture, the court may impose up to 240 hours of community service.

What Happens to Impounded or Forfeited Vehicles?

A vehicle may be sold at public auction or by tender if:

• It has been impounded for over two months and remains unclaimed.
• It is subject to a forfeiture order.
• The sale proceeds are unlikely to cover costs, in which case it may be disposed of otherwise.

Compensation is only available if authorities acted outside their legal powers or in bad faith.

Other Offences Under Hoon Laws

It is an offence to:

• Obstruct or hinder a police officer enforcing impoundment laws.
• Tamper with wheel clamps.
• Interfere with an impounded vehicle.

These offences carry a maximum fine of $2,500 or six months’ imprisonment.

Facing a Hooning Charge?

Hoon laws in South Australia are complex, and the consequences can be severe. If you have been charged with a hooning offence or are facing vehicle impoundment or forfeiture, getting expert legal advice is essential.

One of our criminal defence lawyers can assess your case, explore possible defences and represent you in court to achieve the best possible outcome.