在新西兰
经过Skykiwi 管理层讨论以后我们不在允许有关非法飚车活动~！
我们来看看从New Zealand Police 转贴过来。。。
https://www.police.govt.nz/service/road/boyracerdetails.html
"Boy Racer" Act details
The "Boy Racer" Act - more detailsThe Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 provides discretionary powers for "enforcement officers" (usually NZ Police officers) to impound vehicles operated in breach of what are colloquially called "boy racer" offences. The Act amends the Land Transport Act 1998.
The Act is designed to combate the problem of unauthorised street racing, drag racing, wheel spinning and other stunts on roads, and the spillage of oil and other lubricants on roads without reasonable excuse. A "race" may be against another vehicle or racing against the clock but does not mean simple speeding - which will continue to be dealt with under existing legislation.
The following are the major offences and the maximum penalties.
- You must not operate a motor vehicle in a race or in an unnecessary exhibition of speed or acceleration on a road (unless authorised by law).
- You must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction (unless authorised by law).
- If you commit either of these offences the maximum is 3 months imprisonment, or $4,500 in fines, and a minimum period of disqualification of 6 months.
If you kill or injure someone while illegally racing, the penalties increase to a maximum penalty of 5 years imprisonment, or a fine not exceeding $20,000, and a minimum period of disqualification of 1 year. - You must not, without reasonable excuse, pour onto or place on, or allow to spill onto any road petrol, oil or diesel fuel, or any other substance likely to cause a vehicle to undergo loss of traction.
- Pouring, or spilling a slippery substance on the road is an infringement offence with a fee of $600, or if proceeded with in Court, a fine not exceeding $3,000.
When a Police officer believes on reasonable grounds that a vehicle has been operated in an illegal street race, an unnecessary exhibition of speed, or a burnout, the officer may impound the vehicle for 28 days at the owner's expense - effective immediately.
If a vehicle is impounded it will be ordered off the road until it gets a new warrant of fitness. In this case the new warrant can only be issued by an approved vehicle testing station run by the NZAA, On Road NZ, Vehicle Testing NZ, or Vehicle Inspection NZ. These agencies are listed in local telephone books.
Frequently asked questionsPlease Note: This is intended to provide general information about the Act but is not a substitute for legal advice. If you are charged or have your vehicle impounded under this Act, you may wish to seek legal advice.
General
- What is the purpose of the Act?The Act is provides Police and the Courts with the powers for dealing with unauthorised street racing, drag racing, wheel spinning and other stunts involving motor vehicles on roads.
These activities can be a problem in some places, and can involve illegally modified cars. Diesel may be poured on the road to aid wheel spins. This damages the surface of the roads and may endanger other motorists who later use the road.
Generally these activities occur late in the evening and in the early hours of Saturday and Sunday mornings, disrupting the sleep of local residents. Local businesses have reported vandalism to properties and intimidation of staff and security guards.
- How does the Act tackle this problem?The Act states that a person must not, unless authorised by law, operate a vehicle:
- in a race or an unnecessary exhibition of speed or acceleration;
- in a manner causing it to undergo sustained loss of traction (i.e. spinning the wheels), without reasonable excuse.
- Does the Act prohibit all races - such as the Wanganui Motorcycle Race, any car club rally or even the Energywise Rally?No. If a race is "authorised by law", it is permitted. "Authorised by law" means:
Either: The race takes place on a road which has been closed for that purpose by Transit New Zealand or the local council(such as the roads closed by the Wanganui District Council for the Wanganui Motorcycle Race)
Or: The vehicle complies with the speed limit; and the operator of the vehicle does not contravene any other enactment that applies to the operation of the vehicle (e.g. the driver must not drive the vehicle recklessly).
The Energywise Rally or any lawful car club event would be permitted under this provision.
- If my car skids while I am braking, will I be committing an offence?You are allowed a "reasonable excuse". This would depend on the facts of each case but might include ice on the road which has caused the wheels to spin, or the vehicle to slide or the need to make an emergency stop and so cause the car to skid.
- What about the rally driver who does a "four wheel drift" around a corner?Wheel spinning is permitted if it takes place on a road which has been closed for that purpose (such as a road closed for the Rally of New Zealand).
- If the Police find someone racing or performing wheel spins, what will they do?An officer may either:
- charge the person (i.e. the person has to go to Court); or
- charge the person AND impound the vehicle.
- Won't this Act simply move the problem off public roads onto supermarket car parks, beaches, etc?In traffic law, "road" means, in addition to formed public roads, "a beach, and a place to which the public has access, whether as of right or not." Therefore, the Act applies to a wide range of locations, and this may include supermarket carparks or other customer carparks.
Powers of the Police - Impoundment
- If the officer impounds the vehicle, how long will it be kept for?The vehicle will be impounded for 28 days.
- Where will impounded vehicles be kept?The Police approve local firms as "storage providers" to provide safekeeping for all impounded vehicles.
- Who pays the cost of towing the vehicle to the storage area and who pays the cost of storing the vehicle for the 28-day period?The owner of the vehicle pays these charges. Towage and storage charges are set by law and will be around $350, but may be more, depending on the time when the tow was undertaken and the distance involved.
- What is to stop someone whose car has been impounded from simply buying another one?Nothing. But if that person is convicted of a "racing" offence, the Court must disqualify the person from driving. If the person is caught driving while disqualified, the new vehicle would be impounded under the existing impoundment regime and the person is likely to be charged for driving while disqualified.
- What happens to vehicles which have been illegally modified?When a vehicle is impounded for "racer" offences, its Warrant of Fitness is automatically cancelled. This means that, on release from impoundment, the vehicle will have to undergo a new Warrant of Fitness inspection and any illegal modifications (lowered suspension, extra lights, noisy exhausts, etc) will have to be rectified.
- If a car is impounded, can the owner get it back before the end of the 28 days?Only in limited circumstances. If the Police decide not to prosecute the person
operating the vehicle, or if the person is acquitted of the charge, the vehicle must be released to the owner.
In addition, the owner of the vehicle can appeal to the Police against the impoundment on certain grounds. The grounds are that:
- The owner did not know or could not be expected to know that the operator of the vehicle would contravene the prohibition on racing, etc;
- The owner took all reasonable steps to prevent the operator of the vehicle from contravening the prohibition on racing, etc.
- The impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or
- 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.
If the appeal was successful because your vehicle was stolen at the time it was impounded, you will not be liable to pay the storage fee.
If your appeal was successful for any other reason, you will not be liable to pay for the first 3 days of the vehicle's storage."
Examples
- If my child borrowed my car with my permission and then got caught racing by the Police and the Police impounded my car, could I get it back without having to wait 28 days?There may be grounds for appeal. You would need to show that you did not know or could not reasonably be expected to know that your child would go racing in your car.
- If my child borrowed my car without permission and the car got impounded, could I get it back before the end of the 28-day period?There may be grounds for appeal. You would need to show that the car had been "converted" - i.e. taken without permission. However, in such a case the Police may wish to charge your child with car conversion.
- If an employee who was allowed to take a company vehicle home used it for racing and the Police impounded it, could the company get the vehicle back before the end of the 28-day period?This is the same as example A. The company would need to show that it did not know or could not reasonably be expected to know that the employee would go racing.
- But if the employee already had had the company car impounded once before for "racing" offences, would the company get the vehicle back before the end of the 28-day period?It may be more difficult in that case for the company to argue successfully that it did not know or could not reasonably be expected to know that the employee would go racing.
- If my child borrowed my car with my permission and then got caught racing by the Police and the Police impounded my car, could I get it back without having to wait 28 days?There may be grounds for appeal. You would need to show that you did not know or could not reasonably be expected to know that your child would go racing in your car.
- What happens to a person who is convicted of operating a vehicle in an unauthorised race or performing wheel spins?The penalties are the same as the penalties for reckless or dangerous driving:
- If no-one is injured -
- The Court may sentence a person to a maximum of 3 months' imprisonment or a fine not exceeding $4,500; and
- The Court must disqualify the person from driving for 6 months or more;
- If someone is injured or killed -
- The Court may sentence a person to a maximum of 5 years' imprisonment or a fine not exceeding $20,000; and
- The Court must disqualify the person from driving for 1 year or more.
- If no-one is injured -
- 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).
- 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.
- What is the difference between impounding and confiscating a vehicle?A vehicle which is impounded by Police must be released to the owner on payment of fees after 28 days, or earlier in some circumstances, as explained above. Only a Court can confiscate a vehicle. A confiscated vehicle is not returned and its owner is not allowed to own or part-own a vehicle for a year.
Pouring diesel, oil or other slippery substances on a road
- What happens if a person is caught pouring diesel or other slippery substances on a road without reasonable excuse?The Police may serve the person with a $600 infringement notice. The person may either pay the $600, or choose to defend the charge in Court.
Alternatively the Police may take the person to Court, which may impose a fine of up to $3000.
- What is a "reasonable excuse" for pouring substances?This would depend on the facts of the case. For example, the use of detergents (which are slippery substances) by road contractors to clean up an accident site or chemical spill may be a "reasonable excuse".
- What about noisy vehicles?
- The existing legislation regarding noisy vehicles will continue to apply. If any vehicle's exhaust is considered to be louder than the original exhaust that was fitted by the manufacturers, the vehicle can be given a "green sticker". Vehicles that are given a "green sticker" must apply for a new Warrant of Fitness. The new warrant can only be issued by an approved vehicle testing station run by the NZAA, On Road NZ, Vehicle Testing NZ, or Vehicle Inspection NZ. These agencies are listed in local telephone books.
For further information read Noisy exhausts and the warrant of fitness inspection from the New Zealand Transport Agency
评论
严打非法聚会深夜飚车
车车有得Fun 提供一个车友的平台，让爱车之人可以互相帮忙。
近期有同学罔顾生命可贵，公言发帖相约夜深去Piha 山路飚车。
以前都是发帖说兜风看星星，但经过几次严重意外，
有必要严打 在Skykiwi 车车有得Fun 发帖相约非法飚车聚会。
试想想，出事的车主/乘客的父母知道了，來到NZ看自己孩子，问怎么认识非法飚车的朋友。回答：SKYKIWI.
试想想，出事后警察來了，"你们是怎么认识的？” 回答：FROM SKYKIWI.
希望各同学 朋友 发表意见，若有发现非法飚车聚会，应立即报警。
可能你会被骂，也有可能你救了人家孩子，谢谢。
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多看看，可能我们会更注意一点。
第一次非法飚车，可能停牌六个月，最高罚$4500, 坐牢三个月！
若该次非法飚车中有人受伤，甚至身亡
可能停牌一年，最高罚$20000, 坐牢五年！
第二次非法飚车，更直接把车没收~！
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谢谢九哥的忠告！！！！！
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我们每次看到有人飙车都报警的
我们纯属看星星好像没撞车过唉~
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支持！反对非法飙车！
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从来不飙车 都是慢慢开 总是卡着别人
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严重事故？我们是看星，没有事故。九哥说的＂公言发帖相约夜深去Piha 山路飚车。＂是在说我吗？我没有说去飙车吧。
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支持！珍惜生命！爱人爱己！踩油门前先想想你的家人和爱你的人们吧！
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我。。。去了2次都是下午去看海看日落的。。。
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各位不要把矛头指向九哥了，我写的打油诗九哥也删了，说到底九哥毕竟也不是话事人，上头有令九哥也只能执行啊
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反对公路飚车，自己不要命不要紧，不要伤害无辜。要飚就到九哥的赛道去。
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支持一个也冒个泡
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从来不去PIHA的飘过.............
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两三年没发帖了。听说最近版里很热闹
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这样就好呀。
你没这么大影响啦，绝对跟你无关。
我去了很多次，都是BBQ的。
贴中我写过不少东西呢，你的诗我还有JAM过呢。。。
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强烈要求中文翻譯boy's racer act!!!
piha我都只去吃火鍋和BBQ的. LOL
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对上一次吃火鍋和BBQ，还不是和你呢。。。。
你要我翻译吗？我只能送上Google Translate 链接 http://translate.google.com/
基本上我把重点写了出来：
第一次非法飚车，可能停牌六个月，最高罚$4500, 坐牢三个月！
若该次非法飚车中有人受伤，甚至身亡
可能停牌一年，最高罚$20000, 坐牢五年！
第二次非法飚车，更直接把车没收~！
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英文不好,看到一大頁"雞腸"有點怕 LOL
重點就是亮點了.九哥都是為大家好.要注意啊~!
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LOL 新野喎！ 咁x多英文。十個有十一個都唔會睇！ 我就係其中嘅一個wahahaha
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強力支持 !!! 街上飆車不會有人覺得你帥~ 只會有人覺得你煩~ 愛人愛己~
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记得有次去看星星 车队都是正常开的 偶尔有些慢
估计后面有的哥们忍不了了吧 从反道呼啸而过
记得有GTR EVO
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{:8_489:}
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支持9哥!!!
要玩, 就去賽道玩
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piha是看海景好去处
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生命只有一次
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極度鄙視非法飆車的！要真有技術的話就下賽道去，不要罔顧他人生命安全，要出事了丫撞死自己是小事，嚇到別人了、撞到動物了、或者撞毀了路邊的樹或者建築物才是大事啊，非法飆車那個是該死，其他被拖累的都是無辜的。
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这个情况是介这样的滴.......................
1. 非法飚车要Prove你们非法飚车，如何prove？速度。 2个车在一起相互超速，你争我赶，这叫飚车。
如果只是一群朋友开着改装车，出去巡游，被举报聚众飚车，是boy racer，就是被警察拦下来，也没有什么，只要改装没有超标。驾照齐全，wof rego 都有，没有超速，警察也管不了什么的。
但是一般比较难搞的是，改装的尺度，很多人都说我有车行的certificate 这些改装都是certified, 这个确实不然.......因为如果真正让你拿去AA类似的车检所过WOF，是很难通过的。
所以说，到也不用特别担心大家一起出来聚聚玩玩，但是别超速，别犯彪,,,,,,,, 警察管不了什么
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你可能有误会了，改装车需要的是LVV Cert.
有LVV Cert 之后，去AA, VTNZ 过WOF 也会查一般WOF 要检查的事宜。
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只能买1.3的车了。。。