One of the most controversial and misunderstood offences in the Anti-Hoon Legislation, recently passed in Qld, is the;
Type 2 Offence - Driving an Illegally Modified Vehicle.

THE GOOD NEWS! We have received a letter from the Police Minister, Jack Dempsey, that has confirmed the issuing of a defect notice alone will NOT qualify as a Type 2 offence, therefore it will NOT trigger the vehicle impoundment legislation.

This is fantastic news for our community, and we hope this will help to alleviate some of the fear that has developed regarding having your vehicle impounded because of illegal modifications.

Direct quote from the Minister’s letter :-

"Regarding your concern about defected vehicles being affected by the impoundment provisions, I am advised that it is a Type 2 vehicle-related offence to drive a motor vehicle on a road if a defect notice has been issued for that vehicle and under that notice, the motor vehicle must be inspected by an authorised office to ensure it complies with the applicable legislative standards before it can be driven on a road again.
Therefore your interpretation of the provisions are correct, the issue of a defect notice alone will not qualify as a Type 2 offence, however, continuing to drive that defected vehicle on a Queensland Road will be considered a Type 2 offence and will trigger the vehicle impoundment legislation."

The ACMC have written back to the Police Minister asking for his assurance that this information is passed onto the Queensland Police Service and to the Departments that have previously advised otherwise, to ensure that the intention of the legislation is clear. As we know the intention and the way it can be enforced can be two different things, and considering there has already been different interpretations, it is crucial we get this assurance in writing.

The ACMC are also seeking further information regarding the issuing of defects notice, and what guidelines there are for issuing different type of defects and the time frame given to fix that defect and have it inspected. Knowledge is power, and we need to get these intentions in writing to ensure we know our rights as drivers of modified vehicles.