Damon Locantro has made a name for himself on the Sunshine Coast defending people charged with breaking the law. His practice, Locantro Lawyers, specialises in criminal defence but also offers services to those facing action by a government department. Damon has 15 years experience in criminal law and was formerly a NSW prosecutor and member of the NSW Police Service. Is it fair for police to seize cars?
| Damon Locantro
When the law was introduced allowing police to seize the vehicles of repeat driving offenders, and apply for them to lose their cars altogether, I was worried about how it would be applied.
It didn’t take long for the cause of my worries to be realised.
The police have applied for the forfeiture of a vehicle that a repeat offender was driving but which was not his car.
The offender committed a series of offences in different cars.
My client is the owner of the last car in which an offence was committed. His $15,000 vehicle was under finance, and he now needs to fight the forfeiture because he lent it to the offender without being aware he had a history of offences.
I believe the action is unfair and an abuse of the power given to police. If the law is said to be punishing an offender, where is the punishment if it is not the offender’s car that is under threat?
The trouble with these powers is that they are given without adequate training and guidelines in respect to their enforcement, and that means there is a risk they will be applied unfairly.
This case will be defended but at significant cost to my client which may not be recovered.
If we are going to have a law for a particular purpose, let’s make sure that it is fairly enforced.
What do you think of the law allowing police to seize the vehicles of repeat driving offenders?
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Recent Comments
He obviously didn't know the person he lent the car to very well then, did he? And now, because of his own blind trust and stupidity he has lost his car. The way I see it, it's your clients vehicle, he is responsible for it, and lent it to someone whose offence history he wasn't aware of, he should deal with the consequences. He wants his money back, he should sue the person that borrowed his car.
Any sensible person would never lend their car to anyone, except those they implicitly trusted (such as family). Was the offender even insured or registered to drive the vehicle? What if he had had an accident? Would he have been covered? Did he have a current and valid driving license? You say he has multiple prior offences under his belt, what are they?
You don't just lend your car to any tom, dick or harry! Get some common sense people!
@jdt1986
As to the owner of the car knowing if the driver had driving infingements that would put his car at risk of forfeit I would put it to you that most people wouldn't know when or if their own brother or sister had recieved a traffic notice.
The lose of ones property as a result without reasonable recourse to regain it is unfair in the extreme.
107 Defence
In a proceeding for an impounding order or a forfeiture order in relation to an impounded motor vehicle, it is a defence for an owner of the motor vehicle to prove that the prescribed offence happened without the knowledge and consent of the owner.
Further, there is protection for the owner under Section 123 of the same Act to apply for the motor vehicle to be given back to the owner or its value reimbursed.
Your own article indicates that the offender actually committed the offences which were the basis for the application. Perhaps owners of vehicles should be more wary and informed about the users of their vehicles.
Kenoath says above that most of us wouldnt be aware if our own brother or sisters had received traffic notices recently. But that's just plain stupidity and the onus must be on the lenders to make such offences known...otherwise they just leave themselves open to the consequences.
"But honestly, I didn't know...", it's the greatest copout since "I dont remember" or "I did it because I was abused as a child/a drug addict/an alcoholic/Elvis made me do it".
Damon, Ill be sending you my bill for this research.
Your client has options to get his car back, but to be honest if he is stupid enough to lend his car to someone that he doesn't know well then he got what he deserved.
Why wait for them to offend again.If they are doing something really stupid that could endanger their,or other peoples lives or property,then no second chance--just take the vehicle.If they have stolen the vehicle-a jail sentence.