Police resume crushing hoon cars | video

Hoon drivers in South Australia will lose their most prized possession - their car - with car crushing resuming this week in a bid to put dangerous and recidivist offenders on notice.

Three cars were publicly crushed yesterday after the Full Court of the Supreme Court upheld a State Government appeal against a legal finding that its anti-hoon driving laws were unconstitutional.

The successful appeal overturned a decision allowing drivers to seek compensation for crushed and impounded cars. Attorney-General John Rau said idiots enraging the general public risked having their cars crushed. "Not only will you be prosecuted for your offence, but the vehicle is going to wind up (crushed)," he said.

In a unanimous decision last month, the state's highest court reinstated forfeiture orders on Port Pirie man Graeme Bell's $5000 ute following his third drink-driving conviction in a decade.

In October last year, Mr Bell filed a Supreme Court challenge against the enforced forfeiture of his ute. Mr Rau said the State Government was concerned when Mr Bell's appeal was granted by Supreme Court Chief Justice Chris Kourakis, who found the Act removed the judiciary's constitutional independence.

"We are very relieved that the Full Court has dealt with the matter in a satisfactory way that means SAPOL can process the impounded vehicles in the way that they wish," he said. "Hopefully this deterrent, which shouldn't be necessary quite frankly, but unfortunately is, will have some effect on people's behaviour."

Under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act (2007) ,drivers who commit offences such as drink-driving and excessive speeding twice in 12 months, or three times in 10 years, forfeit their vehicles.

Police Minister Michael O'Brien said car crushing was not just a PR stunt. "We do crush to send a message - this in part is symbolic to send a very strong message to hoon drivers that confiscation does occur and the worst consequence is the crusher," he said.

"We have something like 400 motor vehicles now waiting in the wings for a decision to be made on confiscation and potentially crushing. For some individuals to see their beloved vehicle, over which they have lavished much money and many hours, crushed into a cube sends a very strong message."

Mr O'Brien said a decision on whether to sell a car or crush it was made on the salvageable value of the vehicle and whether it was still roadworthy. Police statistics show almost 8000 vehicles were clamped or impounded, 26 sold, 178 destroyed and six publicly crushed during the 2011-12 financial year. In total, 11 vehicles have now been publicly crushed.

Police Assistant Commissioner Linda Williams said the possibility of hoons losing their cars had an effect on driver behaviour. "Not only will we take repeat, serious drivers off our roads, but we will actually take their cars and we will either sell them or crush them," she said.

"We are sending a very clear message that their driving behaviour is not tolerable and that this is one strong strategy of deterrence."

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