A clamp-down on dangerous driving that could see impounded vehicles crushed before an alleged offender is found guilty has been slammed by the Law Society of South Australia, which said it would have "disastrous consequences" for low-income families.
Police Minister Vincent Tarzia last month brought in new rules starting July 1 that required alleged dangerous drivers to pay up to $1,395.50 to release their impounded car or it could be destroyed or sold after 38 days.
On Thursday, he drove his hard-line approach further by removing the option for motorists to use a payment plan to release their car.
Law Society of SA President Rebecca Sandford said fees should not be payable until somebody is convicted of an offence.
"The removal of a payment plan will only serve to entrench poverty while barely troubling offending drivers who have the funds to pay the fine upfront," she said.
"The flow-on effects for a motorist who loses their car because they can't summon $1,135.50 within four weeks can be disastrous, especially for a low-income earner who relies on their car for work, including to earn money to pay the fine, or family duties.
Not just hoon drivers
Ms Sandford pointed out the car forfeiture regime applied to 23 different driving offences, including several that did not relate to hoon or dangerous driving.
"These included driving unregistered, driving uninsured, marking graffiti and emitting excessive noise from a vehicle," she said.
"Of course these offences should be subject to appropriate penalties, but this new regime applies disproportionately severe punishments to a range of different driving behaviours."
Other offences include dangerous driving, drink and drug driving, driving without a licence, speeding, leaving the scene of an accident, failing to obey police or misuse of a motor vehicle.
Released on hardship grounds
A spokesperson for Mr Tarzia said drivers of an impounded vehicle could apply to have it returned on hardship grounds under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.
The Act states it could be released if the Police Commissioner was satisfied the continued clamping of a vehicle "would cause severe financial or physical hardship to a person other than the alleged offender or a person who was knowingly involved in, or who aided or abetted, the commission of the offence".
The key word, however, is 'alleged offender', with Mr Tarzia's arrangements allowing a car to be destroyed or sold before a person who cannot pay for its release is found guilty or otherwise.
"This means that, for example, a person's vehicle could be crushed even though the charge against them is later discontinued," Ms Sandford said.
She said the "extremely short" timeframe created a risk the car could be crushed well before the judicial process has concluded, "and even potentially before it has commenced".
Driving is a 'privilege'
Mr Tarzia did not answer the ABC's questions about whether the government would purchase a new car for such a person ultimately found innocent of any offence.
"Those who follow the road rules will not be impacted," he said.
"Driving is a privilege, not a right.
He said the new penalties for impounded vehicles were intended to "deter irresponsible drivers and improve road safety".
The government also introduced new laws in May that would see drivers facing jail for excessive speeding for the first time in SA.
Opposition support
Opposition police spokesperson Lee Oldenwalder said it was the former Labor government that changed the law to allow police to seize and crush hoon drivers' vehicles in the first place.
Until now, however, they could be released after 28 days without the $1,135.50 fee imposed by the current government.
"Labor is unapologetically tough on hoon driving," Mr Oldenwalder said.
"Hoon driving is stupid, dangerous, reckless and puts all road users at risk of serious injury and death.
"If hoons don't want their cars crushed, the answer is simple, drive to the law."
