Hooning Charges in Queensland

If you have been charged with what police commonly call a hooning offence in Queensland, there can be two separate legal problems happening at the same time.

The first is the underlying traffic or criminal offence. Depending on the offence, it may be dealt with by an infringement notice or through the courts.

The second is what happens to the vehicle under Queensland's vehicle impoundment, immobilisation and forfeiture laws.

They run on different timelines and require different steps. An application to get the vehicle back early is made to the Queensland Police Service in the first instance. If that application is refused, the decision can be appealed to the Magistrates Court. It is not something the court automatically deals with as part of the underlying charge.

For a first Type 1 offence, police can impound or immobilise the vehicle for 90 days once you are charged. The 90-day period runs from when the vehicle is actually impounded or immobilised.

For a second or subsequent Type 1 offence within the relevant five-year period, the vehicle can be held until the proceedings finish. If you have previously been found guilty of a Type 1 offence within that period and are then found guilty of the current Type 1 offence, the vehicle can become the property of the State.

Call 1300 952 255. We will tell you what you are facing and what it costs, usually within the hour.

What counts as a hooning offence in Queensland

There is no offence actually called "hooning". The word is commonly used to describe a group of driving offences covered by Chapter 4 of the Police Powers and Responsibilities Act 2000.

What makes these offences different from ordinary traffic charges is that police may also have powers to impound or immobilise the vehicle and, for repeat offending, the vehicle may ultimately be forfeited to the State.

The offences are split into two types. Type 1 is the more serious group and can trigger a 90-day impoundment or immobilisation for a first offence. Type 2 is a broader group and generally only triggers vehicle action when there has been an earlier qualifying Type 2 offence.

Type 1 hooning offences

Type 1 offences include:

• Taking part in a race or speed trial on a road

• Burnouts or sustained loss of traction

• Evading police

• Dangerous operation of a vehicle where it involves a race, speed trial or burnout

• Careless driving where it involves a race, speed trial or burnout

• Wilfully starting or driving a vehicle so it makes unnecessary noise or smoke where the offence occurs in circumstances involving a race, speed trial or burnout

This last part matters and is widely misstated online.

Careless driving is not automatically a hooning offence. It becomes a Type 1 offence only where the careless driving occurred in circumstances involving a race, speed trial or burnout. An ordinary careless driving charge does not, by itself, put your car at risk of a 90-day hooning impoundment.

Type 2 hooning offences

Type 2 offences include:

• Driving unlicensed, including driving while suspended or disqualified

• Driving a vehicle that is both unregistered and uninsured

• High-range drink driving — a reading of 0.150 or higher

• Certain offences involving failing to provide a breath or blood specimen

• Driving during a 24-hour licence suspension

• Driving more than 40 km/h over the speed limit

• Certain prescribed defective or modified vehicle offences where a defect notice has been issued requiring the vehicle to be inspected

A first Type 2 offence does not ordinarily result in the vehicle being impounded under the repeat Type 2 regime. The impoundment and immobilisation consequences increase if further Type 2 offences occur within the relevant period.

How long will my car be impounded?

Type 1 offences

Type 2 offences

The legislation uses a "relevant period" of up to five years before the current impoundment or immobilisation.

An important distinction is that previous qualifying charges that have not yet been decided can count when police decide whether the current vehicle can be impounded. Permanent forfeiture has a higher threshold and requires the necessary previous and current findings of guilt.

It also does not need to be the same vehicle each time. The repeat-offence provisions look at the driver's history. If different vehicles were used for each offence, the vehicle involved in the current offence can still be at risk.

Impoundment generally means the vehicle is taken to a holding yard.

Immobilisation means the vehicle remains somewhere other than a holding yard but cannot lawfully be driven during the immobilisation period. This can involve confiscating the number plates or using an immobilising device.

When is a car forfeited?

For repeat Type 1 and Type 2 offences, there is an important difference between being charged and actually losing ownership of the vehicle.

For a second or subsequent Type 1 offence, the vehicle may be held until the proceedings finish if the repeat-offence requirements are met. For the vehicle to become State property under the forfeiture provisions, the driver must have previously been found guilty of a Type 1 offence within the relevant period and then be found guilty of the current second or subsequent Type 1 offence.

For a fourth or subsequent Type 2 offence, the vehicle may be held until the proceedings finish. For forfeiture, the driver must have been found guilty of three previous Type 2 offences within the relevant period and then be found guilty of the current fourth or subsequent Type 2 offence.

Once the statutory forfeiture requirements are met, the vehicle becomes the property of the State and can be sold or otherwise disposed of.

Three things people are often surprised by:

• The value of the car does not prevent forfeiture. The legislation does not contain an exemption simply because the vehicle is valuable.

• Having finance over the vehicle does not automatically protect it. Credit providers and registered security interests have separate rights under the legislation, but you may still remain responsible for outstanding debt or a shortfall under your finance agreement.

• It does not have to be your car. A vehicle owned by somebody else can still initially be impounded or immobilised because of the driver's conduct. However, an owner who did not consent to the offence being committed can apply for early release, and there are also protections available to qualifying third parties if a vehicle has been forfeited.

There is also a special rule if the driver fails to appear in court. If the vehicle is already being held until the end of proceedings for a second or subsequent Type 1 offence, or a fourth or subsequent Type 2 offence, and the court issues a warrant because the driver fails to appear in relation to that charge, the vehicle can be taken to have been forfeited to the State.

Can I get my car back early?

Yes, depending on the circumstances, but you have to apply. The early-release process is separate from dealing with the underlying offence.

The application goes to the Queensland Police Service in the first instance.

There are limited grounds on which a vehicle can be released early. They include:

• Refusing release would cause severe financial hardship to you or your family by depriving you of your means of earning a living

• Refusing release would cause severe physical hardship to you or your family

• The owner did not consent to the offence being committed

• For certain Type 2 offences, the problem has been rectified — for example, the relevant licensing or registration issue has been fixed

• There were no reasonable grounds to impound or immobilise the vehicle

The evidence matters. A severe financial hardship application is not simply an argument that losing the car will be expensive or inconvenient. The legislation requires the hardship to arise because refusing to release the vehicle would deprive the applicant of their means of earning a living.

Supporting evidence may include employment evidence, financial information, information about dependants, medical evidence, evidence about alternative transport and documents explaining exactly why the vehicle is needed.

The Queensland Police Service must, if reasonably practicable, decide the application within five business days after receiving the application and the required supporting material.

If the application is refused, you can appeal to the Magistrates Court.

Ordinarily, the notice of appeal must be filed within 28 days after you are given the information notice for the decision. The Magistrates Court has power to extend that time.

There is another important reason to get the first application right. An appeal is ordinarily decided on the evidence that was before the Queensland Police Service when it made its decision. The Magistrates Court can order that the appeal be heard afresh, in whole or in part, but you should not assume you will automatically be able to fix gaps in the evidence later.

Lodging an appeal also does not automatically stop the police decision from operating, although the Magistrates Court has power to order a stay.

If your vehicle is being held until the end of proceedings and is potentially liable to forfeiture, timing can be critical. Where the statutory forfeiture requirements are met, a finding of guilt on the underlying offence can cause the vehicle to become the property of the State. Once forfeiture has occurred, an early-release application can no longer be made.

What does impoundment cost?

The driver or owner will generally have to deal with towing and daily storage costs, and the relevant fees must ordinarily be paid before the vehicle will be released.

For a 90-day impoundment, those costs can be substantial because storage charges continue throughout the impoundment period.

If you are found not guilty of the offence for which the vehicle was impounded, or the proceeding is discontinued, the State is generally responsible for the relevant removal and storage costs.

It is also important to collect the vehicle when you become entitled to it. If the vehicle is not recovered within 30 days after the impoundment period ends, it can be treated as forfeited to the State and sold or otherwise disposed of.

Do I need a lawyer for a hooning charge?

For the underlying charge, it depends on the seriousness of the offence and what is at stake for your licence.

For getting the vehicle back, we would not recommend treating the police application as a simple form-filling exercise.

The application can require considerably more evidence than people expect — proof of employment, financial hardship, dependants, alternative transport, medical circumstances or why the owner did not consent to the offending.

This is particularly important because an appeal is normally decided on the evidence that was put before the Queensland Police Service in the first application. If the vehicle is potentially liable to forfeiture, there may also be limited time to deal with the release application and any appeal before the underlying offence is finalised.

Related charges

Many hooning matters involve another offence. See our pages on evading police, dangerous driving, careless driving, driving more than 40 km/h over the speed limit, unlicensed driving and drink driving.

Courts we appear in for hooning charges

We appear in 26 Magistrates Courts across Queensland, including Beenleigh, Brisbane, Caboolture, Caloundra, Gympie, Holland Park, Ipswich, Maroochydore, Noosa, Pine Rivers, Richlands, Southport, Toowoomba and Wynnum.

Our fees

We charge a fixed fee, quoted up front, before you commit to anything. No hourly billing and no travel charges — the fee is the same whether your matter is at Southport or Maroochydore.

Frequently asked questions

Can police impound my car on the spot for hooning?

Yes. For a first Type 1 offence, police can impound or immobilise the vehicle once you are charged. The 90-day period runs from when the vehicle is actually impounded or immobilised. Police do not need to wait for you to be found guilty before using the first-offence impoundment powers.

What if the car isn't mine?

It can still be impounded or immobilised. If you were driving somebody else's vehicle, that vehicle can be affected by the impoundment laws.

However, an owner who did not consent to the offence being committed can apply for early release of the vehicle. There are also protections available to qualifying third parties if a vehicle has already been forfeited.

Is careless driving a hooning offence?

Not automatically. Careless driving is a Type 1 offence under the hooning provisions where it is committed in circumstances involving a race, speed trial or burnout. An ordinary careless driving charge does not, by itself, trigger the Type 1 hooning regime.

How long do I have to appeal a refusal?

Ordinarily, you have 28 days after you are given the information notice for the police decision. The Magistrates Court can extend that period.

Will I lose my licence for a hooning charge?

That depends on the underlying offence rather than the vehicle impoundment itself. Some underlying offences, including evading police and dangerous operation of a vehicle, carry licence disqualification. We can tell you what applies to your particular charge.

Can I get the car back if I still owe money on it?

Having finance over the vehicle does not automatically prevent it from being impounded or forfeited. Credit providers have separate rights, and registered security interests are dealt with under the legislation.

If the vehicle has been impounded or immobilised, an early-release application may be available if one of the statutory grounds applies.

What happens if I don't turn up to court?

If your vehicle is already being held until the end of proceedings for a second or subsequent Type 1 offence, or a fourth or subsequent Type 2 offence, and the court issues a warrant because you fail to appear in relation to that charge, the vehicle can be taken to have been forfeited to the State.

Get advice today

You do not have long to act, particularly if your vehicle is being held until the end of proceedings and may ultimately be forfeited.

Call 1300 952 255, seven days a week, 7am to 7pm. We will tell you what you are facing, what can be done about the vehicle, and what it costs.

Written by Steven Brough, Founder and Principal, Clarity Law. Steven has practised in Queensland traffic law since 2001 and appears in Magistrates Courts across the state.

Last updated: 3 September 2026