Can you "Intentionally lose control"?

[R1Geezer]

Surely if it''s intentional then it's still under control!
http://news.bbc.co.uk..._pacific/10143347.stm
Is this a bit of an over reaction? I mean this sort of thing goes on every night among the yoof and their souped up Citroen AX's

[andy-hughes]

I think the expression covers the legal term for the offence.

If you are being literal - and legal terms are - then being 'in control' means driving your vehcile in a way in which you can reasoanboly predict its behaviour, and compensate appropriately.

If you start completing this kind of infantile and dangerous manouvre, then you are intentionally out of control of your vehicle because you have caused it to behave in a way which you cannot predict and act upon.

Yes it does go on every night - so do after-closing punch ups, and they are not big or clever either, and they are illegal - as this is.

Hamilton should know better - and whether he chooses to be or not, he is seen as a role model, and that carries a degree of responsibility in his behavioue in public.

In view of the millions he earns, it's not much to ask that he behaves like a mature adult in his spare time is it? Hopefully the law will act accordingly.

[jno]

if you take your hands off the wheel then it's intentional but you've still lost control.

Andy, Hamilton is 25. As I understand it, British males are not expected to behave like mature adults before they're 40. I'd prefer it to be much earlier myself (and am happy to say jno jnr has been a responsible person since he was 20), but I think - seriously - that Hamilton's not behaved that differently from others his age. His income doesn't make any difference.

[Gromit]

It was a stupid thing to do on a public road as Hamilton admits. But he did this stunt to entertain Australian Grand Prix fans. No one was hurt, it will be a trick he has done many times before inside the race circuit. Bikers do 360 tyre burns outside my local Bikers' pub every weekend and no one seems particularly bothered by it .

The Aussie Authorities seem to have had a sense of humour by-pass, and their reaction appears rather harsh.

[ABerrant]

You need to take into account that the law in Melbourne is not exactly the same as the law Brits are used to (and used to ignoring) when they drive.

Legislation enacted by all the states of Australia makes it a specific offence to drive a car in the manner described and whether it is Lewis Hamilton or the yoofs in their souped up Citroen AXs committing the offence they are all subject to the same penalties.

The State of Victoria Road Safety Act 1986 (as amended) codifies it thus:

65A. Improper use of motor vehicle
(1) A person must not drive a motor vehicle in a manner which causes the motor
vehicle to undergo loss of traction by one or more of the motor vehicle's
wheels.
Penalty: 5 penalty units.

(2) In a proceeding for an offence against subsection (1) it is a defence to
the charge for the accused to prove that he or she had not intentionally
caused the alleged loss of traction.

http://www.austlii.ed.../rsa1986125/s65a.html

Aussies are routinely prosecuted for this and receive their fine (currently 5 penalty units = AU$584.10), licence demerit points and the recently introduced sanction of vehicle seizure...

http://www.austlii.ed.../rsa1986125/s84g.html

[youngmafbog]

It perhaps could be argued that he did have the car under control. Most of us no, but an F1 driver quite possibly.
I found it an odd charge.

[ABerrant]

There is no such offence as "intentionally losing control" in the Road Safety Act 1986, however since this is the phrase used by the news agency that released the story and subsequently picked up by the rest of the world's media this is the erroneous phrase that inhabits every report.

Lewis Hamilton's "burnout" leaves him open to charges of Dangerous Driving, Careless Driving or Improper Use of a Motor Vehicle. It is this last charge which is the easiest to prosecute because he has no legal defence against "intentionally losing traction."

[joeluke]

Why should Hamilton driving like a nob on a public road be treated differently to us ordinary folk?

[ABerrant]

Update:
~~~~~~

Lewis Hamilton pleaded guilty by letter to the charge of improper use of a motor vehicle (because of intentional loss of traction) and received the AU$500 fine.

http://news.com.au/he...27603058-2862,00.html