• GBU_28@lemm.ee
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    1 year ago

    I can’t get behind property seizure without compensation, but I can understand everything else.

    Even if they said “you can’t have this car any more, but can sell it from our facility” that’d be better I think

    • TDCN
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      1 year ago

      Normally me neither, bit in this context where you are driving so recklessly you are endangering everyone else and we are talking over double the speed limit I’ll allow it. Noone has any rights left when you are doing that kind of stuff deliberately.

      • JB@mastodon.sdf.org
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        1 year ago

        @TDCN @GBU_28 i’m genuinely missing how the state keeping the car versus giving it back to the leasing agency is a reasonable choice. Why does the owner of the car, if it is not the violator, get to get fucked by this?

        • TDCN
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          1 year ago

          As I wrote to someone else my reasoning is this. It puts the responsibility into the hands of the car owner. Just replace the word car with gun and it all sounds reasonable. If I just lend my gun to a friend who I only know very little or I have never seen hold a gun in his hand that would be very bad. Or if a company leases big guns that are super dangerous. Even if he has a license for guns. And if he shot someone or broke the law in other ways with the gun I’d only expect the gun to be confiscated regardless of who owns it.

          • JB@mastodon.sdf.org
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            1 year ago

            @nortix @TDCN @GBU_28 forcing the owner to deal with the court system, and to be without a car for however long this takes seems extremely unfair to me. And potentially seriously damaging, if they rely on their car for something. Punish the fuck out of the perpetrator, but if it is not their car you don’t get to take it away from the person who owns it.

        • IIVQ@mapstodon.space
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          1 year ago

          @jbsegal @TDCN @GBU_28 There are a lot of leasing agencies (small backalley operations) that exist for exactly this cause: leasing cars to speeders and criminals, so they don’t own anything that can be confiscated. This law will stop those businesses.
          Bona Fide leasing agencies will just have contract clauses with an employer as a warrantee against the cost of a car when someone drives reckless, or speed limiters installed.
          Why would anyone need a car that can do 100km/h over the speed limit?

          • JB@mastodon.sdf.org
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            1 year ago

            @jamesjm @TDCN @GBU_28 this presumes a: the perpetrator has compensation they can pay to the car owner, B: that the car owner can deal without the car, or without the compensation, for the length of time it takes to get the lawsuit processed and paid out. This is not fair to the owner. Punish the fuck out of the perpetrator, sure. Don’t fuck the car owner.

            • RevK :verified_r:@toot.me.uk
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              1 year ago

              @GBU_28 @TDCN @jbsegal @antipode77 just to check. Are you saying it should be valid to impose legal penalty on innocent companies because they are not human? (That is before considering whether the owners and employees of companies that may suffer from a penalty have “human rights”).

              • antipode77@mastodon.nl
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                1 year ago

                @revk @GBU_28 @TDCN @jbsegal

                A company is not able to be guilty or innocent.

                A company is a legal construct consisting of a group of humans taking decisions on behalf of a collective we call a company.

                As such the decision makers are in the end guilty or innocent. Therefore they are the ones the law must hold accountable for what the company did or did not do.

                When guilty these persons must go to prison or pay significant fines.
                The company itself must be fined for the damage they did.

            • JB@mastodon.sdf.org
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              1 year ago

              @antipode77 @revk @TDCN @GBU_28 Does the accused’s elderly parent, who doesn’t know what they get up to, but who needs the car for some reason or another have any? If, after due process it can be shown that they reasonably SHOULD’VE known? Ok, maybe. Before that? Nope.

      • AGTMADCAT :verified:@infosec.exchange
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        1 year ago

        @TDCN @GBU_28 In a country like Denmark where it’s unlikely that having a car vs. not is the difference between living indoors and dying on the street I can see this working okay. I don’t think it would translate well to a country like the US where as well as killing the poor generally it would also be heavily exploited by the police to kill minorities.

        I hope in Denmark there’s a very high standard of evidence which the police have to present so they can’t just lie about the speeds they observe?

    • threedaymonk@discuss.tchncs.de
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      1 year ago

      In effect, is it really that different to a fine? It seems to have a couple of advantages, though: it’s easier to collect, and it’s proportional, so a person who can afford a fancy luxury car pays more than someone in an old banger, without the complexity of having to evaluate their income and savings.

      • TDCN
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        1 year ago

        This is exactly the reason they are doing it. Proportional to income and the car is completely and physically removed from the road. There was a big issue here where the offender would just drive without license or the car was leased or borrowed so there was no real penalty. Now the leasing company would have to take responsibility for leasing fancy supercars to anyone and everyone and people lending their car to a known drunk or fast driver would definitely think twice.

        • Jeppe Øland@sfba.social
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          1 year ago

          @TDCN

          That part is all good. The problem is they don’t care whose car it is. If I was to borrow your car, and then break this law, then YOU are out a car. Yes, you can try and get the money back from me, but that might take a decade if I don’t have money to replace your car.
          If you ask me, that’s crazy.

          • TDCN
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            1 year ago

            Well I agree it might be a bit crazy, but I also must admit that I like the law because it works and it makes it such that I don’t want to lend my car out to anyone unless I know for sure how they drive by driving with them a few times. It puts the responsibility into the hands of the car owner. Just replace the word car with gun and it all sounds reasonable. If I just lend my gun to a friend who I only know very little or I have never seen hold a gun in his hand that would be very bad. Even if he has a license for guns. And if he shot someone or broke the law in other ways with the gun I’d only expect the gun to be confiscated regardless of who owns it.

            • Alfred M. Szmidt@mastodon.social
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              1 year ago

              @TDCN @joland replacing car with gun or riffle makes it even more absurd. You saying that if I lend a riffle to someone on a hunt, I should bear the consequences for their actions if they miss and hit something? Thankfully the law in rest of Scandinavia isn’t as insane…

              • TDCN
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                1 year ago

                There’s a significant difference between an accident and deliberately being wrekless

                • Alfred M. Szmidt@mastodon.social
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                  1 year ago

                  @TDCN There is nothing about being “wreckless” when borrowing something to someone else. If person has a valid driving license that is all that matters. We ain’t even taking about lending a car to a obviously drunk idiot which is punishable.

                  • TDCN
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                    1 year ago

                    But the law will definitely make me think twice before lending my car to anyone.

            • Sheean Spoel@hachyderm.io
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              1 year ago

              @TDCN @joland here in the Netherlands the fine for a traffic violation is already up to the owner to sort out. They don’t give AF who drove the car. Your car. Your responsibility. Your problem.

          • NiceMicro@fosstodon.org
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            1 year ago

            @joland @TDCN yeah but if you borrow your car to someone they could also just total it in an accident and die, and in that case they also won’t be able to give it back to you and you definitely won’t get paid for the car.

            This is just one more reason to not borrow your car to people you don’t trust 100%.

              • Magnus H. Gottlieb@mastodon.social
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                1 year ago

                @sldrant @TDCN @threedaymonk as a Dane, I like the law. Most debate in Denmark has been revolving about all the “what if?” cases. What if it’s a loaned car? Or leased?

                Personally I think it’s great that responsibility is also on the owner. If you lend your car to a reckless driver, you always risk losing it. Either because he crashes, or now, because it’s confiscated. So make your own precautions.

                • ggmartin@mastodon.social
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                  1 year ago

                  @mhgottlieb @sldrant @TDCN @threedaymonk As a Canadian who lives in Denmark, I also like the law. If you engage in reckless endangerment of other person’s lives, you should lose your favourite playtoy. If you walk around downtown swinging a machete over your head, and then you hop in your car and drive away at 200 km/h, you should lose the machete and the car.

                  An argument over whether the machete was borrowed or not are exceptions that can be dealt with in court.

                  • ggmartin@mastodon.social
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                    1 year ago

                    @mhgottlieb @sldrant @TDCN @threedaymonk It would, however, be nice if the car companies could align with the expectations of the speed limits. On both of our cars, the minimum possible cruise control speed is 30 km/h. However, there are more than a couple of 20 km/h speed limits in the area.

                    I know that, of all the things I could complain about in life, this one is well down on the list. However, it’s also not a difficult problem to solve.

    • Morten Grøftehauge@sigmoid.social
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      1 year ago

      @GBU_28 @TDCN It’s a fine imposed on the vehicle owner.
      Tbh, I think this was instituted after the “fines proportional with income” because drug dealers had fast cars but no official income and were among the most likely to drive extremely recklessly. And they don’t necessarily officially own their own car.

      • GBU_28@lemm.ee
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        1 year ago

        Where did I say consequences shouldn’t exist? Massive ones?

        You have the reading comprehension of a child

    • rus@layer8.space
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      1 year ago

      @GBU_28 @TDCN this is basically an income adjusted fine for breaking the law in egregious ways. Are you also opposed to fines for other bad behavior?

      I also appreciate that it gets more people thinking about ways to move without a car. that is more doable in Denmark then in the US, but cars are dangerous, and if you put other at risk so casually I have little sympathy.

      • GBU_28@lemm.ee
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        1 year ago

        For the sake of conversation, let’s consider some other owned object. I’m grasping here but say you had your computer seized for anti government speech. (I know, not the same as endangering people with a car).

        It wouldn’t be right to lose a multi thousand dollar device simply because the government willed it. Certainly not without compensation.

        • rus@layer8.space
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          1 year ago

          @GBU_28 skip any example that doesn’t routinely involve the single biggest cause of child death in the US. There is no reason for a person to be exceeding the speed limit by double. That’s just gambling with others life and limb.

          I think a multi-thousand dollar, income adjusted fine should be the minimum in that case.

          • GBU_28@lemm.ee
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            1 year ago

            The point is I selected an example that had no relation to cars or driving, and no safety context.

            The point of the example was ownership, and dealings with the government.

            Critical thinking 101

            I made clear in earlier comments that I’m aware driving is a privilege and reckless driving is a serious crime

      • TDCN
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        1 year ago

        It also makes people think twice before lending their car to any random friend

    • BrianKrebs@infosec.exchange
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      1 year ago

      @GBU_28 @TDCN I can get behind a law like this in the states. Too many drunk drivers who kill have had close calls before and were able to get back in their cars and do it over and over. Auction the car and any $ from that should be deemed a fine.

      • jnbhlr@toot.bike
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        1 year ago

        @briankrebs @GBU_28 @TDCN in germany we had cases in front of the court where the truck driver killed f a second time and still got a punishment that was essentially telling him he didn’t do anything severly wrong.

      • hwyaden@toot.wales
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        1 year ago

        @briankrebs @GBU_28 @TDCN We finally got rid of civil forfeiture. Thank goodness. It was such a corrupting incentive to police forces. It works on the first case, and then it is just abused by municipalities to line everyone’s pocket.

    • Joe@mastodon.nz
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      1 year ago

      @GBU_28 @TDCN, really??
      You happily can endanger other people’s lives but can’t have your means to do so taken away?
      Same for CEOs of companies going bankrupt: you can take away others livelihood by your decisions but nobody can touch your hording.
      That sounds like rich person’s privilege syndrome!

      • GBU_28@lemm.ee
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        1 year ago

        My dude, I said take the car away! Fine them! Take the driving privileges! Just pay them for their property or allow them to sell it!

        Man you can’t hold more.thwn one thought at a time huh

      • GBU_28@lemm.ee
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        1 year ago

        Sorry I won’t budge on property rights.

        Driving is a privilege, and the government can absolutely bar you from using public services (roads) but ownership is a serious thing to me

    • @GBU_28
      We often have the discussion whether it is an instrument for murder.
      So going insanely fast, often within city limits, is considered in comparison to planned homocide.

      So why should they hand out the potential weapon, just because you missed someone?

      Furthermore we have issues of companies renting out overly powerful cars, so some tourists can go crazy on our autobahn in a Ferrari.
      IMHO this business model is insane and this is a valid way to stop it.

      Would love this in De.

      @TDCN

      • GBU_28@lemm.ee
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        1 year ago

        Totally agree, which I said in my comment.

        But owning property is owning it outright. You don’t own it at the whim of someone else.

        I in general do not agree with government seizure of property without compensation.

        I agree with losing your license, losing the privilege to drive and use public roads, etc.

      • GBU_28@lemm.ee
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        1 year ago

        Why are you @'ing everyone? You replied, we will see it.

        Leases are not ownership

    • Crisps@lemmy.world
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      1 year ago

      As long as it then goes swiftly through the court system to confirm this. Otherwise it is theft, like US asset forfeiture.

    • :thilo:@fromm.social
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      1 year ago

      @GBU_28 @TDCN Think of the car as a “dual use” item - i.e. you can use it as transport or to (potentially) get other people injured or killed.

      The law aims at the second (mis)use. Even though I’m a car-loving German I really second that part of the Danish law and I honestly wish we would have something similar.