Three months after a Porsche 993 was seized by police for travelling at 212 km/h on Helsingør motorway, the leasing company that owned the vehicle still isn’t sure if the car will be returned to them.
The vehicle was confiscated as part of a new law that came into effect March 31st, the day before the Porsche was seized.
The law allows police to seize vehicles in the event of particularly bad driving. If agreed to by a judge, police can permanently confiscate and auction off the vehicle to the benefit of the Danish treasury.
What is “crazy driving”?
Crazy driving (vanvidskørsel) includes manslaughter by negligence or causing significant injury by negligence. Vanvidskørsel also includes driving more than 100 percent above the speed limit if the speed limit is more than 100 km/h, driving more than 200 km/h regardless of speed limit, driving with a blood alcohol content above 2.0, and “particularly reckless driving.”
The law even applies to rented and leased vehicles, like the Porsche mentioned above, leased by Breinholt & Ree Leasing. In another instance, the police seized a car a man had borrowed from a family member when he was caught driving 100 km/h in a 50 km/h zone in Amager.
So if you’re on holiday in Denmark in a rental car, drive carefully or you could be left with no car and a huge bill from the very annoyed rental company.
How common is it for cars to be seized?
According to data from the national police, 237 vehicles have been seized in the three months since the law came into effect. Ninety-four of the vehicles were not being driven by the car’s owner at the time of seizure.
Is the whole decision up to the police?
After a car has been seized by police, it’s up to a judge to decide if the vehicle can be permanently confiscated. This comes down to whether the owner of the vehicle could know the driver might drive it in ways covered by this law.
Among other factors, the judge considers if the owner performed a background check on the customer.
The Danish Parliament granted leasing companies the ability to view customers’ tax information (if the customer provides consent), as well as previous instances of insane driving listed on the offender’s criminal record.
If it’s a rented or leased vehicle, who foots the bill?
Rental agencies and leasing companies may require customers to foot the bill of the vehicle, if they are responsible for its seizure. If the customer cannot or will not pay, it’s possible for the loss to be covered by the leasing company’s insurance.
Known as an F-declaration, the insurance company would pay the majority of the bill while the leasing company would chip in a small part. However, insurance companies have also baulked at the new law.
How are “crazy drivers” punished?
If the driver is in his or her own vehicle, the confiscation of the car is one form of punishment.
Penalties for the most serious offences have also been increased, including an unconditional revocation of the drivers’ license for a minimum of three years.
Is there any chance this law might be changed?
On January 14th, the European Court of Justice declared that governments cannot confiscate rented, borrowed or leased vehicles if the owner of the car “acted in good faith.”
The decision was upheld in March, which propelled Denmark’s Parliament to give leasing companies access to the tools they need to vet potential customers. However, the digital tools are not yet available three months after the law came into effect.
Denmark’s Transportation Ministry expects them to be ready this fall.