Think hooning is just a bit of harmless fun? Think again. In NSW, hooning can ruin your life. You could lose your licence, have your car seized, face thousands of dollars in fines, and even end up behind bars. Don’t risk it; this article explains everything you need to know about NSW hooning laws and the devastating consequences.
What Constitutes Hooning in NSW?
Hoon offences, also referred to as “hooning,” are when you drive in a reckless or dangerous manner. Most of the time, hoon offences have harsh punishments. In New South Wales (NSW), you can have your licence suspended right away.
The following acts are considered as hoon offences:
- speed racing (also known as street racing)
- doing burnouts or doughnuts
- drag racing
- driving at dangerous speeds
- being involved in a police pursuit.
Speed Racing
If you are found speeding or racing on the street, the highest fine that the court will impose on your first offence is AUD 3300. If this is your second or third offence, you might be sentenced to nine months in jail and a AUD 3300 fine. In addition, if you are found guilty, you will be barred from public office for a year.
The term “street racing” or “speed racing” describes the planning, advertising, or participation in an unlicenced car race on an NSW road.
Illegal street racing and speeding behaviours include:
- a race on a NSW road involving two or more cars
- any automobile speed trial conducted on an NSW road.
- any competitive event intended to evaluate a car or driver’s abilities on an NSW road.
- planning, encouraging, or engaging in any of the aforementioned actions.
Drag Racing and Aggravated Burnouts
Like speed racing, the maximum sum of money a court can fine you for a drag racing or burnout offence is AUD 3300 for a first offence. If this is your second or third offence, you might be sentenced to nine months in jail and a $3300 fine. In addition, if you are found guilty, you will also be barred from public office for a year.
Drag racing and aggravated burnouts occur when a driver purposefully manoeuvres their car to continuously lose traction. For instance, if a motorist speeds too quickly, the wheels may spin, and the tires may become unstickable.
Drivers who do drag racing and aggravated burnouts:
- Willfully drives a car on a road that has been intentionally coated with gasoline, oil, or other combustible liquid in order to reduce traction.
- Maintains control of a car that has lost traction
- Takes part in any drag racing or burnout-related group activities.
- Endorses, captures, or films drag racing or burnout behaviours in order to stimulate involvement in the events.
Police Pursuits
The maximum sentence for a first offence is three years in prison and three years of disqualification. The maximum punishment for a second or subsequent crime is five years in prison and a five-year suspension from the law.
When you intentionally drive a car recklessly or quickly and refuse to stop when the police ask you to, it’s known as a police pursuit. Participating in a police pursuit is a criminal crime with harsh consequences. The following are examples of police pursuits:
- failing to stop your car when the police have signalling you to
- operating the car carelessly and putting other local drivers at danger.
Dangerous Speeding
You are breaking anti Hooning laws if you drive faster than the posted speed limit. Driving too fast raises both the possibility of crashing and the potential severity of the crash. The faster you go:
- your car’s stopping distance rises.
- the effect of a collision is more severe; and
- there is a higher chance of dying or suffering severe injuries.
Depending on how serious the infraction is, different speeding violations have different punishments. Penalties might include jail time, licence suspension, demerit points, and fines. When you go over the speed limit on an NSW road by more than 45 km/h, it is deemed a hoon violation.
In addition, you can face charges for both a hoon violation and a serious speeding offence. The highest fine given by a court for exceeding 45 km/h in a light car is $3300. The cost of a heavy truck is $5,500. In the event of a conviction, there will also be a six-month disqualification period.
Additional Consequences for Hooning Offences
Other than the obligation to pay the fine and jail time, there are additional consequences for hooning offences:
- Immediate licence suspension. When the police pull you over for a hoon crime, they may immediately suspend your driver’s licence. This means you cannot drive until the court resolves your case. The court’s ruling will determine the duration of your licence suspension.
- Vehicle sanction. You can be subject to a motor vehicle sanction if you commit a hoon crime. This implies that the police might impound your car or seize your licence plates for a period of time. NSW Police have the authority to impound a car if it is registered to a business. When they pull you over, they have the right to impose a vehicle sanction right away at the roadside.You must return your car’s number plates to the property location indicated on the immobilisation notification after the immobilisation period has ended. It is required that you present documentation attesting to your ownership of the immobilised vehicle or grant permission in writing for someone else to pick up the licence plates on your behalf.
How to Report Hooning Offences?
If you want to report a hoon offence, follow the steps below:
- Make an anonymous report to Crime Stoppers NSW.
- Input your contact details in the online form.
- Enter the details of the parties involved. This section will require you to describe the physical attributes of the parties.
- Enter the details of the vehicles involved (e.g. vehicle registration number, color, model, etc.).
- Answer other required questions.
- Submit the form.
If you’re a victim of a hooning offence, make a report to the NSW Police Force Community Portal or call Police Assistance Line on 131 444.
A Traffic Offence Lawyer Can Help You
NSW takes hooning and other traffic offences incredibly seriously. You’re not just facing a fine – licence disqualification, vehicle confiscation, and potential jail time are on the table. A skilled lawyer from JB Solicitors can help mitigate these consequences and potentially save your driving privileges.
Moreover, experienced traffic lawyers have established relationships with prosecutors and can often negotiate reduced charges or more favourable plea agreements. This could be the difference between a suspended licence and a hefty fine.
Contact us today and schedule a quick consultation.
