Street racing and ‘hoon’ offences – drag racing, burnouts
Street racing is prohibited on NSW roads. Under section 115 of the Road Transport Act 2019 (NSW), street racing refers to conduct involving:
To be held guilty of the street racing offence, the prosecution must prove beyond reasonable doubt that a person organised, promoted, or took part in:
The consequences of street racing include:
Court imposed penalties
Under section 115 of the Road Transport Act 2013, the maximum penalty is 30 penalty units, in the case of a first offence, or 30 penalty units and/or imprisonment for 9 months, in the case of a second or subsequent offence. One penalty unit is currently equal to $110 (s 17 Crimes (Sentencing Procedure) Act 1992 (NSW). Therefore, the maximum penalty is $3,300.00. An offender who is convicted against this section will be disqualified from driving for twelve (12) months.
Under section 116 of the Road Transport Act 2013, the maximum penalty for an aggravated burnout offence is $3,300 for a first offence and $3,300.00 and/or nine (9) months imprisonment for a second or subsequent offence. An offender who is convicted against this section will be disqualified from driving for twelve (12) months.
Motor vehicle sanctions
Police have the power to confiscate the car of the offender, confiscate the vehicle’s number plate and provide the offender with a notice requiring that the vehicle be produced at a certain place after ten (10) days. In the event that the vehicle is not produced, a court may impose a penalty of $3,300.00 and the RMS can suspend the vehicle’s registration for three (3) months.
Immediate licence suspension
A person, other than the offender having been charged with a street racing or burnout office, may have their licence immediately suspended, following their involvement in the offender engaging in the offence, for example, if the person organised, promoted, to took part the offence such as through photographing or filing the activity. Such person may face the same consequences – they may be convicted and face the same penalties.
Crash testing by Roads and Maritime
For repeat offenders, the car may be forfeited to the Crown and may be sold or released to RMS for crashing testing. The money collected from selling the vehicle are used to recover any storage costs. Further, such vehicles may be displayed in RMS presentation as education for young drivers.
If you have been charged, contact us for assistance.