It is considered an offence to organise, promote or take part in racing vehicles on a public road. The law has a quite a broad definition of street racing including the following aspects:

  • Attempts to break a vehicle speed record on a road
  • A race between vehicles on a road
  • Any trial of a vehicle on a road
  • Any competitive trial designed to test the skill of a driver or the reliability or condition of any vehicle on the road
  • The organising, promoting or taking part in any of the above

When charged with street racing, the driver has an option of either pleading “guilty” and seeking leniency in sentencing, or pleading “not guilty” and defending their allegations. Due to the seriousness of this offence, it can only be dealt with as a charge before the court, rather than with  an infringement notice. Furthermore, police have discretion to suspend the driver upon being charged of street racing, again as a result of the seriousness of this offence.

Legislation

s115 Road Transport Act 2013 (NSW)

Penalties

Type of Penalty  First Offence  Second or Subsequent Offence
Maximum court imposed fine $3,300  $3,300
 Maximum imprisonment term  9 months
Automatic disqualification period 12 months 12 months
Other penalties Owner of vehicle: vehicle may be clamped and impounded for up to 3 months

 

Not the owner of vehicle: court may issue a “suspension warning notice”

Owner of vehicle: vehicle may be forfeited to the government and sold, or used for crash testing

 

Not the owner of the vehicle: vehicle’s registration may be suspended for up to 3 months

 

If you are facing charges regarding the promoting, organising or participation in street racing, please do not hesitate to contact us to seek  professional legal advice from our experienced defense lawyers.

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