Street Racing

In recent times there have been tough new measures introduced by the NSW government concerning street racing (drag racing) offences. Section 40(1) of the Road Transport (Safety and Traffic Management) Act 1999 defines what actions constitute a street race offence. This Section reads as follows:

1. A person must not organise, promote or take part in:

1. any race between vehicles on a road or road related area, or

2. any attempt to break any vehicle speed record on a road or road related area, or

3. any trial of the speed of a vehicle on a road or road related area, or

4. any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road or road related area, unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.

Penalties for Street Racing Offences

The court has the discretion to impose a number of penalties for a street racing charge under section 40 above MaxiSys Pro. It is important to note that even if you plead guilty (or are found guilty by the court) to the offence the court still has the discretion not to record a conviction against you and thus you will not be disqualified from driving for a further period. This is called a section 10 dismissal of the charge whereby you are found guilty but not convicted. The court will consider several factors in determining whether you are an appropriate candidate for a section 10 dismissal such as your driving record, your good character, your need for a licence and your early plea of guilty.

If you plead guilty (or are found guilty by the court) and the court does not allow for a section 10 dismissal of the charge they must at least impose the mandatory disqualification period which is 12 months. The court also has the discretion to impose fines Autel Maxidas DS808, a gaol term and community service orders.

As well as these penalties the Police have the power to confiscate your licence if you are charged with a street racing offence. The licence suspension remains in place until the charge is determined by the Court.

Impounding your Vehicle - Motor Vehicle Confiscation

The NSW Police have the power to confiscate the car of a driver who commits a street racing offence. New laws have been introduced giving the Police and Courts greater power in this regard.

Police now have the power to clamp a vehicle, or give the driver or registered owner of the vehicle a notice requiring that the vehicle be produced at a specified place within 10 days. If the vehicle is not produced there are severe penalties that can be imposed by the Court.

When a court finds a person guilty of a street racing offence, where the driver is also the registered owner of the vehicle the car can be clamped or impounded for up to 3 months for a first offence. For a second or subsequent offence the vehicle may be forfeited to the Government and may be sold or used for crash testing by the RTA. When a court finds a person guilty of a street racing offence, where the driver is not the registered owner of the vehicle, the RTA may issue a suspension warning notice. If the same vehicle or another vehicle registered in the same name is used in a second offence within 5 years of the notice, the registration of the vehicle used in the second offence can be suspended for 3 months.

If a third or subsequent offence is committed within 5 years of the notice, the vehicle used in the third or subsequent offence can be forfeited to the Government to be sold or used for crash testing by the RTA.

How can a Lawyer help?

Traffic lawyers have a wealth of experience and knowledge in this field of law. If you are pleading guilty to a street racing charge they are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes.

If you wish to defend the charge a lawyer can advise you of your chances of successfully defending the matter. There are aoften one ore more defences available in these cases and a traffic lawyer will carefully consider your case before advising you on your chances of successfully defending a street racing charge.

Traffic lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result.

Emmanuel Apokis has many years experience in Criminal Law working with the experienced Criminal Lawyers at Prime Lawyers Wollongong.

Related Links
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