The penalties and sanctions attached to street racing and other hoon related offences (i.e. aggravated burnout, exceed speed limit by more than 45 kilometres per hour and police pursuit) in New South Wales are serious.
The offence of street racing in New South Wales is contained in section 115 of the Road Transport Act 2013 (“the Act”), which provides:
A person must not organise, promote or take part in:
unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.
For a first-time offender, the maximum penalty is a fine of $3,300.00 and, for a subsequent offender, the maximum penalty is a fine of $3,300.00 and imprisonment for nine months.
In addition, upon conviction for the offence, the Court must cancel the offender’s driver licence and disqualify the offender from obtaining a driver licence for twelve months or such other period as the Court thinks fit.
Furthermore, and importantly, prior to an alleged offender being convicted by the Court, the Act provides the Police with the power to impose sanctions on the motor vehicle used by the offender in the alleged offence. The Police can seize the motor vehicle on the spot for a period of three months or confiscate the number plates on the motor vehicle for a period of three months.
The Police can also immediately suspend an alleged offender’s driver licence on the spot pending court proceedings.
Significantly, if an offender is convicted of a second or subsequent street racing or other hoon-related offence within a period of five years and the motor vehicle used in the offence is registered to the offender, then the Court can order the motor vehicle be forfeited permanently to the Crown.
For advice and representation regarding traffic offences in New South Wales or Victoria, contact the experienced solicitors and lawyers at Burt & Hanke Legal servicing Albury, Wodonga and surrounding areas.