Since the 1970s, illegal street racing has been an infamous activity by hoons in Australia. But with the Traffic Amendment (Street Racing) Bill introduced in 1996, the government put out stringent rules in place to deter this activity because it puts the lives of race drivers, other drivers, observers, passerby, and the community at risk.
When you think of speed racing, you imagine two vehicles moving at excessive speeds. However, in the law, speed is not a defining factor – what is determined is if the drivers are ‘racing’ irrespective of their speeds. This post explores all you need to know about street racing laws in Australia.
Traffic Offence
To be charged with a street racing-related offense and have the office show up on your national character check police clearance record, you must be involved in the organization, promotion, or take part in any of the following:
- Car racing on the street
- Attempting to break a vehicle’s speed limit on a road
- Performing speed test on the road
- Engaging in competitive challenges to test the skill of a driver, or reliability and mechanical condition of the vehicle.
What happens if you get pulled over?
The Vehicle Sanction Scheme permits police officers to apply roadside sanctions to drivers engaging in street racing. The police may confiscate their number plates at the roadside, in contrast to the former practice of impounding the vehicle. The confiscation period is usually for a fixed three-month period.
First-time offenders usually receive lighter punishment, compared to repeat offenders. Driving a vehicle with no plates or fake plates will attract tougher penalties.
Court-Imposed Penalties
The penalties that can be imposed by the court range from fines to imprisonment, depending on the severity of the offence and whether the driver is a repeat offender or not.
The maximum court-imposed fine for a street racing or aggravated burnout offence is $3,300 for a first offence. Second or subsequent offences will attract a $3,300 fine and/or 9 months imprisonments. Those convicted of this offence will also face a 12-month automatic period of disqualification.
Exceeding the speed limit by 45km/hr attracts a court-imposed fine of $2,530 for drivers of light vehicles and $3,740 for heavy vehicle drivers. A six-month period of disqualification applies to those convicted of this offence. Further information about how these court imposed penalties may impact your personal police history record can be found by clicking on the frequently asked questions (FAQs) link for Australian police checks here: click here.
What happens when the driver is not the registered owner of the vehicle?
In this case, the registered operator may be issued a warning by Roads and Maritime the first time it happens. But if it happens again, the vehicle may be suspended for three months as punishment for the operator failing to supervise the use of his/her vehicle.
Forfeiture of Vehicles
Repeat offenders may have their vehicles forfeited to the Crown. If this happens, the vehicles may be sold to recover collection and storage costs. Alternatively, it can be released to Roads and Maritime for crash testing.
Conclusion
Street racing is illegal and greatly frowned at by the Australian government. People who are subject to charges of street racing can have their vehicles impounded or forfeited, just as they can be fined or serve time in prison.
