Street or organised racing, speed records and speed trials
Road Transport Act 2013 (NSW) s 115
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- Hanna Legal — for advice about your matter, call (02) 9268 0444.
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For advice about your matter, speak to Hanna Legal on (02) 9268 0444.
This page is sourced to the Act and section shown below and has been reviewed by Hanna Legal. It explains the law in general terms and does not tell you what to do in your own matter, and it does not create a lawyer–client relationship. Always confirm the current law and speak to Hanna Legal about your situation.
What it is, in plain English
It is an offence to organise, promote or take part in any race between vehicles on a road, any attempt to break a vehicle speed record on a road, any trial of a vehicle's speed on a road, or any competitive trial of driver skill or of a vehicle, on a road, unless the written approval of the Commissioner of Police has been obtained.
What the police must prove (the elements)
For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.
- You organised, promoted or took part in a race, a speed-record attempt, a speed trial, or a competitive trial of driver skill or of a vehicle
- It involved a vehicle, or vehicles, on a road
- It was done without the written approval of the Commissioner of Police
Which court & maximum penalty
This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.
Maximum penalty: 30 penalty units ($3,300) for a first offence; 30 penalty units ($3,300) or imprisonment for 9 months, or both, for a second or subsequent offence. On conviction a court disqualifies you from driving for an automatic 12 months, which the court may make shorter or longer.
Time limits
Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.
Read the law
Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.