Burnout (sustained loss of traction)
Road Transport Act 2013 (NSW) s 116(1)
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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 operate a motor vehicle on a road so as to cause it to undergo a sustained loss of traction by one or more of its driving wheels — commonly called a 'burnout'. The aggravated forms, which carry heavier penalties and an automatic disqualification, are a separate charge (s 116(2)).
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 operated a motor vehicle on a road
- You caused the vehicle to undergo a sustained loss of traction by one or more of its driving wheels
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: 10 penalty units ($1,100). No automatic disqualification — the court may disqualify at its discretion (s 204).
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.