Aggravated burnout (sustained loss of traction with an aggravating circumstance)
Road Transport Act 2013 (NSW) s 116(2)
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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
The aggravated form of a burnout. It applies where, in causing a sustained loss of traction, one of the aggravating circumstances in s 116(2) also applied — most commonly doing it knowing that petrol or another inflammable liquid had been placed on the road surface under a tyre, doing something to prolong, sustain or intensify the loss of traction, doing it repeatedly, or doing it where there was an appreciable risk of harm to a person or property. Organising, promoting or filming such activity is also covered.
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 so as to cause a sustained loss of traction by one or more of its driving wheels (a burnout)
- One of the aggravating circumstances in s 116(2) also applied — most commonly: doing it knowing that an inflammable liquid had been placed on the road surface under a tyre; doing something to prolong, sustain or intensify the loss of traction; doing it repeatedly; or doing it where there was an appreciable risk of harm to a person or property
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. For the driving forms of the offence (s 116(2)(a)–(d)) there is an automatic 12-month disqualification on conviction, 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.