Offence provision
Street racing, burn outs and aggravated burn outs are all offences under sections 115 and 116 of the Road Transport Act 2013 (NSW).
Speeding by more than 45km/h is an offence under rule 20 of the Road Rules 2014 (NSW).
What is hoon driving?
“Hoon driving” covers many different types of driving, including:
- Burn outs – where a driver causes the wheels of their motor vehicle to lose traction.
- Street racing (including drag racing) – where two or more people compete over who can drive their car the fastest or who can reach a particular point on the road first.
- High speed driving – where the driver breaches the speed limit by more than 45km/h.
What are aggravated burn out offences?
Aggravated burn out offences are considered more serious than simple burn out offences. They include:
- Causing a burn out knowing that petrol, oil, diesel, or some other flammable liquid has been placed on the road.
- Repeatedly performing burn outs.
- Performing burn outs knowing that it will interfere with the peacefulness of the area, or make the place unsafe.
- Organising, promoting, or encouraging another person to participate in burn outs.
- Photographing or filming burn outs to encourage participation.
Licence suspension
If you are charged with street racing or an aggravated burn offence, the police can suspend and confiscate your licence within 48 hours of the charge. The suspension will remain in place until the offence is heard by a court. If your licence is disqualified by the court, the magistrate will consider the licence suspension in deciding the disqualification period.
Both a licence suspension and disqualification prohibit you from driving for the specified period. While a licence suspension can be imposed by the RMS or NSW Police without a formal conviction for the offence, a licence disqualification is imposed by a court as part of the penalty for a formal conviction.
Plate confiscation
If you are charged with street racing, high speed driving or an aggravated burn out offence, NSW Police can also confiscate the car, confiscate the number plates, or give you a notice requiring you to bring the vehicle to a specified location within 10 days.
The car may be impounded, or the plates confiscated, for up to three months. If you are charged with a second offence, the car may be forfeited to the state and sold, or released to Transport for NSW for crash testing.
Penalties for hooning offences in NSW
The penalties for hooning offences vary depending on the offence. For a simple burn out offence the maximum penalty is a $1,110 fine.
Penalties for other offences are outlined below.
Speed racing and aggravated burn out penalties
| Penalty | First offence | Subsequent offence |
|---|---|---|
| Maximum fine | $3,300 | $3,300 |
| Maximum term of imprisonment | N/A | 9 months |
| Automatic disqualification | 1 year | 1 year |
| Immediate licence suspension | Yes | Yes |
High speed driving penalties
| Penalty | Light vehicle | Heavy vehicle |
|---|---|---|
| Maximum fine | $2,530 | $3,740 |
| Maximum term of imprisonment | N/A | N/A |
| Automatic disqualification | 6 months | 6 months |
| Immediate licence suspension | Yes | Yes |
Consequences of conviction
If you are convicted of street racing, high speed driving, or aggravated burn out offences, this will be noted on your criminal record, and your licence will be disqualified. The automatic disqualification period will apply unless the court makes a specific order.
These consequences can be avoided if the court applies section 10 of the Crimes (Sentencing Procedure) Act 1999.
Traffic Offender Intervention Program
The court may give you a more lenient sentence if you participate in the Traffic Offender Intervention Program. This program covers traffic laws and rules, and the potential consequences of breaching the laws. When the course is finished, a certificate will be sent to the court, and it can be considered in determining the sentence.
