201 Elizabeth Street
Sydney NSW 2000
99 William Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
In NSW, actions that are colloquially referred to as a "burnout" constitute offences under the Road Transport Act 2013. There are two offences in that Act that cover actions of this nature. The specific offence you are charged with will determine the maximum penalty available to the Court.
Section 116(1) of the Road Transport Act 2013 states: “A person must not operate a motor vehicle on a road in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle.”
Section 116(2) provides for an aggravated offence, which attracts higher maximum penalties. There are seven (7) ways in which the offence outlined in subsection (1) above can be aggravated. These are:-
The title of section 116 is “conduct associated with road and drag racing and other activities.” The inclusion of this section in to the Road Transport Act is to address “hoon” behaviour, which is regarded very seriously by NSW Parliament and the Courts.
In determining whether your actions have interfered with the amenity or peaceful enjoyment, or made a place unsafe, re point 4 above, the Court must consider all the circumstances of the case. For example:-
If you are charged with the unaggravated offence, the maximum penalty is a fine of 10 penalty units.
If you are charged with the more serious offence, the maximum penalty available to the Court will depend on whether this is a first or second and subsequent offence. In the case of a first offence, the maximum penalty is 30 penalty units. In the case of a second or subsequent offence, the maximum penalty is a fine of 30 penalty units and/or a period of imprisonment for nine (9) months.
Furthermore, on conviction for an aggravated offence where you are the driver of the vehicle (that is, points 1 to 4, above) a disqualification period of 12 months will be imposed.
There are two defences to this provided under the section.
Under section 116(3), it is a defence, to both the aggravated and unaggravated offences, if you are able to prove that the loss of traction sustained was not done so deliberately.
Under section 116(5), this section does not apply to races, attempts to race or speed trials where approval is given by the Commissioner of Police in writing.
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.