Burnouts

In New South Wales, it is an offence to do burnouts. The maximum penalty for this offence is a fine of $1,100. In circumstances of aggravation, the maximum penalties are a fine of $3,300 for a first offence or a fine of $3,300 and/or 9 months imprisonment for a second or subsequent offence. 

If you receive a Penalty Notice for the offence, the fine is $697 and 3 demerit points.

What are Burnouts?

The offence of Burnouts are regulated under Section 116(1) of the Road Transport Act 2013 which states:

1. 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.

The offence of Burnouts under circumstances of aggravation are regulated under Section 116(2) of the Road Transport Act 2013 which states:

1. A person must not –
   1. Operate a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road beneath one or more tyres of the vehicle, or
   2. Do, or omit to do, any other thing that prolongs, sustains, intensifies or increases loss of traction as referred to in subsection (1), or
   3. Repeatedly operate a motor vehicle contrary to subsection (1), or
   4. Operate a motor vehicle contrary to subsection (1) at a time, or on a road in a place, knowing that there is an appreciable risk that operation of the vehicle in that manner at that time and place is likely to interfere with the amenity of the locality or the peaceful enjoyment of any person in the locality or make the place unsafe for any person in the locality, or
   5. Willingly participate in any group activity involving the operation of one or more vehicles contrary to subsection (1), or
   6. Organise, promote or urge any person to participate in, or view, any group activity involving the operation of one or more vehicles contrary to subsection (1), or
   7. Photograph or film a motor vehicle being operated contrary to subsection (1) for the purpose of organising or promoting the participation of persons in any such group activity.

The following act might constitute a Burnout: 

• Driving a car on a road and increasing acceleration to make the car lose traction whilst driving in a circle.

What must be proven?

For a person to be found guilty of a Police Pursuit, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were driving a motor vehicle;
• That the motor vehicle lost traction on the road;
• That you intended for the motor vehicle to lose traction on the road.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Burnouts

The following defences may be available for a Burnout charge:

• That the loss of traction was not intentional.
• Duress. 

Common Questions about Burnouts

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible.

A Court can impose any of the following penalties for a Burnout charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this. 

What if I lost traction by accident?

Please contact us at Armstrong Legal to assist you with this, as a possible defence of this nature needs to be discussed with a solicitor as it is important we obtain the relevant circumstantial details. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.