As part of the NSW Government’s State Plan a number of tough new measures are being introduced to combat anti-social ‘car hoon’ behaviour. The new laws make it clear for those irresponsible drivers that treat NSW roads as their own personal race track that this type of selfish and dangerous behaviour will not be tolerated.
Road Transport Legislation Amendment (Car Hoons) Act 2008
The Road Transport Legislation Amendment (Car Hoons) Act 2008 introduces new measures and increased penalties for those who engage in illegal street racing and ‘car hoon’ activity.
Court imposed penalties
From 6 June 2008 the maximum penalties for a person who is convicted of a street racing or burnout offence are as follows:
The maximum court imposed fine for a burnout offence is $1,100 (up from $550)
The maximum court imposed fine for an aggravated burnout offence is $3,300 for a first offence (up from $770) and $3,300 and/or 9 months imprisonment for a second or subsequent offence. A 12-month automatic period of disqualification will also apply to the driver following conviction for the offence.
The maximum court imposed fine for a street racing offence is $3,300 (up from $2,200) for a first offence and $3,300 and/or 9 months imprisonment for a second or subsequent offence. A 12-month automatic period of disqualification will continue to apply to those convicted of this offence.
Street racing and burnout offences are prescribed under sections 40 and 41 of the Road Transport (Safety and Traffic Management) Act 1999.
The increased penalties outlined above are the first steps in a number of measures already announced by the NSW Government. Other measures to be introduced in the coming months include:
Immediate licence suspension
From September 2008, existing police powers to immediately suspend a driver’s licence at the roadside (currently for mid and high range alcohol offences, causing death or grievous bodily harm by the use of a vehicle, or travelling in excess of 45km/h over the speed limit) will include the street racing offence and aggravated burnout offence. The suspension will remain in place until the charge is determined by a court.
The new laws will expand the definition of an aggravated burnout offence and the new penalties will also apply to a hoon driver’s mate who willingly participates in, urge others to participate in, photograph or film to promote or organise hoon activity.
Motor vehicle sanctions
Under the current laws, NSW Police have the power to confiscate the car of a driver who commits a street racing or aggravated burnout offence. Under new measures to be introduced, police will have the additional options of clamping a vehicle, or giving the driver or registered operator of the vehicle a notice requiring that the vehicle be produced at a specified place within 10 days. If the vehicle is not produced a court imposed penalty of $2,200 can apply, and the RTA may suspend the vehicle’s registration for a period of 3 months.
Where a court finds a person guilty of a street racing offence or aggravated burnout offence as prescribed under sections 40 and 41(2) of the Road Transport (Safety and Traffic Management) Act 1999, the following will apply.
Where the driver is also the registered operator of the vehicle
In cases where the driver is the registered operator, the vehicle may be clamped or impounded for a period of 3 months for a first offence. For a second or subsequent offence, the vehicle may be forfeited to the Crown and may be sold or released to the RTA for crash testing (see below for more about crash testing).
Where the driver is not the registered operator of the vehicle
In cases where the driver is not the registered operator, the RTA may issue a suspension warning notice to the registered operator warning that if the same vehicle, or any other motor vehicle registered to that person, is used in a second offence, the registration of the vehicle used in a second offence may be suspended for a period of 3 months.
If a second offence is committed within 5 years after a suspension warning letter is given, the registration of the vehicle used in a second offence may be suspended for a period of 3 months. If a third or subsequent offence is committed within 5 years after a suspension warning letter is given, the vehicle used in the third or subsequent offence may be forfeited to the Crown to be sold or released to the RTA for crash testing (see below for more about crash testing).
In cases where the registration cannot be suspended by the RTA (eg. the registration is already suspended or has expired) the police will cause the vehicle to be clamped or impounded for a period of 3 months.
It is not intended that vehicle owners be penalised for the driving offence committed, but rather for failing to adequately supervise use of their vehicle on repeated occasions.
Crash testing by the RTA
Current laws already provide that the cars of repeat offenders may be forfeited to the Crown. Usually, those vehicles are sold and the money used to recover storage and collection costs. The new laws will allow certain forfeited vehicles to be released to the RTA for crash testing.
The RTA will use the unique tests to investigate the potential effects of certain modifications on overall crashworthiness and the wrecks of these vehicles will be displayed at education days for young drivers, or at other RTA presentations.
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