In the state of NSW, introduced on 1 July 2012, the Vehicle Sanctions Scheme allows police to apply roadside sanctions where the following offences are detected:
- Street racing
- Aggravated burnout
- Engaging in a police pursuit
- Speeding by more than 45km/h.
Street Racing
Street racing is typically an unsanctioned and illegal form of auto racing involving cars and motorcycles on a public road(freeways; industrial areas; and national parks).
Section 115 of the Road Transport Act 2013 stated that a person must not organise, promote or take part in —
- any race between vehicles on a road or road related area, or
- any attempt to break any vehicle speed record on a road or road related area, or
- any trial of the speed of a vehicle on a road or road related area, or
- any competitive trial designed to test the skill of a driver or the reliability or mechanical condition of any vehicle on a road or road related area,
unless the written approval of the Commissioner of police to the holding or making of the race, attempt or trial has been obtained.
Maximum penalty—30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).
- The value of one penalty unit is prescribed in Section 17 Crimes (Sentencing Procedure) Act and, currently, one penalty unit is equal to $110
Aggravated burnout
Conduct associated with road and drag racing and other activities.
Section 116 of the Road Transport Act 2013 stated that
(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.
Maximum penalty—10 penalty units.
(2) A person must not—
- do, or omit to do, any other thing that prolongs, sustains, intensifies or increases loss of traction as referred to in subsection (1), or
- repeatedly operate a motor vehicle contrary to subsection (1)
- 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
- willingly participate in any group activity involving the operation of one or more vehicles contrary to subsection (1), or
- 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
- 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.
Maximum penalty—30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).
Engaging in a police pursuit
Section 51B stated that –
(1) The driver of a vehicle—
- who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and
- who does not stop the vehicle, and
- who then drives the vehicle recklessly or at a speed or in a manner dangerous to others,
is guilty of an offence.
Maximum penalty— In the case of a first offence–imprisonment for 3 years, or an offence on a second or subsequent occasion–imprisonment for 5 years.
For more information, please refer to our blog on Toddler Killed After High-Speed Chase.
To find yourself guilty of the above-mentioned offences, the prosecution must prove beyond reasonable doubt that you took part in one or more of those mentioned elements under each Section of the relevant Act, the prosecution cannot rely on mere accusation or on the balance of probability that you would likely be participating in the mentioned offences.
Speeding by more than 45km/h
Section 10-2(3) of the Road Rules 2014 stated that A driver who commits a speeding offence by exceeding a speed limit by more than 45 kilometres per hour—
- is liable to a maximum penalty of 50 penalty units (in the case of a heavy motor vehicle or coach) or 30 penalty units (in any other case), and
- is disqualified from holding a driver licence by a conviction for the offence (and without any specific order) for 6 months or, if the court on the conviction thinks fit to order a different period of disqualification determined in accordance with subrule (4), is disqualified for the period specified in the order.
For more information, please refer to our website.
What can the police do with the Vehicle Sanctions Scheme?
- Number plate confiscation — Where a driver commits one of the offences above and is the registered operator of the offending vehicle, police may confiscate the number platesat the roadside as an alternative to the long-standing practice of impounding the vehicle. Vehicle impoundment or plate confiscation will be for a fixed three-month period. A person may apply to the local court for an order for the early release of confiscated plates or an impounded vehicle.
- Immediate licence suspension — police can also immediately suspend a driver’s licence at the roadside following a person being charged with a street racing or aggravated burnout offence. The suspension will remain in place until the charge is determined by a court.
- Motor vehicle sanctions — NSW police have the power to confiscate the car of a driver who commits a street racing or aggravated burnout offence, engages in a police pursuit or speeds by more than 45km/h.
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