At Chidiac & Associates, we provide experienced criminal defence representation to clients facing street racing and related driving offences throughout Sydney and New South Wales. We carefully examine the circumstances of each allegation, the evidence relied upon by police and the potential consequences for your licence and future.

What is Street Racing?

In New South Wales, street racing generally involves participating in, promoting or organising a race or speed trial involving motor vehicles on a road or road-related area without the required approval.

Street racing may involve two or more vehicles competing against one another, but allegations can also arise from conduct that police consider to involve a speed competition or other form of unlawful racing.

Depending on the circumstances, allegations may include:

• racing another vehicle on a public road;
• participating in a speed trial or competition without approval;
• organising or promoting an unauthorised race;
• deliberately accelerating alongside another vehicle in a competitive manner;
• participating in an organised or spontaneous street race;
• performing burnouts or other prohibited driving activities; or
• driving in a manner associated with an alleged street racing event.

The precise offence will depend upon the conduct alleged, where the conduct occurred and the circumstances surrounding the incident.

Street Racing Offences in NSW

Street racing offences are dealt with under the Road Transport Act 2013 (NSW) and associated regulations.

Section 115 of the Road Transport Act 2013 addresses menacing driving, including situations involving speed competitions, races or attempts to break speed records. Other provisions may apply depending on the particular conduct alleged.

A person may also face separate charges arising from the same incident, including dangerous driving, negligent driving, speeding or other traffic offences.

The distinction between these offences can be significant because the applicable penalties and licence consequences may differ.

What Must the Prosecution Prove?

The elements of a street racing offence depend upon the particular provision under which a person is charged.

Generally, the Prosecution must establish the specific conduct alleged beyond reasonable doubt.

1. The Relevant Driving Conduct Occurred

The Prosecution must establish that the accused engaged in the driving activity alleged.

This may involve allegations that the accused:

• raced another vehicle;
• participated in a speed competition;
• attempted to break a speed record;
• drove in a manner intended to compete against another vehicle; or
• otherwise engaged in conduct prohibited by the relevant legislation.

The precise definition and elements of the offence will depend upon the charge.

2. The Conduct Occurred on a Relevant Road or Area

The location of the alleged conduct can be important.

Street racing offences generally concern conduct occurring on a road or road-related area to which the relevant legislation applies.

Evidence concerning where the vehicles were located, the nature of the road and the circumstances of the alleged race may therefore be relevant to the Prosecution case.

3. The Prosecution Must Establish the Required State of Mind

Depending upon the particular offence, the Prosecution may need to establish a particular intention, knowledge or other state of mind.

For example, where an allegation involves participating in a speed competition or race, the circumstances surrounding the driving and the accused person's conduct may be relevant to determining whether the necessary elements of the offence have been established.

What Are the Penalties for Street Racing?

The penalties for street racing depend on the particular offence charged, whether it is a first or subsequent offence, and the circumstances of the alleged conduct.

Unauthorised Street Racing — Section 115

Section 115 of the Road Transport Act 2013 (NSW) makes it an offence to organise, promote or take part in:

• a race between vehicles on a road;
• an attempt to break a vehicle speed record on a road;
• a trial of the speed of a vehicle on a road; or
• a competitive trial designed to test the skill of a vehicle driver or the reliability or mechanical condition of a vehicle,

unless the written approval of the Commissioner of Police has been obtained.

For a first offence, the maximum penalty is:

• 30 penalty units ($3,300).

For a second or subsequent offence, the maximum penalty is:

• 30 penalty units ($3,300); or
• 9 months' imprisonment; or
• both.

A person convicted of an offence under section 115 in relation to a motor vehicle or trailer is also subject to driver licence disqualification.

The statutory disqualification period is 12 months, unless the court orders a shorter or longer period. Any disqualification is imposed in addition to the penalty for the offence.

Burnouts and Loss of Traction — Section 116

Street racing allegations may also involve conduct commonly referred to as a burnout.

Section 116(1) makes it an offence to operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction by one or more driving wheels.

The maximum penalty is:

• 10 penalty units ($1,100).

More serious conduct associated with burnouts and loss of traction is dealt with under section 116(2). This includes circumstances where a person:

• uses petrol, oil, diesel or another inflammable liquid beneath the vehicle's tyres;
• does something that prolongs, sustains, intensifies or increases the loss of traction;
• repeatedly engages in the conduct;
• engages in the conduct knowing there is an appreciable risk that it will interfere with the amenity or peaceful enjoyment of people in the locality or make the area unsafe;
• willingly participates in a group activity involving vehicles engaging in the conduct;
• organises, promotes or encourages participation in such a group activity; or
• photographs or films the conduct for the purpose of organising or promoting participation in such an activity.

For a first offence under section 116(2), the maximum penalty is:

• 30 penalty units ($3,300).

For a second or subsequent offence, the maximum penalty is:

• 30 penalty units ($3,300); or
• 9 months' imprisonment; or
• both.

A conviction under section 116(2)(a)–(d) also results in 12 months' licence disqualification, unless the court orders a shorter or longer period. The disqualification is additional to any other penalty imposed.

Dangerous or Reckless Driving — Section 117

Depending on the circumstances, a person alleged to have been street racing may also face a charge under section 117 for driving furiously, recklessly or at a speed or in a manner dangerous to the public.

For a first offence, the maximum penalty is:

• 20 penalty units ($2,200); or
• 9 months' imprisonment; or
• both.

For a second or subsequent offence, the maximum penalty is:

• 30 penalty units ($3,300); or
• 12 months' imprisonment; or
• both.

The court must consider all the circumstances of the case, including the nature, condition and use of the road, the amount of traffic actually present or reasonably expected to be present, and any obstructions or hazards on the road.

Where dangerous or reckless driving occasions death or grievous bodily harm, different and substantially more serious penalties may apply.

Menacing Driving — Section 118

In some circumstances, conduct arising from an alleged street racing incident may also result in an allegation of menacing driving.

Where a person drives on a road in a manner that menaces another person with the intention of menacing that person, the maximum penalty is:

First offence:

• 30 penalty units ($3,300); or
• 18 months' imprisonment; or
• both.

Second or subsequent offence:

• 50 penalty units ($5,500); or
• 2 years' imprisonment; or
• both.

Where the person did not intend to menace another person but ought to have known that the other person might be menaced, the maximum penalty is:

First offence:

• 20 penalty units ($2,200); or
• 12 months' imprisonment; or
• both.

Second or subsequent offence:

• 30 penalty units ($3,300); or
• 18 months' imprisonment; or
• both.

A person cannot be convicted of both section 118(1) and section 118(2), or both section 118 and section 117, arising from the same incident.

Licence Disqualification

Licence consequences can be significant in street racing matters.

For an offence under section 115, a conviction in relation to a motor vehicle or trailer ordinarily results in 12 months' disqualification, although the court has power to order a shorter or longer period.

For the more serious forms of conduct under section 116(2)(a)–(d), a conviction also ordinarily results in 12 months' disqualification, subject to the court's power to order a different period.

Licence disqualification is separate from, and additional to, any fine or term of imprisonment imposed for the offence.

The Importance of the Particular Charge

A street racing allegation does not necessarily result in the same penalty in every case.

The precise charge, whether the offence is a first or subsequent offence, the circumstances of the driving, the presence of other road users, any accident or injury, the person's driving history and the available evidence can all affect the outcome.

For this reason, it is important to obtain legal advice about the specific section of the legislation under which you have been charged, rather than relying on a general description of "street racing" penalties.

Immediate Licence and Vehicle Consequences

Street racing allegations can result in consequences beyond the eventual court penalty.

Depending upon the circumstances, police may have powers concerning the immediate suspension or disqualification of a person's licence and the impounding, confiscation or forfeiture of a vehicle.

These consequences can have a significant practical impact, particularly where the vehicle is required for employment or other essential purposes.

It is important to obtain legal advice promptly where police have taken action against your licence or vehicle.

Defending a Street Racing Charge

Being charged with street racing does not mean that you are guilty. The Prosecution bears the burden of proving the relevant offence beyond reasonable doubt.

Depending on the circumstances of your case, possible issues in defending a street racing allegation may include:

• the alleged race did not occur;
• the accused was not participating in a race or speed competition;
• the driving has been incorrectly characterised;
• there was insufficient evidence identifying the accused driver;
• the Prosecution evidence is unreliable or inconsistent;
• CCTV, dashcam or other footage does not support the allegation;
• police observations do not establish the required elements of the offence;
• another person was responsible for the vehicle;
• the location or circumstances do not satisfy the relevant legislative requirements; or
• the Prosecution cannot establish the necessary state of mind.

In some matters, the central issue may be whether the conduct amounted to street racing at all, rather than simply whether the accused was driving at a high speed.

Evidence in Street Racing Cases

Street racing allegations are often based upon evidence gathered by police at or after the alleged incident.

This may include:

• police observations;
• CCTV footage;
• dashcam footage;
• mobile phone footage;
• photographs;
• eyewitness statements;
• police body-worn camera footage;
• vehicle registration information;
• speed detection evidence;
• vehicle examination evidence;
• social media posts or messages; and
• statements made by the accused or other persons.

At Chidiac & Associates, we carefully examine the available evidence to identify inconsistencies, weaknesses and issues that may affect the Prosecution case.

Street Racing and Dangerous Driving

A street racing allegation may arise alongside allegations of dangerous or negligent driving.

These are separate offences with different legal elements.

The manner in which the vehicle was driven, the speed involved, traffic conditions, the location, visibility and presence of other road users may all be relevant to determining whether additional charges are appropriate.

Where multiple driving offences are alleged, it is important to consider each charge individually rather than treating the allegations as a single incident.

Street Racing and Licence Disqualification

For many people, the most immediate concern following a street racing allegation is whether they will lose their licence.

The impact of a disqualification can be substantial. Losing a licence may affect employment, family responsibilities, education and the ability to travel.

The applicable licence consequences depend upon the offence charged, the person's driving history and the circumstances of the alleged conduct.

Our lawyers can advise you about the potential licence consequences associated with your particular charge and assist you in understanding your available options.

How We Can Help

A street racing charge requires careful consideration of both the criminal and driving consequences of the allegation. At Chidiac & Associates, we understand the importance of protecting your licence while defending the underlying allegation.

We provide:

• detailed advice about your charges and potential penalties;
• advice regarding licence and vehicle consequences;
• representation at court appearances;
• review of police evidence and footage;
• analysis of witness and identification evidence;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings;
• representation in relation to sentencing; and
• strategic advocacy focused on protecting your rights and interests.

Our approach is built on thorough preparation, practical advice and persuasive courtroom advocacy.