What is the offence?
Any person who organizes or promotes or takes part in –
- Any race between vehicles or animals on a road; or
- Any attempt to establish or break any vehicle or animal speed record on a road; or
- Any trial of the speed of a vehicle or animal on a road; or
- Any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on any road where a prize or trophy or other benefit or advantage in excess of the value of $100 may be won by a competitor;
Is guilty of an offence, unless the prior permission in writing of the commissioner to the holding or making of the race, attempt, or trial has been obtained.
What is the penalty?
Maximum penalty-40 penalty units or 6 months imprisonment.
In addition to imposing a penalty, must disqualify the person from holding or obtaining a Queensland driver license for a period of at least 6 months.
What does the court take into account in sentencing?
There are a number of factors that the court will take into account when determining the appropriate penalty. These include:
- The reason for your driving at the time of the offence
- Your previous traffic history.
- Was the in licensed driving associated with the commission of another offence?
- Your personal circumstances.
- Any other circumstances the Court considers relevant.
Frequently asked questions.
Q: Do the Courts consider racing to be a serious offence?
A: With a maximum penalty of $4,000.00 or six (6) months imprisonment the Court has a wide discretion in terms of available sentences. The Court must also impose a disqualification period.
Q: If I am convicted of racing can I lose my car?
A: Yes there are provisions within the legislation for repeat offenders to lose their vehicles when they are convicted of what are the after-described as “hooning offences”.
Speak to our experienced traffic lawyers today for advice and to discuss your options.