Police Attitude To Street Racing In NSW

racingStreet racing has long been a concern for law enforcement agencies around the world, including in New South Wales.

Street racing poses significant risks to participants and innocent bystanders alike. The police in NSW take a firm stance against this illegal activity due to its potential to cause accidents, injuries, and fatalities.


Speeding and engaging in street racing behaviour encompass the following actions:


  • Participating in a race involving two or more vehicles on a road in NSW.
  • Conducting a speed trial with a vehicle on a road in NSW.
  • Engaging in any competitive trial designed to assess the skill of a vehicle or driver on a road in NSW.
  • Organising, promoting, or participating in any of the aforementioned behaviours.

To establish guilt in a street racing case, the NSW Police must provide convincing evidence for the following aspects beyond a reasonable doubt:


1. That you organised, participated in, or promoted the following actions:


  • Engaging in a race with another vehicle on a public road.
  • Attempting to break a vehicle speed record on a public road.
  • Conducting speed trials of a vehicle on a public road.
  • Competitively testing the driving skills, vehicle reliability, or mechanical condition of any vehicle on a public road.

2. That you did not possess written approval from the Commissioner of Police to participate, promote, or organise any of these events.


If the Police can substantiate these elements successfully, it is likely that you will be found guilty. Consequently, you have the option to choose your own terms and plead guilty early without going to a defended hearing. By submitting a guilty plea to the Court for the charges of street racing, you may receive a more favourable outcome compared to being found guilty after a hearing.


Pleading guilty often demonstrates remorse in the eyes of the Court, which can result in a less severe penalty and licence suspension. For instance, if the circumstances surrounding the charge are not considered serious and you have no prior traffic record, the Court may dismiss the matter with a section 10 dismissal or with a conditional release order.


Drag Racing


Drag racing and aggravated burnouts occur when a driver intentionally manoeuvers a vehicle to induce a continuous loss of traction. For instance, excessive acceleration can lead to wheel spinning, causing the tires to lose grip on the road surface.


The acts of drag racing and aggravated burnouts encompass the following:


  • Knowingly operating a vehicle on a road where petrol, oil, fuel, or other flammable substances have been deliberately placed to induce loss of traction.
  • Continuing to operate a vehicle after it has experienced loss of traction.
  • Engaging in any group activity that involves drag racing or burnouts.
  • Promoting or taking part, photographing, or filming drag racing or burnout behaviours with the intention of encouraging participation in these activities.

Penalty for Street Racing in NSW

If you are apprehended for speed or street racing, the maximum fine imposed by the court for a first offence is $3, 300. In the case of a second or subsequent offence, you may face a fine of $3, 300 along with a potential prison sentence of 9 months. Additionally, a 12-month disqualification period will be enforced upon conviction.


By taking part in the Traffic Offender Intervention Program, you may receive a more forgiving verdict from the court. This program encompasses comprehensive education on traffic regulations, laws, and the potential repercussions of violating them. Upon completion of the course, a certificate will be provided to you and submitted to the court, which will be taken into account when deciding your sentence. If you have a traffic matter before the court and need expert advice, it is always best to speak to a law firm which specialises in traffic law matters.

Going To Court?

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Street racing cases are typically handled in the Local Court. At Lyons Law Group, our team of experienced traffic lawyers has considerable expertise in defending a wide range of criminal law cases throughout NSW. As a result, our clients can trust that we are capable of providing effective representation regardless of whether their matter is heard in the Local, District, or Supreme Courts.


With extensive experience in all these court settings, our traffic offence lawyers are well-equipped to provide accurate guidance on what to anticipate in each of them.


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