To convict an individual of street racing, the prosecution must prove, beyond reasonable doubt that the individual organised, promoted or took part in:
- A race between vehicles OR
- An attempt to break any vehicle speed record OR
- Any trial of the speed of a vehicle OR
- A competitive trial designed to test the skill of any vehicle driver, or about the reliability or mechanical condition of any vehicle.
If found guilty, the following penalties may apply. Much like other driving offences, the penalties vary in severity depending on whether the offence was a repeat offence.
|Available Penalties||First Offence||Second or Subsequent Offence|
|The maximum court-imposed fine||$3,300||$3,300|
|Maximum gaol term||N/A||9 months|
|Maximum disqualification period||unlimited||unlimited|
|Automatic disqualification period||12 months||12 months|
|Other penalties that can be imposed||If the individual is the owner of the vehicle: their vehicle may be clamped and impounded for up to 3 months.If the individual is not the owner of the vehicle: The court can issue a ‘suspension warning notice’ to the owner of the vehicle warning them that if the vehicle is used in a second offence, the vehicle’s registration can be suspended for up to 3 months.||If the individual is the owner of the vehicle: their vehicle may be forfeited to the government and sold|
If the individual is not the owner of the vehicle: If it is the second offence in five years, the vehicle’s registration can be suspended for up to 3 months.
If it is the third offence in five years, the vehicle can be forfeited to the government and used in crash testing.