Queensland law makes it illegal to take part or promote a race or speed trial between vehicles without a permit.

While certainly a fast and furious style street race would be illegal in Queensland so would less organised types of racing say like 2 cars accelerating on a green light to see who has the fastest car.

The law

Section 85 of the Transport Operations (Road use Management) Act 1995 makes it an offence to take part in a race or speed trial on a road in Queensland.

How can the offence come about?

Examples of the charge of racing of the road have included;

• Vehicles were next to each other on a highway and slowed to a speed of about 90kph before accelerating simultaneously. The vehicles reached a speed of 180kph before slowing

• Two vehicles stationary side by side, engines of both revving loudly. Both vehicles then accelerated quickly over a distance of some 400 metres and reached speeds estimated at between 90 and 100kph in a 60kph zone.

• Two cars unknown to each other met at traffic lights in different lanes. Both revved engines and without formally agreeing to a race took off on the green light in race of speed.

• Drifting race in an industrial area late Saturday night

What does the prosecutor need to prove?

The prosecutor needs to prove the following;

1. There was a race

2. The race was between vehicles

3. The race took place on a road

There is no definition of a “race” in the legislation.  In that case it would be up to the court to determine based on all the facts and using the common meaning of racing whether a race actually occurred.

Vehicle is defined as “any type of transport that moves on wheels and a hovercraft but does not include a train or tram”

Road is defined as

1. open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles, whether on payment of a fee or otherwise; or

2. dedicated to public use as a road; but does not include an area declared under a regulation not to be a road.

Example of an area that is a road—

a bridge, cattle grid, culvert, ferry, ford, railway crossing, shopping centre car park, tunnel or viaduct

What is the penalty?

The offence is punishable by a fine of up to 40 penalty units ($6,192) or six months imprisonment.  In addition anyone found guilty or the offence will face a 6 month loss of licence.

Can I get a work licence?

You cannot get a work licence if found guilty of racing a vehicle on the road.

When can the charge turn into dangerous driving?

If the police alleged that the racing was dangerous then the charge can be upgraded to dangerous driving which is a must more serious offence.

Dangerous is to be given its ordinary meaning of something that presents a real risk of injury or damage. The ordinary meaning of ‘dangerous’ is ‘fraught with or causing danger; involving risk; perilous; hazardous; unsafe’.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor.  This is called case conferencing.  For example it might be possible to try and convince the prosecutor that no race took place and that the charge should be withdrawn or perhaps reduced to a much less serious charge that carries no licence disqualification.

What should I do if charged with racing on a road or highway?

Contact us for immediate advice.

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 45 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them.

How do I get more help or engage you to act for me? 

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