NSW Laws - Drifting vs burnout, same punishment?

[volcom20]

Well the other night I got my car impounded as in another thread. Thing is I've heard people on the forum say they got a 250 dollar fine for drifting.

Where I'm getting a $450 dollar fine for a "Burnout". But, under the law, is there a seperate punishment for putting your car sideways, or does it all class as "burnout"?

Fine is ultimately for "loss of traction".

[Rollin]

Good work anyway - See my signature for elaberation...

[AuFairlaneV8]

Is intent or duration somehow taken into account? I would think drifting would be seen as neg driving or be covered by some states 'hooning' laws

[volcom20]

And does anyone have any legal advice? Could I say "The tires weren't spinning, it was just the sheer force (of the weight of the car) of the car and how hard I turned" It was wet. People screw up all the time....

[Dave_au]

Originally Posted by volcom20

And does anyone have any legal advice? Could I say "The tires weren't spinning, it was just the sheer force (of the weight of the car) of the car and how hard I turned" It was wet. People screw up all the time....

You'll have to discuss it with "your honor". I don't know whether a Judge could care to understand the difference between drifting and burnouts.

Whats actually written on the infringement notice?

[mcnews]

Whenever you get pulled up for anything like this you keep your mouth shut and get a lawyer that does traffic matters. Pretty much every word you utter at the scene will go towards burying you.

[4.9 EF Futura]

Read the relevant act from your state (should be road traffic act). I think drifting and burnouts are all classed under unsocial driving behaviour or a similar term.

However there is probably a range of offences the officer had to pick from - failure to control, excessive noise etc etc.

But if you've been done under "hoon" laws then prob the same class of offence. The citation should state which part of the act the state has excercised its powers under.

Edit: sorry, its the Road Transport (Safety and Traffic Management) Act 1999

41 Conduct associated with road and drag racing and other activities

(cf Traffic Act, s 4BA)

(1) A person must not, on a road or road related area, operate a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle.

Maximum penalty: 5 penalty units.


(2) A person must not operate a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road or road related area beneath one or more tyres of the vehicle.

Maximum penalty: 7 penalty units.


(3) In any proceedings for an offence under subsection (1) or (2), it is a defence if the person charged satisfies the court that the vehicle, although operated as referred to in subsection (1), was not so operated deliberately.
(4) A person must not, on a road or road related area, engage in conduct prescribed by regulations made for the purposes of this section, being conduct associated with the operation of a motor vehicle for speed competitions or other activities specified or described in the regulations.

Maximum penalty: 5 penalty units.


(5) Nothing in this section applies to the operation of a motor vehicle for the purposes of a race, attempt or trial undertaken in accordance with an approval given under section 40 by the Commissioner of Police

And then, from the Road Transport (General) Act 2005:

218 Removal and impounding of vehicles used for certain offences

(cf former Act, s 39)

(1) A police officer who reasonably believes that a motor vehicle:
(a) is being or has (on that day or during the past 10 days) been operated on a road so as to commit an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999, or
(b) is the subject of a period of impounding, or the subject of forfeiture, under section 219,
may seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner of Police.
(2) A motor vehicle may be seized under subsection (1) from:
(a) a road or public place, or
(b) any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 228.
(3) For the purpose of exercising the powers conferred by subsection (1), a police officer may cause any locking device or other feature of the motor vehicle concerned that is impeding the exercise of those powers to be removed, dismantled or neutralised and may, if the driver or any other person will not surrender the keys to the vehicle, start the vehicle by other means.
(4) Any motor vehicle removed to a place in accordance with subsection (1) may, subject to the regulations, be impounded at that place or may be moved to and impounded at any other place determined by the Commissioner.
(5) A motor vehicle that may be removed under subsection (1) or (4):
(a) may be moved by its being driven, whether or not under power, or by its being towed or pushed, or in any other manner whatever, and
(b) may be moved by one or more police officers or, at the direction of a police officer, by persons engaged by the Commissioner, and may be impounded at premises under the control of the Commissioner or of another authority or person.
(6) The regulations may make provision for or with respect to requiring the responsible person for or driver of a motor vehicle to pay a fee in relation to the towing of the vehicle under this section. The whole or any part of the fee that is unpaid may be recovered from the responsible person or driver of the motor vehicle by the Commissioner as a debt due to the Crown in any court of competent jurisdiction. A certificate in writing given by a police officer as to the fact and cost of towing is evidence of those matters.
219 Impounding or forfeiture of vehicles on finding of guilt or admission of offence

(cf former Act, s 40)

(1) A motor vehicle used in connection with an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999, being in either case the first offence by the offender under the provision concerned, that any court finds that a person is guilty of is by the finding liable to be impounded for a period of 3 months, unless the court by order otherwise directs under subsection (3).
(2) A motor vehicle used in connection with an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999, being in either case a second or subsequent offence by the offender under the provision concerned, that any court finds that a person is guilty of is by the finding liable to be forfeited to the Crown, unless the court by order otherwise directs under subsection (3).
(3) The court that found a person to be guilty of an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999 may, for reasons of the avoidance of any undue hardship to any person or other injustice perceived by the court, by its order direct that a period of impounding imposed by this section be reduced or dispensed with, or that a forfeiture imposed by this section be commuted to a period of impounding.
(4) The period for which a motor vehicle was impounded under section 218 is to be reckoned as counting towards a period of impounding imposed by or under this section.
(5) Any impounding or forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the impounding or forfeiture is taken to be, or to be part of, that penalty.
(6) For the purposes of this section, payment of the amount specified:
(a) in a penalty notice issued in respect of an offence under section 41 of the Road Transport (Safety and Traffic Management) Act 1999, or
(b) in any process issued subsequent to such a penalty notice,
as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, has the same effect as a finding by a court that the person was guilty of the offence.

Put in an application under Section 40 next time

[volcom20]

Cheers EF, great info. Cleared alot of things up for me.

[XR06T]

ahahaha i like the bit about one or more of the driven wheels..

cant get off claimin it was a sic lsd burnout, rather than a chicken wing :(

[4.9 EF Futura]

Originally Posted by XR06T

ahahaha i like the bit about one or more of the driven wheels..

cant get off claimin it was a sic lsd burnout, rather than a chicken wing :(

My favourite:

"A person must not operate a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road or road related area beneath one or more tyres of the vehicle."

Lol, reminds me of high school.

[4.9 EF Futura]

Originally Posted by volcom20

Cheers EF, great info. Cleared alot of things up for me.

BTW mate dont take that as definitive answer. Check your notice to see which act/which section you've been charged under.

[GTWHOA]

Originally Posted by volcom20

Well the other night I got my car impounded as in another thread. Thing is I've heard people on the forum say they got a 250 dollar fine for drifting.

Where I'm getting a $450 dollar fine for a "Burnout". But, under the law, is there a seperate punishment for putting your car sideways, or does it all class as "burnout"?

A mate of mine got charged with driving a vehicle in a matter dangerous 6 month suspension and around $1000 fine for drifting down the main street lol.

Did you get charged with burnout or aggrevated burnout?

[4Vman]

Im sure a Magistrate will show very little tollerence or patience with someone wanting to split hairs over the difference between a "Burnout" and "drifting"...

[You Yangs]

Whether you received the fine for a Burnout or Drifting I think they both come under the term "Sustained Loss of Traction"
41 Conduct associated with road and drag racing and other activities

(cf Traffic Act, s 4BA)

(1) A person must not, on a road or road related area, operate a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle.

Maximum penalty: 5 penalty units.

[volcom20]

Originally Posted by DVL40L

A mate of mine got charged with driving a vehicle in a matter dangerous 6 month suspension and around $1000 fine for drifting down the main street lol.

Did you get charged with burnout or aggrevated burnout?

Just a burnout. An aggrevated burnout refers to using oil etc etc