What the Law states - Hooning-Racing And Speed Trials
Section 85 of the Transport Operations (Road Use Management) Act Queensland states:
(1) Any person who organises or promotes or takes part in-
(a) any race between vehicles or animals on a road; or
(b) any attempt to establish or break any vehicle or animal speed record on a road; or
(c) any trial of the speed of a vehicle or animal on a road; or
(d) 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 the Police must prove - Hooning-Racing And Speed Trials
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
The accused:
(1) Organised, promoted or took part in:
(a) A race between vehicles or animals; or
(b) An attempt to establish or break a vehicles or animal speed record;
(c) A trial of the speed of a vehicle or animal; or
(d) A competitive trial designed to test the skill of any vehicle driver where a prize, trophy or benefit in excess of the value of $100 may be won; or
(e) A competitive trial designed to test the reliability or mechanical condition of any vehicle where a prize, trophy or benefit in excess of the value of $100 may be won; and
(2) That race, attempted speed record, trial of speed, or competitive trial occurred on a road; and
(3) Did not obtain prior permission in writing from the commissioner.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum Penalty - Hooning-Racing And Speed Trials
Maximum penalty- 40 penalty units or 6 months imprisonment.
Note the Police have power to impound or forfeit your vehicle for repeat offence. For more information please click here.
Penalty unit = $100.00
Which court will hear the matter - Hooning-Racing And Speed Trials
Under section 3(5) of the Criminal Code Act Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.
Possible Defences - Hooning-Racing And Speed Trials
Possible defences to this offence include but are not limited to
1. The accused did not organise any such race, record attempt or trial.
2. The accused did not promote any such race, record attempt or trial.
3. The accused did not take part in any such race, record attempt or trial.
4. The accused obtained the required written permission.
5. Duress example: there was a threat of harm against the accused or another person that the accused reasonably believe would be carried out if he/she did do the act/s that constitute the offence.
6. Necessity/Accident - example: there was an extraordinary emergency that compelled the accused to drive at a speed that broke a record .
7. Insanity.
8. Identification i.e. the person who committed the offence was not the accused.
Mistake of fact - example: the accused had an honest and reasonable, but mistaken belief that permission had been granted for the race or speed trial to occur.
Criminal Law Article written by Bill Potts (Queensland criminal defence lawyer who is experienced in Hooning matters)
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