Section 116 of the Road Transport Act 2013 (NSW) is ‘Conduct Associated with Road and Drag Racing and Other Activities’ and is extracted below.
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Section 116 of the Road Transport Act 2013 is Conduct Associated with Road and Drag Racing and Other Activities and reads as follows:
Conduct associated with road and drag racing and other activities
(cf STM Act, s 41)
(1) A person must not operate a motor vehicle on a road 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: 10 penalty units.
(2) A person must not:
(a) 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 beneath one or more tyres of the vehicle, or
(b) do, or omit to do, any other thing that prolongs, sustains, intensifies or increases loss of traction as referred to in subsection (1), or
(c) repeatedly operate a motor vehicle contrary to subsection (1), or
(d) operate a motor vehicle contrary to subsection (1) at a time, or on a road in a place, knowing that there is an appreciable risk that operation of the vehicle in that manner at that time and place is likely to interfere with the amenity of the locality or the peaceful enjoyment of any person in the locality or make the place unsafe for any person in the locality, or
(e) willingly participate in any group activity involving the operation of one or more vehicles contrary to subsection (1), or
(f) organise, promote or urge any person to participate in, or view, any group activity involving the operation of one or more vehicles contrary to subsection (1), or
(g) photograph or film a motor vehicle being operated contrary to subsection (1) for the purpose of organising or promoting the participation of persons in any such group activity.
Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).
(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves to the court’s satisfaction that the vehicle, although operated as referred to in subsection (1), was not so operated deliberately.
(4) A person must not, on a road, engage in conduct prescribed by statutory rules 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 statutory rules.
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 115 by the Commissioner of Police.
(6) In considering whether an offence has been committed under subsection (2) (d), the court is to have regard to all the circumstances of the case, including the following:
(a) the nature and use of the road on which the offence is alleged to have been committed,
(b) the nature and use of any premises in the locality of the road in which the offence is alleged to have been committed.
(7) If a person is convicted by a court of an offence against subsection (2) (a), (b), (c) or (d) in relation to a motor vehicle:
(a) except as provided by paragraph (b)–the person is disqualified from holding a driver licence by the conviction and without any specific order of a court for 12 months, or
(b) if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification–the person is disqualified from holding a driver licence for the period specified in the order.
(8) Any disqualification under this section is in addition to any penalty imposed for the offence.
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