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Section 115 Road Transport Act 2013
Races, Attempts on Speed Records and Other Speed Trials

Section 115 of the Road Transport Act 2013 (NSW) is ‘Races, Attempts on Speed Records and Other Speed Trials’ and is extracted below.

If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.

We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.

The Legislation

Section 115 of the Road Transport Act 2013 is Races, Attempts on Speed Records and Other Speed Trials and reads as follows:

Races, attempts on speed records and other speed trials

(cf STM Act, s 40)

(1) A person must not organise, promote or take part in:

(a) any race between vehicles on a road, or

(b) any attempt to break any vehicle speed record on a road, or

(c) any trial of the speed of a vehicle 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 a road,
unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.

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).

(2) The Commissioner of Police may:

(a) grant or refuse approval to the holding or making of a race, attempt or trial referred to in subsection (1), and

(b) impose any condition (whether of general or limited application) on the approval that the Commissioner considers necessary in the interests of public safety and convenience.

Note : Part 7.8 allows a person aggrieved by a decision of the Commissioner of Police under this section to appeal to the Local Court against the decision.

(3) A person taking part in (or the organiser or promoter) of any race, attempt or trial referred to in subsection (1) must comply with any condition imposed on an approval granted under subsection (2) in respect of the race, attempt or trial.

The penalties

Maximum penalty: 20 penalty units.

(4) If a person is convicted by a court of an offence against this section in relation to a motor vehicle or trailer:

(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.

Note : Section 207 provides for the effect of a disqualification (whether or not by order of a court).

(5) Any disqualification under this section is in addition to any penalty imposed for the offence.

(6) This section does not apply to any test of the slow running of a vehicle.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.

Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.


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