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