Page updated on: Friday April 23, 2010
Mike has had his car for just under a year. He has spent thousands of dollars on “accessories” and “modifications” and is extremely proud of the vehicle which has proven to be a magnet. However the car has also attracted the attention of the Police who regularly pull him over to check his licence and warrant. One day he looses it after being embarrassed by Police in front of his new girlfriend for the third time in one day. As he accelerates away from the Police he sprays loose metal over the road as a result of a major wheel spin. He is immediately pulled over again and charged with causing a sustained loss of traction. His car is impounded on the spot.
Offence:
Without reasonable excuse, operating a vehicle in a manner that causes a sustained loss of traction. Section 22A(3) of the Land Transport Act 1998
It is also an offence to drive a motor vehicle in a race or in an unnecessary exhibition of speed or acceleration. These “boy racer” rules are designed to stop dangerous driving on the road.
Penalty:
The penalty for this charge is the same as the penalty for dangerous or reckless driving.
The maximum penalty is imprisonment of up to 3 months or a fine of up to $4,500. The Court must disqualify you from driving for a minimum of 6 months.
Likely sentence:
Mike will be disqualified from driving for a six months. He is likely to be fined around $300 - $500 and ordered to pay court costs of $130. If he can’t afford to pay the fine (or he has other unpaid fines), he could be sentenced to around 40-60 hours of community work instead.
Special notes:
Under s.96(1A) of the Land Transport Act the Police “may” impound cars for 28 days on the roadside when the driver has been charged with operating a vehicle causing a sustained loss of traction. This seems to be a practice which is followed by the police. The offender will have to pay around $400 to recover the car after the 28 days has elapsed.