The "Boy Racer" Act - more details

The Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 will come into force at midnight on Thursday 1 May 2003. Amongst other things it provides discretionary powers for "enforcement officers" (usually NZ Police officers) to impound vehicles operated in breach of what are colloquially called "boy racer" offences. The Act amends the Land Transport Act 1998.

The Act is aimed at combating the problem of unauthorised street racing, drag racing, wheel spinning and other stunts on roads, and the spillage of oil and other lubricants on roads without reasonable excuse. A "race" may be against another vehicle or racing against the clock but does not mean simple speeding - which will continue to be dealt with under existing legislation.

The following are the major offences and the maximum penalties.

1. You must not operate a motor vehicle in a race or in an unnecessary exhibition of speed or acceleration on a road (unless authorised by law).
   
   
2. You must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction (unless authorised by law).
   
   
3. If you commit either of these offences the maximum is 3 months imprisonment, or $4,500 in fines, and a minimum period of disqualification of 6 months.
   
   If you kill or injure someone while illegally racing, the penalties increase to a maximum penalty of 5 years imprisonment, or a fine not exceeding $20,000, and a minimum period of disqualification of 1 year.
   
   
4. You must not, without reasonable excuse, pour onto or place on, or allow to spill onto any road petrol, oil or diesel fuel, or any other substance likely to cause a vehicle to undergo loss of traction.
5. Pouring, or spilling a slippery substance on the road is an infringement offence with a fee of $600, or if proceeded with in Court, a fine not exceeding $3,000.

Vehicle Impoundment

When a Police officer believes on reasonable grounds that a vehicle has been operated in an illegal street race, an unnecessary exhibition of speed, or a burnout, the officer may impound the vehicle for 28 days at the owner's expense - effective immediately.

If a vehicle is impounded it will be ordered off the road until it gets a new warrant of fitness. In this case the new warrant can only be issued by an approved vehicle testing station run by the NZAA, On Road NZ, Vehicle Testing NZ, or Vehicle Inspection NZ. These agencies are listed in local telephone books.

Frequently asked questions

Please Note: This is intended to provide general information about the Act but is not a substitute for legal advice. If you are charged or have your vehicle impounded under this Act, you may wish to seek legal advice.

General

1. What is the purpose of the Act?

   The Act is intended to increase the powers of Police and the Courts to deal with unauthorised street racing, drag racing, wheel spinning and other stunts involving motor vehicles on roads.

   These activities are a problem in the larger cities and in some other centres, sometimes involving illegally modified cars. Diesel may be poured on the road to aid wheel spins. This damages the surface of the roads and may endanger other motorists who later use the road.

   Generally these activities occur late in the evening and in the early hours of Saturday and Sunday mornings, disrupting the sleep of local residents. Local businesses have reported vandalism to properties and intimidation of staff and security guards.

2. How does the Act tackle this problem?

   The Act states that a person must not, unless authorised by law, operate a vehicle:

   • in a race or an unnecessary exhibition of speed or acceleration;
   • in a manner causing it to undergo sustained loss of traction (i.e. spinning the wheels), without reasonable excuse.

   Also, a person must not, without reasonable excuse, pour or allow to spill onto a road any diesel or other substance (e.g. liquid soap) likely to cause a vehicle to lose traction.

3. Does the Act prohibit all races - such as the Wanganui Motorcycle Race, any car club rally or even the Energywise Rally?

   No. If a race is "authorised by law", it is permitted. "Authorised by law" means:

   Either: The race takes place on a road which has been closed for that purpose by Transit New Zealand or the local council (such as the roads closed by the Wanganui District Council for the Wanganui Motorcycle Race)

   Or: The vehicle complies with the speed limit; and the operator of the vehicle does not contravene any other enactment that applies to the operation of the vehicle (e.g. the driver must not drive the vehicle recklessly).

   The Energywise Rally or any lawful car club event would be permitted under this provision.

4. If my car skids while I am braking, will I be committing an offence?

   You are allowed a "reasonable excuse". This would depend on the facts of each case but might include ice on the road which has caused the wheels to spin, or the vehicle to slide or the need to make an emergency stop and so cause the car to skid.

5. What about the rally driver who does a "four wheel drift" around a corner?

   Wheel spinning is permitted if it takes place on a road which has been closed for that purpose (such as a road closed for the Rally of New Zealand).

6. If the Police find someone racing or performing wheel spins, what will they do?

   An officer may either:

   • charge the person (i.e. the person has to go to Court); or
   • charge the person AND impound the vehicle.

   Alternatively, the officer may choose simply to issue a warning.

7. Won't this Act simply move the problem off public roads onto supermarket car parks, beaches, etc?

   In traffic law, "road" means, in addition to formed public roads, "a beach, and a place to which the public has access, whether as of right or not." Therefore, the Act applies to a wide range of locations, and this may include supermarket carparks or other customer carparks.

   Powers of the Police - Impoundment

8. If the officer impounds the vehicle, how long will it be kept for?

   The vehicle will be impounded for 28 days.

9. Where will impounded vehicles be kept?

   The Police approve local firms as "storage providers" to provide safekeeping for all impounded vehicles.

10. Who pays the cost of towing the vehicle to the storage area and who pays the cost of storing the vehicle for the 28-day period?

    The owner of the vehicle pays these charges. Towage and storage charges are set by law and will be around $350, but may be more, depending on the time when the tow was undertaken and the distance involved.

11. What is to stop someone whose car has been impounded from simply buying another one?

    Nothing. But if that person is convicted of a "racing" offence, the Court must disqualify the person from driving. If the person is caught driving while disqualified, the new vehicle would be impounded under the existing impoundment regime and the person is likely to be charged for driving while disqualified.

12. What happens to vehicles which have been illegally modified?

    When a vehicle is impounded for "racer" offences, its Warrant of Fitness is automatically cancelled. This means that, on release from impoundment, the vehicle will have to undergo a new Warrant of Fitness inspection and any illegal modifications (lowered suspension, extra lights, noisy exhausts, etc) will have to be rectified.

13. If a car is impounded, can the owner get it back before the end of the 28 days?

    Only in limited circumstances. If the Police decide not to prosecute the person

    operating the vehicle, or if the person is acquitted of the charge, the vehicle must be released to the owner.

    In addition, the owner of the vehicle can appeal to the Police against the impoundment on certain grounds. The grounds are that:

    • The owner did not know or could not be expected to know that the operator of the vehicle would contravene the prohibition on racing, etc;
    • The owner took all reasonable steps to prevent the operator of the vehicle from contravening the prohibition on racing, etc.
    • The impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or
    • The enforcement officer who seized the vehicle did not have reasonable grounds to believe that the operator of the vehicle was contravening the prohibition on racing, etc; or did not comply with the prescribed notice requirements.

    If the Police do not allow the appeal, the owner of the vehicle can appeal to the Court.

14. If, following successful appeal to the Police or the Court, my vehicle is released from impoundment, will a person still have to pay the towage and storage fees?

    If the appeal was successful because the enforcement officer who impounded the vehicle did not have reasonable grounds to believe that the person operating it was committing a street racer offence, you will not be liable to pay the towage or the storage fees.

    If the appeal was successful because your vehicle was stolen at the time it was impounded, you will not be liable to pay the storage fee.

    If your appeal was successful for any other reason, you will not be liable to pay for the first 3 days of the vehicle's storage."

    Examples

    1. If my child borrowed my car with my permission and then got caught racing by the Police and the Police impounded my car, could I get it back without having to wait 28 days?

       There may be grounds for appeal. You would need to show that you did not know or could not reasonably be expected to know that your child would go racing in your car.

    2. If my child borrowed my car without permission and the car got impounded, could I get it back before the end of the 28-day period?

       There may be grounds for appeal. You would need to show that the car had been "converted" - i.e. taken without permission. However, in such a case the Police may wish to charge your child with car conversion.

    3. If an employee who was allowed to take a company vehicle home used it for racing and the Police impounded it, could the company get the vehicle back before the end of the 28-day period?

       This is the same as example A. The company would need to show that it did not know or could not reasonably be expected to know that the employee would go racing.

    4. But if the employee already had had the company car impounded once before for "racing" offences, would the company get the vehicle back before the end of the 28-day period?

       It may be more difficult in that case for the company to argue successfully that it did not know or could not reasonably be expected to know that the employee would go racing.

Powers of the Courts

15. What happens to a person who is convicted of operating a vehicle in an unauthorised race or performing wheel spins?

    The penalties are the same as the penalties for reckless or dangerous driving:

    1. If no-one is injured -
       • The Court may sentence a person to a maximum of 3 months' imprisonment or a fine not exceeding $4,500; and
       • The Court must disqualify the person from driving for 6 months or more;
    2. If someone is injured or killed -
       • The Court may sentence a person to a maximum of 5 years' imprisonment or a fine not exceeding $20,000; and
       • The Court must disqualify the person from driving for 1 year or more.

       In addition, the Court may confiscate the vehicle if it wishes.

16. What happens if a person is convicted a second time?

    If the person is convicted for "racing" offences committed twice within 4 years, the Court must confiscate the vehicle (except in cases of extreme hardship).

17. What happens to a vehicle which is confiscated?

    The vehicle will be sold. The proceeds would be paid out in the following order:

    • The costs of the sale, including seizure, towing and storage;
    • Payment of any sum owing on the vehicle;
    • Any outstanding fines;
    • The offender.
18. What is the difference between impounding and confiscating a vehicle?

    A vehicle which is impounded by Police must be released to the owner on payment of fees after 28 days, or earlier in some circumstances, as explained above. Only a Court can confiscate a vehicle. A confiscated vehicle is not returned and its owner is not allowed to own or part-own a vehicle for a year.

    Pouring diesel, oil or other slippery substances on a road

19. What happens if a person is caught pouring diesel or other slippery substances on a road without reasonable excuse?

    The Police may serve the person with a $600 infringement notice. The person may either pay the $600, or choose to defend the charge in Court.

    Alternatively the Police may take the person to Court, which may impose a fine of up to $3000.

20. What is a "reasonable excuse" for pouring substances?

    This would depend on the facts of the case. For example, the use of detergents (which are slippery substances) by road contractors to clean up an accident site or chemical spill may be a "reasonable excuse".

21. What about noisy vehicles?

22. The existing legislation regarding noisy vehicles will continue to apply. If any vehicle's exhaust is considered to be louder than the original exhaust that was fitted by the manufacturers, the vehicle can be given a "green sticker". Vehicles that are given a "green sticker" must apply for a new Warrant of Fitness. The new warrant can only be issued by an approved vehicle testing station run by the NZAA, On Road NZ, Vehicle Testing NZ, or Vehicle Inspection NZ. These agencies are listed in local telephone books.

    For further information read Noisy exhausts and the warrant of fitness inspection from the Land Transport Safety Authority

    
    The "Boy Racer" Act does not apply to street or car races which are authorised by law or held in legally designated areas - use them.