Participating in a street race, or in preparations for a proposed street race, is an offence under Section 19AD of the Criminal Law Consolidation Act 1935 (SA). You can also be guilty even if the race never actually took place.
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Indictable offence
Magistrates Court of South Australia
Maximum penalty 5 years imprisonment
Licence disqualification at least 1 year
Street Racing Key Facts
| Offence |
Participating in, promoting, or preparing for a street race on a road or road-related area, under s 19AD of the Criminal Law Consolidation Act 1935 (SA). This includes racing, drag racing, timed trials, sustained wheel spins, or performance tests between 2 or more vehicles. A person can be guilty whether or not the race actually takes place. A “street race” includes: - A race between 2 or more motor vehicles (drag race or otherwise). - A timed trial between two points. - A competition or display involving 2 or more vehicles producing sustained wheel spin. - A trial of speed, performance, or driver skill. |
| Maximum Penalty |
First offence (basic): 3 years imprisonment and at least 1-year licence disqualification. First offence (aggravated): 5 years imprisonment and at least 3-year licence disqualification. Subsequent offence: 5 years imprisonment and at least 3-year licence disqualification. Licence disqualification is mandatory and cannot be reduced or substituted. Any current licence is cancelled. |
| Typical Sentence | Basic first offences may attract suspended imprisonment or community orders if no injuries occurred. Aggravated or repeat offences almost always result in actual prison terms, often ranging from 12 months to several years, alongside lengthy licence disqualification. |
| Which Court? | Street racing is an indictable offence. Cases usually seen in the Magistrates Court of South Australia. |
| Process Timeline |
Police detection (including undercover operations or CCTV) → Charge and Instant Loss of Licence → Bail consideration → Trial or guilty plea in Magistrates Court → Sentencing. (Average: 6–12 months depending on complexity) |
| Possible Defences |
1. Not a street race: Conduct did not meet the statutory definition. 2. No participation: Accused did not drive, promote, or assist in the race. 3. Lack of intent: No intention to promote or assist the event. 4. Authorised event: The driving took place in a permitted, sanctioned, or private setting. 5. Identity: Prosecution cannot prove the accused was the driver or promoter. |
| What The Prosecution Must Prove |
- That a street race (as defined) occurred, or was being prepared. - That the accused either drove in, promoted, or assisted in the race. - That the conduct was not part of an authorised or permitted event. - If aggravated: one or more aggravating circumstances existed (e.g., passengers, defective vehicle, night-time racing, poor traction/visibility). |
Street Racing Case Scenarios
Below are examples of how street racing may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A driver was filmed by police drag racing another car from traffic lights at 80 km/h in a 60 km/h zone. No crash occurred, and no passengers were present.
What to expect:
Convicted of basic street racing. The Court imposed a 12-month suspended sentence and 12-month licence disqualification.
Mid-Level Offence
Scenario:
Two drivers were caught conducting rolling burnouts side by side late at night on a wet suburban road, both carrying passengers.
What to expect:
Convicted of aggravated street racing (night-time + passengers + poor traction). The Court imposed 2 years’ imprisonment and a 3-year licence disqualification.
High-Level Offence
Scenario:
A repeat offender, previously convicted of reckless driving, was found organising and livestreaming a street racing event. He also drove in one of the races.
What to expect:
Convicted of a subsequent offence of street racing. The Court imposed 4 years’ imprisonment and a 5-year licence disqualification.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Street Racing FAQ’s
If you need more information about street racing in South Australia, these FAQs answer the most common questions.
What is street racing under South Australian law?
Street racing includes drag races, timed trials, burnouts, or any performance test between 2 or more vehicles on public roads.
Is street racing a criminal offence or just a traffic fine?
It is a criminal offence under s 19AD of the Criminal Law Consolidation Act 1935 (SA).
What is the maximum penalty for street racing?
Up to 3 years’ imprisonment for a basic first offence, and up to 5 years’ imprisonment for aggravated or subsequent offences.
What is an aggravated street racing offence?
Aggravation applies if you race with passengers, at night, in poor visibility or traction, or in a vehicle with known major defects.
Do you lose your licence if convicted of street racing?
Yes. Disqualification is mandatory with at least 1 year for a basic first offence, at least 3 years for aggravated or subsequent offences.
Can the court reduce the licence disqualification period?
No. Unlike some offences, the disqualification period for street racing cannot be reduced, mitigated, or substituted.
Can I be convicted of street racing even if the race didn’t happen?
Yes. Being involved in planning, promoting, or assisting a proposed race is enough for conviction.
What counts as “promoting” a street race?
This includes organising, advertising, livestreaming, or offering inducements for others to race.
What if the race happens on private property or a sanctioned track?
The law only applies to races on public roads or road-related areas. Sanctioned events on private tracks are excluded.
What is the difference between street racing and reckless driving?
Reckless driving involves dangerous driving generally, while street racing specifically involves competitive racing or organised vehicle trials.
Can passengers be charged in street racing cases?
Yes, if they are shown to have promoted, encouraged, or assisted in the street race.
Can a burnout be considered street racing?
Yes. If it involves two or more vehicles in competition or display with sustained wheel spin, it can be prosecuted as a street racing offence.
What if the race happened on private land?
Street racing offences only apply to roads or road-related areas. If the event occurs entirely on private land with the owner’s consent, it may not be captured by s 19AD.
Can spectators be charged with street racing?
Spectators are not charged simply for watching, but if they promote, organise, livestream, or otherwise assist, they may be liable.
Will I lose my licence immediately if charged with street racing?
The court will impose disqualification upon conviction. While an Instant Loss of Licence (ILOL) applies in other offences like extreme speed, for street racing the disqualification takes effect once sentenced.
Can I defend a street racing charge?
Defences may include denying participation or promotion, challenging whether the conduct meets the legal definition of a “street race”, or establishing that it occurred on private property with consent.
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