What the law says
Section 291 of the Transport Operations (Road Use Management – Road Rules) Regulation Queensland states:
(1) A person must not-
- (a) start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke; or
- (b) wilfully start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
(1) The accused started or drove a vehicle; AND
(2) The vehicle made unnecessary noise or smoke in the process of starting or driving the vehicle.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum penalty
Maximum penalty-20 Penalty units
Note the Police have power to impound or forfeit your vehicle for repeat offence. For more information please click here.
Penalty unit = $100.00
Which court will hear the matter
This matter is an infringement of a regulation rather than an offence and will not be heard in court unless you choose to appeal the matter or you fail to pay the fine, in which case the matter will be heard in the Magistrates Court.
Possible defences
Possible defences to this offence include but are not limited to
1. The accused did not in fact make unnecessary noise or smoke in the process of starting the vehicle.
2. The accused did not in fact make unnecessary noise or smoke in the process of driving the
3. Duress example: there was a threat of harm against the accused or another person that the accused reasonably believe would be carried out if he/she did do the act/s that constitute the offence.
4. Necessity/Accident – example: there was an extraordinary emergency that compelled the accused to drive in a manner that resulted in unnecessary noise or smoke.
5. Insanity.
6. Identification i.e. the driver was not the accused.
7. Mistake of fact – example: the accused believed that circumstances existed that allowed him/her to drive in a manner that created noise and or smoke (i.e. believed that were involved in a legitimate event that involved drifting, burn outs etc.).