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    Misuse of a motor vehicle

    Elements of the offence

    A person misuses a motor vehicle if the person does any of the following:

    • operates a motor vehicle so as to produce sustained wheel spin, or
    • drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity, or
    • drives a motor vehicle onto a park or garden or other road related area so as to break up the ground surface or cause other damage.

    [See Road Traffic Act 1961 (SA) s 44B]

    Unless it is done with the consent of the owner, occupier or person in control of the place, misuse of a motor vehicle is a criminal offence. This offence may include conduct such as drag racing, “wheelies” and so on. The provisions that deal with these offences and that of emitting excessive noise from a motor vehicle are often referred to as "hoon" laws.

    Penalties

    A person who is found guilty of the offence is punishable by a fine of up to $2,500 [Road Traffic Act 1961 (SA) s 164(A)(2)]. The offence also carries a penalty of 4 demerit points [Motor Vehicles Regulations 2025 (SA) Sch 4 Part 2(4)].

    Compensation for damage

    A person found guilty of this offence will also be ordered by the court to pay compensation for any damage caused to property [Road Traffic Act 1961 (SA) s 44B(5)].

    Police powers to impound vehicles

    Police officers have the power to seize and impound a motor vehicle involved in the commission of the offence [see Clamping, impounding, seizure and forfeiture offences].

    Misuse of a motor vehicle  :  Last Revised: Tue Sep 16th 2025
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