§291C-103  Racing on highways.  (a) 
Except as provided in section 291C-149, no person shall drive any vehicle in
any race, speed competition or contest, drag race or acceleration contest, test
of physical endurance, exhibition of speed or acceleration, or for the purpose
of making a speed record, and no person shall in any manner participate in any
race, competition, contest, test, or exhibition prohibited by this section.



(b)  "Drag race" means the operation
of two or more vehicles from a point side by side at accelerating speeds in a
competitive attempt to outdistance each other, or the operation of one or more
vehicles over a common selected course, from the same point to the same point,
for the purpose of comparing the relative speeds or power of acceleration of
the vehicle or vehicles within a certain distance or time limit.



(c)  "Racing" means the use of one or
more vehicles in an attempt to outgain, outdistance, or prevent another vehicle
from passing, to arrive at a given destination ahead of another vehicle or
vehicles, or to test the physical stamina or endurance of drivers over long
distance driving routes.



(d)  "Exhibition of speed or
acceleration" means the sudden acceleration of a vehicle resulting in the
screeching of the vehicle's tires which is done to intentionally draw the
attention of persons present toward the vehicle.



(e)  Any person who violates this section,
except subsection (d), shall be fined not more than $500 or imprisoned not more
than six months, or both.  Any person who violates subsection (d) shall be
fined not more than $500 or be sentenced to perform community service, or both.



(f)  Any
person who violates this section while operating a vehicle at a speed exceeding
the posted speed limit by thirty miles per hour or more shall be subject to a
fine of not more than $2,000, a term of imprisonment of not more than one year,
or both; provided that the following additional penalties shall also apply:



(1)  For an
offense that occurs within five years of a prior conviction, a one-year license
suspension;



(2)  For an
offense that occurs within five years of two prior convictions:



(A)  A
three-year license suspension; and



(B)  A
vehicle owned by the defendant and used in the commission of the offense which
has been used in at least two prior offenses that resulted in convictions may
be ordered by the court to be subject to forfeiture under chapter 712A;



(3)  For all offenses under this section, a surcharge
of up to $100 may be deposited in the trauma system special fund if the court
so orders. [L 1971, c 150, pt of §1; am L 1984, c 273, §9; am L 1989, c 151,
§1; am L 2002, c 261, §1; am L 2008, c 231, §14]



 



Case Notes



 



  "Exhibition of speed and acceleration" not
established where there was screeching of tires as defendant accelerated during
a turn.  67 H. 95, 678 P.2d 1081.



  Police not justified in stopping defendant for violating this
section where defendant revved engine of vehicle and caused heavy exhaust smoke
to be emitted while stopped at traffic light.  78 H. 98 (App.), 890 P.2d 685.