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

(b)  "Drag race" means the operationof two or more vehicles from a point side by side at accelerating speeds in acompetitive attempt to outdistance each other, or the operation of one or morevehicles 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 ofthe vehicle or vehicles within a certain distance or time limit.

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

(d)  "Exhibition of speed oracceleration" means the sudden acceleration of a vehicle resulting in thescreeching of the vehicle's tires which is done to intentionally draw theattention 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 morethan six months, or both.  Any person who violates subsection (d) shall befined not more than $500 or be sentenced to perform community service, or both.

(f)  Anyperson who violates this section while operating a vehicle at a speed exceedingthe posted speed limit by thirty miles per hour or more shall be subject to afine 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 anoffense that occurs within five years of a prior conviction, a one-year licensesuspension;

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

(A)  Athree-year license suspension; and

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

(3)  For all offenses under this section, a surchargeof up to $100 may be deposited in the trauma system special fund if the courtso 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" notestablished where there was screeching of tires as defendant accelerated duringa turn.  67 H. 95, 678 P.2d 1081.

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