Track mode and the law explained

Is track mode illegal?

As modern performance cars have become faster and more complex, car companies have developed race track-specific driving modes as part of the search for the ultimate in speed and handling.

These more dynamic modes are great in the right circumstances but, as the name implies, are designed for the track and not the road.

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Unfortunately it isn’t as simple as answering the question ‘is track mode illegal’ because there are some key differences between each state, but there’s also a grey area around the systems themselves.

What is track mode?

Each car company will do it differently, but in general track modes are meant to set the adaptive areas of modern cars to the more dynamic settings. That means sharper throttle response, firmer suspension, different power steering weight, freeing up the exhaust.

What has happened recently to draw attention to the legality of track mode?

There have been two high-profile incidents that have highlighted this issue. A tragic accident in South Australia in 2019 saw a driver lose control of his Lamborghini when it was in ‘sport’ setting with the electronic stability control reduced, resulting in the death of a 15-year-old pedestrian.

The other was a far less serious case in the USA back in October 2022, where a Californian driver was pulled over by the police because they believed the exhaust was too loud in ‘N mode’ and defected the car.

In general, track modes are meant to set the adaptive areas of modern cars to the more dynamic settings.

What is the problem with track mode?

In the case of the Hyundai owner, the N mode opens a valve in the exhaust, increasing the volume of the exhaust beyond a level the police officer felt was acceptable.

However, this was a controversial interaction by the police, with critics arguing ‘track mode’ is not illegal and the Hyundai is certified for road use in California.

The situation in South Australia is very different as the driver reportedly had switched to sports mode and disabled the electronic stability control, making the handling less predictable.

In the case of the Hyundai owner, the N mode opens a valve in the exhaust, increasing the volume of the exhaust beyond a level the police officer felt was acceptable.

Why is track mode illegal in the US?

Given the complex nature of the USA’s political and legal structure this isn’t a black and white issue. While the incident in California in 2022 highlights the issues around using track mode on the road, most other states do not have laws specifically banning it.

As modern performance cars have become faster and more complex, car companies have developed race track-specific driving modes.

What are the consequences of using track mode?

Using any race track setting that reduces the stability control system puts you at a greater risk of an accident.

Electronic stability control has been mandated by governments around the world for a reason.

The system helps save lives and most modern track modes or sports modes don’t disable it. That requires further action from the driver making it clear they are switching off a potentially life-saving safety device.

Track modes come with sharper throttle response, firmer suspension, different power steering weight, freeing up the exhaust.

What about in Australia? Is track mode legal?

There aren’t specific rules banning ‘track modes’ in cars on the public road. While the systems are optimised for race track use, they must still meet the relevant regulations for road-legal cars and therefore are not illegal.

Using any race track setting that reduces the stability control system puts you at a greater risk of an accident.

What are the laws in each state when it comes to track mode?

While ‘track modes’ are not illegal per se, there is one major difference in South Australia. Tougher laws were introduced in August 2023, following the tragic incident detailed above, restricting drivers of “ultra high-powered” cars from disabling any automated intervention system.

While this doesn’t specifically ban ‘track modes’ that retain electronic stability control, drivers can no longer legally turn that function off while on the public road.

As for the question of noise from the exhaust, that’s a different matter. The Hyundai i30 Sedan N (sold as the Elantra N in the USA) features the rally-inspired ‘snap, crackle, pop’ effect from the exhaust when in track mode and this clearly upset the police.

While the Hyundai system was approved by US regulators, driving a car with a modified exhaust, such as with no muffler, is illegal around Australia.

Drivers can no longer legally turn the electronic stability control function off while on the public road.

What are the consequences if you do not comply with the law?

Cars with modified parts specific for race circuit use will be defected by law enforcement and won’t be legal to drive on the road.

While dangerous driving using disabled sports mode settings in South Australia could land you in jail for up to 12 months and have your licence suspended for at least six months.