Failing to Nominate the Driver of a Vehicle


When A Car Is Caught By A Red Light Or Speed Camera The Fine Will Be Sent To The Person Who Is The Registered Operator Of The Vehicle. If Another Driver Is Responsible For The Offence It Is Important That The Operator Notifies The Authorities Quickly, Otherwise They Will Be Liable For The Fine And Demerit Points. They Can Also Be Prosecuted For Failing To Nominate.

Camera Offences – What if I’m Not the Driver?

If a car that is registered in your name is caught by a speed or red light camera the penalty notice or court attendance notice will be sent to you. If you were not the driver, the offence can be transferred to the person responsible for it.

How do I Transfer the Fine?

You must lodge a statutory declaration nominating the person who was in charge of the vehicle at the time of the offence. You can obtain a copy of the statutory declaration from the SDRO website.

It is a common misconception that the person who you are nominating needs to sign the form. This is not true. All you need to complete the form it to have your signature witnessed by a lawyer or Justice of the Peace.

If the SDRO receives the nomination in time they will withdraw your penalty notice and issue a new one to the nominated person.

You Need to Make Your Nomination Quickly

You must lodge the nomination within 21 days of being served with the penalty notice (the law assumes that you received it 7 days after it was posted).

What if I Don’t Nominate in Time?

  • If you don’t lodge your nomination in time the SDRO will usually refuse to accept the nomination. You will then be taken to be guilty of the offence as if you were the actual driver. This means that you have to pay the fine and will incur the demerit points.
  • It is also an offence to fail to nominate the person in charge of the vehicle if you were not the driver at the time of the offence, unless you did not know and could not have found out the name and address of the person. The Roads and Maritimes Service often prosecutes people in Court for not nominating in time.

What if I Nominate the Wrong Person?

It is an offence to falsely nominate another person as being in charge of the vehicle at the time of the offence.

A court can impose the following penalties for this offence:

  • If the vehicle is registered to a person the maximum penalty is $5,500
  • If the vehicle is registered to any other type of entity (for example a business or company) the maximum penalty is $11,000.

 

 

WHERE TO NEXT?

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

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