Failing to Nominate the Driver of a Vehicle
When a car is detected speeding by a red light or speed camera, the fine will be sent to 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 the operator will be liable for the fine and demerit points. The operator can also be prosecuted for failing to nominate.
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 Revenue NSW website. It is a common misconception that the person you are nominating must sign the form; all you need to complete the form is to have your signature witnessed by a lawyer or Justice of the Peace. If Revenue NSW 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). If you don’t lodge your nomination in time, Revenue NSW 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.
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 $11,000.
- If the vehicle is registered to any other type of entity (for example a business or company) the maximum penalty is $22,000.
For advice or representation in any legal matter, please contact Armstrong Legal.