This article was written by Sally Crosswell

Sally Crosswell has a Bachelor of Laws, a Bachelor of Communication and a Master of International and Community Development. She also completed a Graduate Diploma of Legal Practice at the College of Law. A former journalist, Sally has a keen interest in human rights law.

Dealing With a Speeding Fine and Points (VIC)


Speeding offences in Victoria are governed by the Road Safety Act 1986 and the Road Safety (Drivers) Regulations 2009. When a vehicle is detected speeding in Victoria, a ticket is issued to the registered owner of the vehicle. A common query is “Can someone else take my speeding points?” If you receive a ticket for speeding and were not the driver of the vehicle at the time of the offence, the fine and demerit points can be transferred to the person who is responsible. This article outlines the process for doing this.

Can someone else take my speeding points?

If you want to transfer a fine and speeding points to someone else, you can submit an online nomination via Fines Victoria’s ‘Nominate a Driver’ service. This should be done within 21 days of the Infringement Notice date.

Individuals

You can nominate another person as the person responsible if:

  • another person was driving the vehicle at the time of the offence;
  • you sold or disposed of the vehicle before the offence;
  • the vehicle or number plates attached to the vehicle were believed stolen at the time of the offence;
  • you were incorrectly nominated as the driver;
  • the driver’s identity cannot be established.

You cannot nominate another driver if the fine is for a drug or drink-driving offence or if your vehicle was unregistered at the time.

It is an offence to provide false or misleading information when nominating another driver. You can be fined more than $9000 and lose your licence.

Companies

If a fine and speeding points are received for a company vehicle, a driver must be nominated.

A nomination can also be submitted if:

  • another company was in possession of the vehicle at the time of the offence;
  • the vehicle was sold or disposed of before the offence;
  • the vehicle or number plates on the vehicle were believed stolen at the time of the offence;
  • the company was incorrectly nominated for the fine.

If a driver is not nominated, the company will remain liable for the fine. After three or more offences in 12 months, the company may be fined more than $17,000, whether the fines are paid or not.

Not knowing who was driving the vehicle at the time of the offence is not considered a reasonable excuse.

Apply for an internal review

Section 22 of the Infringements Act 2006 allows you to request an internal review.

A review can be sought on the following grounds:

  • the speeding ticket was issued contrary to law;
  • the ticket involves a mistake of identity;
  • there were special circumstances (such as mental illness, homelessness, drug dependency or family violence) when the ticket was issued;
  • your conduct at the time the ticket was issued could be excused as exceptional.

After a review, Victoria Police can decide to:

  • withdraw the fine and speeding points;
  • withdraw the fine and speeding points and instead issue an official warning;
  • refer the matter to the Magistrates’ Court;
  • waive or vary fees or additional steps related to the fine;
  • confirm its decision and issue a fine.

Challenge the fine and speeding points in court

If you’ve been charged with speeding, you can contest the accuracy of the speed detection device or the way in which it was used.

However, you should seek legal advice before electing to challenge a speeding infringement in court, because this is a complex area of law and can be costly.

To elect to have the matter dealt with at court, you must complete Part C on the back of the infringement notice and return it to Fines Victoria.

Demerit points

Demerit points are recorded at the time of the offence but will be applied only when:

  • the infringement is paid, in full or part;
  • an Enforcement Order is issued; or
  • the offence is found proven before a court.

VicRoads is responsible for recording demerit points against a licence holder.

If the fine is not paid

If you do not pay the fine by the due date, a Penalty Reminder Notice will be sent. It will add $25.80 to the fine and allow you an additional 14 days to pay it.

After the 14 days has expired, you will no longer be able make a nomination and a Final Notice of Demand will be issued, adding $133.40 to the fine, and requiring you to pay the fine within 21 days.

If you still do not pay the fine, the Magistrates’ Court can issue an enforcement warrant, adding $58.40 to the fine and allowing the Sheriff to:

  • seize and sell your personal property;
  • wheel clamp your vehicle;
  • remove number plates from your vehicle;
  • arrest you.

Fines Victoria can also instruct VicRoads to apply sanctions such as suspending or preventing renewal of your driver’s licence or vehicle registration. It is a serious offence to drive an unregistered vehicle or with a suspended licence.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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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