If you receive a traffic infringement for an offence that was ‘camera-recorded’ and you were not driving the vehicle at the time of the offence, you are able to nominate another driver in NSW.

If successful, your fine will be cancelled and a new fine will be sent to the person named, with the demerit points also assigned to them.

This can be done online via the Revenue NSW website, or by providing a signed and witnessed statutory declaration and mailing this to Revenue NSW.

The information required includes the person’s full name, address, and date of birth.

It will also include their driver licence number and the state their licence was issued in or their passport number and country of issue if you are nominating an international driver.

Revenue NSW may also seek further evidence, beyond this.

If you are unsure as to who was driving your car, you are able to view the camera image or images of the offence online, via the Revenue NSW website, to discern this.

However, it is important to note that the cameras are designed to capture number plates and thus may not show the driver’s face in all images.

You must lodge the nomination within 21 days of being issued with the penalty notice related to a camera recorded offence.

Camera recorded offences include those related to a speed, red-light, mobile phone, or bus lane camera.

Offences related to nominations are contained within section 188 of the Road Transport Act 2013 (NSW).

Notably, if a camera recorded offence occurs in relation to a company vehicle, the company is required by law to nominate the driver and penalties apply if this does not occur.

For a company, a penalty infringement notice (fine) of $1,528 is issued for a first offence, which rises to $4,097 for a second or subsequent offence.

Where repeated offences occur, it is likely that Revenue NSW will refer the matter to Court.

Where the matter is listed at Court, the maximum penalty is a $22,000 fine for corporations.

They can also refer the matter to Transport NSW, who are able to suspend the company vehicle’s registration due to non-compliance.

Individuals also have a duty to nominate the correct driver if they were not responsible for the offence.

If they fail to do so, a penalty infringement notice of $723 is applicable. If the matter proceeds to court, it carries a maximum penalty of a conviction and $5,500 fine.

A defence will be applicable where the person who received the penalty infringement notice did not know who was driving and could not, with reasonable diligence, have ascertained the nomination details.


Falsely Nominating A Driver in New South Wales | False Statutory Declarations

It is important to ensure all details are accurate on a nomination, as falsely nominating another driver is an offence.

A penalty infringement notice of $1,528 is applicable for a corporation, whereas a penalty infringement notice of $723 is applicable for an individual.

Where the matter is listed at court, the maximum penalty is a conviction and $11,000 fine for individuals, and a $22,000 fine for corporations.

A nomination will also be considered ‘false’ if the nomination details supplied are false.

Revenue NSW closely monitor submitted nominations to ascertain whether they are fraudulent.

As nominations also often involve statutory declaration, it is important to note that falsely executing a statutory declaration is a criminal offence which caries a maximum penalty of 5 years imprisonment, as per section 25 of the Oaths Act 1900 (NSW).

This is a ‘table 1’ offence which means that it will be dealt with in the Local Court, unless the prosecutor or person charged elects for it to be heard in the District Court.

In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $5,500 fine.

Drivers have previously been warned by Revenue NSW against ‘selling’ their demerit points, or else they can face these hefty fines.

This involves drivers offering themselves to be nominated and receive the fine/demerit points, for offences they did not in fact commit, in return for payment.

By Poppy Morandin

AUTHOR Criminal Defence Lawyers Australia

Criminal Defence Lawyers Australia are Leading Criminal Defence Lawyers, Delivering Exceptional Results in all Australian Courts.

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