Misrepresenting or deceiving the identity of the driver of your vehicle, whether intentionally or fraudulently, is a grave violation that can lead to significant financial consequences. Individuals found guilty of falsely nominating a driver can face a maximum penalty of $11,000, while companies engaging in such conduct can be subject to a maximum penalty of $22,000.
Accordingly, falsely nominate another person for an infringement notice can result in severe consequences.
A nominated driver is an individual identified as the operator of a registered vehicle when a traffic offense occurs. If any camera-detected offenses take place, they will be automatically sent to the vehicle owner, who then bears the responsibility of nominating the accountable person.
To nominate a driver, you have the option to utilize the NSW government’s myPenalty webpage. This online platform will require your personal information, driver’s license number, penalty notice number, and the date of the offence. If you are nominating an international driver, you may also need to provide their passport number.
Additional evidence, such as a statutory declaration, may be necessary in certain cases. This can be submitted in person, in court, or through the webpage. You have the convenience of tracking the progress of your nomination by logging back into the webpage.
Revenue NSW will carefully assess your nomination and may reach out to you for further clarification if needed. If your nomination is successful, the fine will be transferred to the nominated person. However, if you fail to provide sufficient information about the driver, your nomination may be rejected.
It is important to nominate another driver if you were not the one driving the vehicle at the time of the offense or if the offence was captured by a camera. Conversely, if you personally received the fine, there is no need to nominate another driver.
A statutory declaration refers to a document containing written or electronic statements of factual information, which you sign in the presence of an authorised witness. It serves as a means to authenticate personal details or provide a formal statement, and it holds the potential to be utilised as evidence in criminal or civil proceedings.
Engaging in the act of making a False Statutory Declaration is a violation as stipulated under Section 25 of the Oaths Act 1900, carrying a maximum penalty of 5 years of imprisonment.
To establish the offense, the prosecution is required to demonstrate beyond reasonable doubt the following elements:
A “statutory declaration” refers to a declaration made in accordance with the authority granted by an Act of Parliament, relating to public offices, departments, regulations, or revenue. This provision applies to all declarations that are legally required to be authorised by:
When an individual receives a traffic infringement for a “Camera-Recorded” offence that they were not responsible for (meaning they were not driving the vehicle when the offence occurred), it becomes their duty to promptly nominate the correct driver within 21 days of receiving the penalty notice. This obligation is outlined in Section 186 of the Road Transport Act 2013.
Failure to fulfil this duty can result in being charged with the offence of “fail to nominate the driver of a vehicle.” The same obligation applies to companies that have vehicles registered under their name, as they must also nominate the correct driver within 21 days.
If a nomination is made after the 21-day timeframe or if an individual fails to nominate the driver altogether, they may face consequences such as receiving a penalty notice or being issued a Court Attendance Notice for the offence of “Failure to Nominate,” as stated in Section 188 of the Road Transport Act 2013.
Accordingly, once the 21-day period has elapsed without nominating another person for the offense, the law assumes that the driver of the vehicle is the responsible party, and the offense along with the corresponding demerit points will be attributed to them.
In the event that the 21-day time frame to make a nomination is missed, Revenue NSW is authorised to issue a penalty notice or a Court Attendance Notice for the failure to nominate. These cases often proceed to prosecution when no nomination is made or when a nomination is submitted significantly beyond the 21-day limit.
However, there are circumstances where Transport NSW may exercise their discretion and choose not to pursue prosecution for the failure to nominate if the responsible person misses the deadline and makes a nomination after the 21-day period.
The penalties for the offence of “fail to nominate the driver” vary depending on whether it is a first or second offense and whether the offender is an individual or a corporation.
If you are facing allegations of driving offences, falsely nominating another driver, or failing to nominate a driver, our dedicated team of traffic lawyers is here to provide assistance.