after being caught paying another person to take all five of the demerit points she received for speeding past roadworks in the Cross City Tunnel, in 2019. David and Lucy were at home watching TV when Lucy started to experience severe stomach pain. In 2021, a penalty unit is $110, so if the maximum fine is 10 penalty units, that means it is $1,100. How Long Do You Have to Nominate Another Driver in NSW? This means your penalty notice will be issued as an enforcement order, without the $65 fee, so you can pay by instalment or a work and development order if you are eligible. Review Assist Guide. It is a common misconception that the person you are nominating must sign the form or agree to be nominated for the offence. This can include a fine of up to $10,000. Giving false information when nominating another person as the driver. For example, you have other existing debt with Revenue NSW. Lose access to the car This field is for validation purposes and should be left unchanged. Demerit Point Fraud Offences, Laws and Penalties in NSW, relating to traffic violations which differ depending on the nature and severity of the violation, however, falsely executing a statutory declaration is a criminal offence in NSW, and is punishable by up to five years in prison, according to, LY Lawyers offer services for all kinds of criminal matters, including traffic violations and fraud. If you do nothing about the penalty notice within that time, Revenue NSW will send you a penalty reminder notice to the address provided by the issuing authority or the address recorded with Transport for NSW, and you have a further 28 days to deal with the penalty notice. You should make sure you post the statutory declaration to Revenue NSWwell before the due date. Buy the car from you outright or 2. If you are out of time to nominate who was responsible. If someone else was driving the vehicle at the time of the offence; and, The offence was camera detected, rather than on-the-spot, The offence is not a camera detected offence. Once you nominate the driver, the fine may be transferred to the person you nominate. You shouldapply to nominate if: someone else was the driver responsible for the vehicle at the time of the offence you sold the vehicle to someone else or disposed of the vehicle before the offence date you believe the vehicle or number plates displayed on the vehicle were stolen you were incorrectly nominated as the responsible person If you are under 18 years of age, homeless, experiencing serious financial hardship, mental illness, intellectual disability or cognitive impairment or have a serious addiction, you may be eligible to pay off your fine through a WDO. You must name the person responsible within 21 days of receiving the penalty notice notice before the due date shown on the fine. That way she wouldnt have to pay additional enforcement costs and could pay a small amount every fortnight until the fine is paid. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Examples of Falsely Nominating Another Driver in NSW, Sydney Woman Fined $7000 for Speeding Fine Fraud. To find out, ask Revenue NSW or the issuing authority for more information about the offence. If youd like help, call 1300 888 529. My daughter received an infringement notice for speeding in which she was nominated by someone else. [* see Part 2.5] To go to court you can apply online or fill out a court election form, go to: www.revenue.nsw.gov.au/fines-and-fees/go-to-court and send it to Revenue NSW. - Serbian, Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali, Necesita ayuda con cuestiones jurdicas? (WA), Impounding and Confiscation of Vehicles (WA), Is Licence Disqualification Mandatory? How to nominate another driver You can nominate another driver online - you will need your penalty notice to do this. A Sydney man was fined $99,000 and slapped with a 12-month driving suspension after blaming a series of driving offences on a person who was proven to be overseas at the time. If you do not want to dispute a fine and you can pay it, then it is best to pay by the due date to avoid additional enforcement costs. Making a false nomination If you falsely nominate another person as the driver, serious penalties apply. For example, your car was parked in a no parking zone, You have had a good driving record for the last 10 years. Yesterday we received a letter saying that the complain statement was rejected due to the Enforcement Agency is not satisfied. You can be fined and have restrictions on your driver licence if you make a false nomination. It is an offence to not nominate the driver of a vehicle that has been involved in a. . This is only likely to happen if the driver you nominate denies they were the driver. If I told them I nominated a falsely person what's the trouble would I face? If you are out of time to nominate the responsible person, you should get Steps taken since the offence to avoid reoffending. download and complete the nomination statement form. You can nominate another driver at any time, even after enforcement. If the vehicle is registered to any other type of entity (for example a business or company) the maximum penalty is $11,000. Mr Newbury said it is an offence to falsely nominate another person for a driving offence or to knowingly accept responsibility for driving offences you did not commit. It is expected that the registered owner of the car notifies authorities to transfer the fines and demerit points to the person responsible. The one year period ends tomorrow and today in the mail I had just been caught on camera for speeding last week which could ultimately result in me losing my license. LawAccess NSW can refer you to your closest free legal service [* see Part 9]. You can tell Revenue NSW that you were not responsible for the vehicle when the offence took place. You can apply for early enforcement as soon as you get a penalty notice. What Happens if You Dont Nominate a Driver in NSW? We are Sydneys most trusted criminal lawyers and have offices throughout NSW. The judge was lenient in her fine but stated that those who defraud government agencies face jail time. Drivers who falsely claim someone else was behind the wheel at the time of an offence could be slapped with an $11,000 fine under harsh new penalties introduced in NSW parliament on Tuesday. Companies are required by law to nominate the driver of a company vehicle for camera-detected offences. In some circumstances where a responsible person has missed the time frame and nominates outside the 21 days, Transport NSW may exercise their discretion and decide not to prosecute for failing to nominate. Fines issued to company vehicles Companies are required by law to nominate the driver of a company vehicle for camera-detected offences. The new legislation doubles the maximum fines - from $5500 to $11,000 - for vehicle owners who shirk a penalty for speed camera and other camera-detected traffic offences by falsely nominating another driver. After you have lived at a new address for 28 days: Fill in an electoral enrolment form and send it to your Divisional AEC office or scan it and email it to [email protected]. You didnt know you had been issued with a penalty notice until you got the enforcement order, but only if the court election is made within reasonable time after receiving the enforcement order, You were prevented from doing anything about a penalty notice due to accident, illness or misadventure. As long as Revenue NSW has enough time to transfer the fine to the correct driver. You can nominate another driver online you will need your penalty notice to do this. As the responsible person for the vehicle, you have an obligation to nominate the driver who committed the offence. Copyright 2009-2022 Armstrong Legal. However, De Franca, 36, then nominated another person as being the driver at the time of the offence, which raised suspicions among officers. To find a local Justice of the Peace, see Finding a JP on the Department of Communities and Justice website. If you own the vehicle involved but were not driving or in control of it at the time of the offence, you can fill out and submit an online nomination through MyPenalty to let Revenue NSW know who was driving the vehicle, or who owns it. Family cross examination of parties scheme, Part 4: Enforcement action by Revenue NSW, Part 5: Responding to Revenue NSW enforcement action, Part 6: Extra help young people and First Nations people, Part 7: Demerit points and your driver licence, Part 8: Privacy and access to information, www.revenue.nsw.gov.au/fines-and-fees/request-a-review, www.revenue.nsw.gov.au/fines-and-fees/go-to-court, bank account or wages garnisheed (this means Revenue NSW take money out of every pay), taken to the Local Court for an examination summons or charge put on your land, $65 to Revenue NSW for a fine enforcement order ($25 if you are under 18), $40 to Transport for NSW for certain enforcement action, such as suspension of your driver licence, and. If you do not nominate the driver within 21 days, you are committing an offence that has substantial fines. Find out more >. MOTORISTS should be aware about the penalties that apply for fraudulent claims in relation to demerit points for driving offences. Please think carefully about your options. The person who was fined has an intellectual disability, mental illness, cognitive impairment or is homeless and: did not understand that their conduct constituted an offence or, There was a medical emergency. Rather than lose her licence, she paid a Brazilian woman $300 to take the demerit points for her. Please enable scripts and reload this page. You can nominate a driver or person responsible on the, You will need the finenotice number and the date of the offence to use the online system. These were more thoroughly investigated, resulting in 390 declarants being issued with fines and court attendance notices for 531 nominations. Fines and Fees. If you dont lodge your nomination in time, Revenue NSW may chose to issue either a penalty notice for failing to nominate, or a Court Attendance Notice requiring the person to attend court for failing to nominate. If you believe you have been falsely nominated for a vehicle offence you will need to provide us with evidence that shows you could not have been responsible. You can get the forms and prepaid envelopes from an AEC office, the NSWEC, post offices, or your state or federal MPs office, or from: And because we all forget to tell someone, we can also do this: Fill in and lodge an Application to Redirect Mail at any Australia Post outlet. If you receive a fine for an offence that was detected by transit officers or cameras which you did not commit, you have up to 21 days to nominate the driver you believe was responsible. and slapped with a 12-month driving suspension after blaming a series of driving offences on a person who was proven to be overseas at the time. I contactwd Contact before but lost connection Revenue NSW will not consider applications for leniency for some more serious offences, where safety is an issue, for example: Excessive speeding. Any camera-detected offences will automatically be forwarded to the owner of the car and it is their responsibility to nominate the person responsible. He went onto the Revenue NSW website and completed a request for review form online, explaining that he had been rushing his wife Lucy to hospital as she had appendicitis.
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