She sought advice from Nick, a volunteer lawyer at a community legal centre. penalties that have already been paid, enforced, withdrawn or resolved in any other manner, penalties for which the penalty reminder notice has expired, court fines (including fines that originated from a penalty notice), penalties for significant offences listed on the Revenue NSW website. Below are two examples of when falsely nominating the driver of a vehicle has led to hefty fines, licence suspensions, and further prosecution. [* see Part 2.6]. An organisation's Transport for NSWcustomer numberis found on the vehicle's registration papers. use a general application notice to the Local Court form available online. You can nominate a driver or person responsible on the Revenue NSW website . Note that you may still apply for a reduction for a significant offence because Revenue NSW may still consider granting a reduction. "While the vast majority of people do the right thing, any doubtful nominations are checked against all available evidence, for example photographs taken at the time of the offence," said the Commissioner of Fines Administration, Stephen Brady. Fail to nominate or false nomination offences. 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 the vehicle is registered to any other type of entity (for example a business or company) the maximum penalty is $11,000. The reason why the nomination did not occur with in 21 days. If you believe there are special circumstances in your case, or you want to ask for leniency, you can request a review of your penalty notice. OSR's reviews found 1,094 nominations were potentially false. However, you will also need to explain how you were hindered from acting on the original fine before it became overdue and supply supporting evidence for the reason, including: If your court election for an overdue fine (enforcement order) is not successful you have the right to appeal to the Local Court. A person who fails to do so may be charged with the offence fail to nominate the driver of a vehicle. 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, Mr Newbury reminded. There was just one problem: her driver licence was suspended. Home / Blog / Failing to Nominate the Driver of a Vehicle. LY Lawyers offer services for all kinds of criminal matters, including traffic violations and fraud. download and complete apayment plan application form at: are not suitable for a payment plan with Revenue NSW. Instead, he was given an almost $100,000 fine and a criminal conviction. Read more on the Revenue NSW website: www.revenue.nsw.gov.au/fines-and-fees/request-a-review. Section 36 of the Road Traffic (Administration) Act 2008 states "A person must not give information that the person knows to be false or misleading in a material particular to a person performing a function under a road law." The maximum penalty for this offence is a . If you do not know who was responsible for the vehicle at the time of the offence you should get legal advice. PO Box 786 New comments cannot be posted and votes cannot be cast. Your client will need to provide the personal details of the nominated driver, including name, address, licence number and date of birth. If you are the registered owner of a motor vehicle and fail to nominate a driver, you are committing an offence. Revenue NSW will review your nomination, and may contact you if they need to clarify anything. Sharon was driving home from her weekly yoga class when she heard her mobile phone ring. When a violation is committed, it is expected that the driver who committed the act knowingly accept responsibility and the registered owner of the vehicle nominates them. Request a review of your fine. Nick told Sharon that she could phone Revenue NSW to arrange early enforcement with a payment plan. These will be set out as penalty units. One week later David received a penalty notice in the mail. If the fine has been paid in full and no reminder has been served, then an application for review must be made within 60 days from the date the penalty notice was served. download and complete the nomination statement form. . Last year I had been punished for having received one too many speeding fines (fair enough) so I had to last one whole year with only one demerit point available. You can do this online or drop in to your closest office. [* See Part 7]. Please turn on JavaScript and try again. myPenalty will also show if Revenue NSWhave kept the fine in your name. I have received statutory False driver nomination JA: Some laws are different depending where you are, so could you clarify what state you're in? 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. Steps taken since the offence to avoid reoffending. The penalty amounts for fines issued by OSR for either falsely nominating or failing to nominate are $623 for individuals and $1,315 for corporations ($3,526 for second or subsequent failure to nominate offences by corporations). Criminal Lawyers Sydney | Privacy Policy, You can nominate a driver online using the NSW governments. Key points: Documents reveal over 2,000 false declarations Drivers shifting responsibility to overseas licenses Immigration searches reveal people not responsible Find out more about our policy and your choices, including how to opt-out. Sydney NSW 2000, Level 13 All rights reserved. If you do not apply to go to court by the due date, you may need to go through a more difficult process, which involves proving you were unable to request to go to court before the due date. The Revenue NSW Review Guidelines explain what evidence you need to provide when you ask for this type of review. e ofthe person you are nominating. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. 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. Now what I want to know is if the demerit point comes into play from the date of offence or the day I've paid my fine? David immediately rushed Lucy to hospital. - Thai, Yasal Danmaya htiyacnz m var? When Revenue NSW receive your first payment, theyll set up fortnightly payments. Revenue NSW will check that your nomination includes all of the necessary details and is provided within the correct time limit. 95 North Quay 2.7 Nominating another driver. You can also visit your local public library or go online to: www.legalanswers.sl.nsw.gov.au to find plain English legal information about fines [* see Part 9]. Giving false information when nominating another person as the driver. A new fine will be sent to the driver. Sophie now practices exclusively in Level 8 You should make sure you post the statutory declaration to Revenue NSWwell before the due date. 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. For more information see ? If Revenue NSWdo not transfer a fine to the responsible person you shouldget You must add supporting documents if you are asking to have the penalty notice withdrawn. There is information on your penalty notice about where to go to make the nomination online. Revenue NSWwebsite. If you miss one of these payments you must immediately pay your fine in full, as well as a $65 late fee. You must nominate the driver or person responsible by the due date on the fine notice. You can apply online or you can complete a form and send it to Revenue NSW. This is called nominating another driver. I don't know what to do The government closely review driver nominations to identify potential fraudulent declarations and hold the offending parties responsible. Department of Justice is now the Department of Communities and Justice. The new legislation doubles the maximum fines for vehicle owners who shirk a penalty for speed camera and other camera-detected traffic offences by falsely nominating another driver. Sydney Man Faces $99,000 Fine in Driving Offences Fraud. PO Box 786 The maximum penalty for corporations has also doubled from $11,000 to $22,000. . 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. You might need to do a Statutory Declaration confirming your nomination and provide further information that may assist to prove who was the driver at the time of the offence. You will still receive a written notice of the decision along with further information on your options for dealing with the fine (such as through a WDO or a payment plan). To request a review of your fine, go to:www.revenue.nsw.gov.au/fines-and-fees/request-a-review. 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. You cant use the nomination process if you were given an on-the-spot fine by a police officer, a rail transit officer or another authorised government officer. 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 can also apply to have your overdue fine referred to the court and heard by a magistrate. Scan this QR code to download the app now. - Italian, ? 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. Please think carefully about your options. Falsely or fraudulently nominating the wrong person as the driver of your vehicle is a serious offence that can incur huge financial penalties. If the vehicle is registered to a person the maximum penalty is $11,000. You can download this form in PDF to fill out by hand or Word to fill out on your computer. You may be required to provide more evidence in the form of a statutory declaration, in person or in court, and you can log back into the webpage at any point to track your requests progress. If your application is approved, you will receive written notification and be given options on how to deal with the rest of your fine (such as through a payment plan). How Long Do You Have to Nominate Another Driver in NSW? Documents Last updated: 2 March 2023 Nominate online The maximum fine a court can give you may be higher than the amount in the penalty notice, and the court can order you to pay some court costs as well. Please think carefully about your options. You can obtain a copy of the statutory declaration from theRevenue NSW Website. A dusty corner on the internet where you can chew the fat about Australia and Australians. In NSW, the fine for an individual who falsely nominates another person is $723. However, De Franca, 36, then nominated another person as being the driver at the time of the offence, which raised suspicions among officers. Companies are required by law to nominate the driver of a company vehicle for camera-detected offences. Any camera-detected offences will automatically be forwarded to the owner of the car and it is their responsibility to nominate the person responsible. Some steps that can further be taken by a person or company that has been charged with this offence include: For advice or representation in any legal matter, pleasecontact Armstrong Legal. 6 offices conveniently located across Sydney and NSW, 1209/87-89 Liverpool Street Sydney, NSW 2000, Level 1, 166-170 Macquarie Street Liverpool NSW 2170, Suite 1, Lower Ground Floor, 55 Phillip Street Parramatta, NSW 2150, 92/313-323 Crown Street Wollongong, NSW 2500, Level 1, 19 Darby Street Newcastle CBD, NSW 2300, Shop B, 120 Erina Street Gosford CBD, NSW 2250, 2021 LY Lawyers . are not eligible for a Work and Development Order (WDO). Strawberry Hills legal advice. That way she wouldnt have to pay additional enforcement costs and could pay a small amount every fortnight until the fine is paid. We won't collect your email or use it for anything else. Call LawAccess NSW on 1300 888 529 for free legal help if you get a penalty notice after selling a motor vehicle. You will be askedto provide the name, address, date of birth and Australian driver license ofthe person you are nominating. If I told them I nominated a falsely person what's the trouble would I face? 19. A NSW Police patrol vehicle "Anyone who deliberately tries to defraud the system by falsely nominating another person risks being prosecuted and ultimately earning themselves a criminal record," says Commissioner of Fines Administration, Stephen Brady. (WA), Impounding and Confiscation of Vehicles (WA), Is Licence Disqualification Mandatory? Review Assist Guide. You will need to specifically ask for the 50% reduction because Revenue NSW may not offer it to you. Default means that you did not meet an obligation. Credit: Adam McLean. 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. If youve lost your fine and are unable to log in,contact Revenue NSW on 1300 138 118 or complete the onlineenquiry form. Revenue NSW may contact you if they need anything else from you. Failure to do so can lead to prosecution. If you have already paid the fine, you have 90 days from the date the penalty was issued to apply. You may need to do this if you: You will need to provide Revenue NSWwith some important informationincluding: If you do not know who was responsible for the vehicle or do not know much information about them, you should get legal advice. LawAccess NSW can refer you to your closest free legal service [* see Part 9]. Find general information about criminal offences fines. A lawyer can help you decide if this is the right option for you. If the penalty notice relates to a parking or traffic offence issued to you as the registered owner of the vehicle, and you were not the driver of the vehicle, you can apply online telling Revenue NSW the name and address of the responsible driver. "People who falsely nominate another person for a driving offence or who accept responsibility for a driving offence they did not commit may end up with a hefty fine from OSR, or they may end up before a court and ultimately with a criminal record.". If your client wants to nominate another driver, your client needs to either: complete the nomination statement on the back of the infringement notice; or. These false driver nominations included eight speeding offences, two red light offences, 10 parking offences, and two bus lane offences, which would have totalled $4600 if he had falsely declared to a government agency. You should also send any evidence you have to support your statutory declaration such as copies of plane tickets if you were on holidays at the time of the offence, or an explanation that the photograph on the Revenue NSW website shows a male driver if you are female for example. It is an offence to falsely nominate another person as being in charge of the vehicle at the time of the offence. As the responsible person for the vehicle, you have an obligation to nominate the driver who committed the offence. You will then get the opportunity to have your say. If the 21 day time-frame to make an election is missed, Revenue NSW is entitled to issue a penalty notice or a Court Attendance Notice for failing to nominate. When she saw Don, a lawyer at a free advice service, she explained that she didnt have a driver licence because of unpaid fines and enforcement costs totalling more than $3,000. If you've received a fine or overdue notice but werent responsible for the offence, you can transfer the fine to the person who was at fault. Authorities are warning desperate drivers of the even heftier penalties that apply should they be found falsely nominating another person for demerit point penalties, which can reach in excess of . She was also able to provide police records and a statement she had made to them about her former partner. Revenue NSW reviewed the fine and withdrew it because David was responding to a medical emergency at the time of the offence. Melbourne VIC 3000, Level 5 For example, taking someone who needs urgent medical attention to a hospital, The offence was committed because you feared for your safety, There was a mechanical breakdown. Available at our Sydney CBD, Parramatta, Liverpool, Wollongong, Newcastle or Gosford office. You may be trying to access this site from a secured browser on the server. You can set up a payment plan to pay over a longer period on your fine or overdue fine. Were working to restore it. In support of her application Isabelle was able to provide a detailed report from her psychologist as well as some support letters from domestic violence workers who had known Isabelle when she was trying to escape the relationship. Passport number and country of issue if you're nominating an international driver. I contactwd Contact before but lost connection You can nominate another driver at any time, even after enforcement. Your fine will be cancelled. - Portuguese, E Manaomia Fesoasoani i Mea Tau Tulafono? When a violation is committed, it is expected that the driver who committed the act knowingly accept responsibility and the registered owner of the vehicle nominates them. Things were finally looking up for Isabelle and her two kids Sarah and Leo. Those reviewed included instances where the nominated penalty was subsequently disputed, the nominated driver was unlicensed, deceased or held an overseas licence, the same driver was nominated multiple times or the same declarant repeatedly submitted nominations. All times AEST (GMT +10). You will receive reasons for this in the post or by email. 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 have already paid the fine before nominating the person responsible, please call us on 1300 138 118 to request a refund. 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. You may be asked to confirm your government benefit by providing: Revenue NSW may also ask for other supporting documents including: Another person can apply for a reduction on your behalf. Sharon receives a parenting payment from Centrelink and doesnt have enough money saved to pay the fine in full. They will need to provide Revenue NSW with a written authority to apply for a reduction from you or be a registered advocate with Revenue NSW. This is only likely to happen if the driver you nominate denies they were the driver. If the person you are nominating elects to go to court, you will be required to complete a statutory declaration (PDF 847.81KB) and have it witnessed by a Justice of the Peace. Nsw. Australian Laws I nominated falsely person for the speeding penalty and I nominated falsely person for the speeding penalty and revived the NSW revenue letter says the nomination appears discrepancies. If you do, it just gets more expensive and more complicated. The judge was lenient in her fine but stated that those who defraud government agencies face jail time. AWDO means you do an approved activity with a WDO sponsor organisation or health practitioner to pay off all or part of your fines, such as unpaid work, education and personal development courses, counselling or treatment programs. You can complete a notice of disposal online if the buyer is a NSW resident with a NSW driver licence or download the form. "Also checked are Roads and Maritime Services records to verify if the nominated driver holds a valid licence and immigration records to confirm nominated drivers holding international licences were actually in Australia at the time of the offence. A statutory declaration is a written or electronic statement of facts that you sign in front of an authorised witness. You will be committing an offence by not nominating the driver. You must lodge the nomination within 21 days of the issue of the penalty notice in accordance with Section 186 of the Road Transport Act 2013 to avoid being charged with fail to nominate the driver of a vehicle. 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. New law doubles maximum penalty for fine fraud to $11,000. Ballina street living in fear at gang's "campaign of terror", GetUp, Lock the Gate earn commissions from anti-CSG campaign, Uralba residents cheer as Ballina council approves NBN tower, Woman accused of much-loved Lismore grandmothers murder, NRRRL: massive grand final rematch, huge comeback victory. If you are out of time, you can still nominate the driver responsible, but Revenue NSW mayrefuse to accept your late nomination. On the way to hospital Davids vehicle was captured by a speed camera exceeding the speed limit by 10 km/h. - Frequently Asked Questions, Going to the Fair Work Commission - Frequently Asked Questions, Appealing the decision of the Fair Work Commission, After the case - Frequently Asked Questions, Going to the Fair Work Commission - flowchart, What are general protections? Sharon now has $30 per fortnight paid directly from her Centrelink payments to Revenue NSW. You can get the statutorydeclaration from the You need to submit a court election by the due date on the penalty reminder notice. [* see Parts 2.22.10]. Its a good idea to get legal advice before you do any of this. She was so afraid of him that she never filled out a Statutory Declaration to say she hadnt been driving at the time of the offence. For example, you have other existing debt with Revenue NSW. Make sure you get the new owners full name and driver licence number. contact Revenue NSW on 1300 138 118 before the due date or download and complete a payment plan application form at: To set up a payment plan for an overdue fine: contact Revenue NSW on 1300 655 805 or update your payment plan online using the myEnforcement portal. Taking Demerit Points for Someone Else: Is it Illegal to Take Someone Elses Speeding Points? - Frequently Asked Questions, Can you apply? You will also asked for your email address and telephone number. Please try again later. You should apply to go to court before the due date on your penalty reminder notice. If your request is denied but you believe that the fine is unlawful, you should seek legal advice from a professional lawyer who is well-versed in road-related cases. NSW, 2012. You cannot email or fax the statutory declaration to Revenue NSW. Complete the nomination online see the back of the fine for where to do this. The form can be completed online through the Revenue NSW website. Where a fail to nominate the driver offence is dealt with by penalty notice the penalty that applies is as follows: Where a fail to nominate the driver of a vehicle offence is dealt with by Court Attendance Notice, the maximum applicable penalties that apply are: You must lodge a statutory declaration nominating the person who was in charge of the vehicle at the time of the offence. bbc radio humberside presenters, howe mortuary longmont, co,