If a car
is detected committing an offence (Such as a speeding offence etc) then the infringement/
Penalty notice (fine) will be sent to the registered operator of the vehicle.
What
does this mean?
In other
words, if an offence is committed whoever is the registered owner of the car,
whether it be a person or a company, the fine will be sent directly to the address
of the ‘registered owner’ of the vehicle. If the offence was NOT committed by
the registered operator of the vehicle because another driver is responsible
for the offence, then the registered operator of the vehicle must notify
the relevant authority as a matter of urgency so that the person responsible is
liable for both payment of the fine as well as any demerit points which the
fine may entail.
How
long to make the nomination?
The
nomination must be lodged within 21days of receiving the infringement notice.
If the nomination is not lodged with revenue NSW within the 21-day period then
Revenue NSW will usually not accept the nomination, this is why it is important
to nominate the driver responsible for the offence as soon as you receive the
fine! If the person responsible for the offence is not nominated then the law
regards it as if you (the registered operator of the vehicle) as being the
driver of the vehicle and in other words, you will be liable for the demerit
points as well as the fine. Please note that it is an offence for not
nominating the driver of the vehicle who has committed an offence.
It’s an
offence to falsely nominate someone!
It is also
an offence to falsely nominate another person who did not commit the offence
and the court can impose any of the following penalties, depending on whether
the registered operator of the vehicle is a person or a company:
1.
If
the vehicle’s registered operator is a Person– maximum penalty is a fine
of $11,000
2.
If
the vehicle’s registered operator is an Entity (company etc)- maximum
penalty is a fine of $22,000.
It is very important that you speak with a lawyer so that you can
get the appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact
Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 15th
February 2023.
*Please note that
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