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.
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