In NSW you are required by law to name a person who is responsible for an offence. You can nominate someone else if you have received a fine or overdue fine notice if:
1. You were NOT driving the vehicle at the time of the offence; AND
2. You sold the vehicle before the Offence date.
If any of the above apply it should be noted that you must provide the name, address, driver licence number, date of birth (to name a few) to Revenue NSW. If the nomination is successful then a new fine will be sent to the person responsible who was nominated.
Providing false information is an offence as the law requires a person to make a reasonable effort to identify the person responsible for the offence. It should also be noted that making a false nomination is a serious offence. If a person provides any information which is false or misleading then that person will receive additional fines, restrictions on their Driver’s licence and in some instances, that person could be prosecuted!
What about fines issued to company vehicles?
A company is required by law to nominate the driver of the company vehicle for a camera detected offence. This is because the company has the legal obligation to nominate the driver of a vehicle as fines issued on a company are usually 5 x the size of what they are for an individual. Once a company nominates the person responsible for an offence, a new fine will be sent to that nominated person’s name. If a company fails to nominate a driver, then a fine in addition to the original fine will be issued and for repeat offences of such kind, the matter can be referred to Court with further possible penalties of up to $22,000 being applied.
What about ‘Littering’ Offences?
It should also be noted that for offences such as littering from a vehicle, you should name the person responsible, even if you were the driver at the time of the offence.
What about Camera Detected ‘Seatbelt’ Offences?
In relation to all offences involving Camera Detected Seatbelt offences, the driver must be nominated for both the driver and passenger fines. This is because the Driver is responsible for ensuring that any passenger in the vehicle is wearing their seatbelt.
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 5th
February 2025.
*Please note that this
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