If you do not do this, you could be held responsible for penalty notices incurred after you have disposed of the vehicle. - Frequently Asked Questions, Can you apply? 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. If the fine is under a company name, then an authorised person from your company must nominate the driver or person responsible. $65 to the Sheriff for any enforcement action by their office. If you have already paid the fine before nominating the person responsible, please call us on 1300 138 118 to request a refund. e ofthe person you are nominating. Nationwide News Pty Ltd 2023. Warning: Don't make false demerit point claims - driver gets $8000 fine If youre not sure of the due date,contact Revenue NSW on 1300 138 118. This is called nominating another driver. Fortunately, she was able to receive treatment in time and made a full recovery. Without thinking she answered it and spoke to her daughter. Revenue NSW reviewed the fine and withdrew it because David was responding to a medical emergency at the time of the offence. The NSW Commissioner for Fines Administration Tony Newbury said it was an offence to falsely nominate another person for a driving offence or to knowingly accept responsibility for driving . If you have sold or given away a vehicle, it is your responsibility to notify Transport for NSW. David got Lucy to the hospital and she was admitted with acute appendicitis. We are Sydneys most trusted criminal lawyers and have offices throughout NSW. 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. You must make a reasonable effort to identify the person responsible for the offence. Rather than lose her licence, she paid a Brazilian woman $300 to take the demerit points for her. Revenue NSWwebsite. 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. The maximum penalty for individuals who falsely nominate a driver is $11,000, and the maximum penalty for a company that falsely nominates a driver is $22,000. download and complete apayment plan application form at: are not suitable for a payment plan with Revenue NSW. 95 North Quay You have 28 days from the date of Revenue NSWs decision to send in your application to the Local Court and there is an application fee for each enforcement order you are appealing. Brisbane QLD 4000, Suite 2, Level 6 As well as the amount of money you owe increasing, you could have your: Even if you dont think you can afford to pay a penalty notice, there are ways to deal with it, which will stop further action being taken against you. is a written or electronic statement of facts that you sign in front of an authorised witness. Please enable scripts and reload this page. Falsely or fraudulently nominating the wrong person as the driver of your vehicle is a serious offence that can incur huge financial penalties. Sharon phoned Revenue NSW the following day and was able to set this up. their driver licence number (if they have anAustralian licence) or the country of issue of licence (if they are aninternational driver). On sentence, the court will also have regard to your previous traffic record and any additional failure to nominate offences. Sydney Man Faces $99,000 Fine in Driving Offences Fraud. I don't know what to do 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. 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. 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. Making a false nomination is a serious offence. Nominate another driver - Justice Connect Homeless Law Melbourne VIC 3000, Level 5 Statutory declaration for a fine notice (Individuals) PDF, Statutory declaration for a fine notice (Organisations) PDF, Nominate someone else for a fine NSW Government, Manage your fines with a MyServiceNSW Account, your finenotice number andthe date of the offence. 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? All you need to do is enter the infringement notice and the date of the offence. If you dont pay your fine in full and on time and you havent made any other arrangement to pay it, Revenue NSW considers you to be a fine defaulter. To find a local Justice of the Peace, see Finding a JP on the Department of Communities and Justice website. You will first need to pay $40 or one-sixth of your fine, whichever is greater, before the fine reminder due date. If you falsely nominate another person as the driver, serious penalties apply. completing a statutory declaration and posting it to Revenue NSW. Falsely nominating another driver can lead to charges of wilfully misleading police, which can incur a $1600 fine, or false statutory declarations that can result in two years' imprisonment and a . . If you do, it just gets more expensive and more complicated. Review Assist Guide. You can be fined and have restrictions on your driver licenceif you make a false nomination. 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. Rather than lose her licence, she paid a Brazilian woman $300 to take the demerit points for her. 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. Strawberry Hills You can apply online or you can complete a form and send it to Revenue NSW. 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. Part 2: Penalty notices - Legal Aid NSW [* see Part 5.4]. The judge was lenient in her fine but stated that those who defraud government agencies face jail time. You can set up a payment plan to pay over a longer period on your fine or overdue fine. 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.