Dishonest drivers selling demerit points reminded of hefty fines I nominated 2 drivers for 2 offences that I committed, they took points and fines but now I have to fill out statutory declaration forms. iii. - Turkish, Cn c Gip V Lut Php? You can get the statutorydeclaration from the The severity of the sentence will relate to the seriousness of the offence, whether the offence has since been nominated and any steps the person/business has taken since to prevent an additional failure to nominate offence. She was also able to provide police records and a statement she had made to them about her former partner. 03 8373 9397 or 03 8373 9399. (WA), New Penalties for Drink Driving and Drug Driving (WA), Section 186 of the Road Transport Act 2013, Section 188 of the Road Transport Act 2013, Fraudulent Misappropriation of Funds (NSW), Obtaining Property by False Pretences (NSW), Dishonest Statements With Intent to Deceive Members (NSW), Head Office: Level 8, 66 Goulburn Street, Sydney NSW 2000. If I told them I nominated a falsely person what's the trouble would I face? The law will treat you as though you were the driver at the time of the original offence. 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. If you were driving someone elses vehicle and committed an offence which resulted in a fine being issued in their name, you can have it transferred to your name by mailing a signed and witnessedStatutory Declaration form (PDF 847.81KB)to: You can also ask the vehicle owner to nominate you. 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. 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. A dusty corner on the internet where you can chew the fat about Australia and Australians. If you no longer possess the notice, you may contact Revenue NSW directly. To login, youll need to enter the penalty or infringement notice number and the date of the offence. For an individual, the completion of a Traffic Offender Program, a letter of Apology to the court, and obtaining. To appeal a Revenue NSW decision to the Local Court you need to: if your application to allow you to court elect your fine is successful, you will get another court attendance notice to take your case to court. 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 . 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. Sophie now practices exclusively in Level 8 A person who fails to do so may be charged with the offence fail to nominate the driver of a vehicle. A reduction will not be granted if you are able to deal with the fine in another way, such as a payment plan or WDO. You cannot email or fax the statutory declaration to Revenue NSW. Fines and Fees. Add articles to your saved list and come back to them any time. You should apply to go to court before the due date on your penalty reminder notice. You can be fined and have restrictions on your driver licenceif you make a false nomination. The most common fines are for parking, speeding, toll roads and public transport offences 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]. Please help! the details of the other driver or person responsible, including their: driverlicence number and state/country of issue, passportnumber and country of issue, if you're nominating an international driver. . completing a statutory declaration and posting it to Revenue NSW. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Passport number and country of issue if you're nominating an international driver. You can download this form in PDF to fill out by hand or Word to fill out on your computer. 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. Lose access to the car - Khmer, ? If youve lost your fine notice, you can contact us on 1300 138 118. It is an offence to not nominate the driver of a vehicle that has been involved in a traffic violation. Make sure you get the new owners full name and driver licence number. PDF Pervert the Course of Justice - publicdefenders.nsw.gov.au legal advice. You will need to apply for a reduction over the phone with Revenue NSW. You can complete a notice of disposal online if the buyer is a NSW resident with a NSW driver licence or download the form. Fine for misleading nomination of other drivers - Driving licences On sentence, the court will also have regard to your previous traffic record and any additional failure to nominate offences. - Vietnamese. What is Failing to Nominate the Driver of a Vehicle? Call Revenue NSWMonday to Friday between 7am to 7pm: We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. Yesterday we received a letter saying that the complain statement was rejected due to the Enforcement Agency is not satisfied. Brisbane QLD 4000, Suite 2, Level 6 You will need the finenotice number and the date of the offence to use the online system. Please think carefully about your options. You can nominate a driver online using the NSW governments myPenalty webpage which requires your details, drivers licence number, passport number (if nominating an international driver), penalty notice number and the day of the offence. Once Revenue NSW receives your nomination, it will be reviewed. For more information see Failing to do so, is considered to be providing false or misleading information to the NSW government, which is a serious offence. In 2006, hundreds of thousands of statutory declarations signed by motorists fighting traffic fines were investigated as part of a major fraud crackdown by the NSW government. This video gives an overview of the law that requires companies to nominate drivers when they receive camera detected demerit offences for company vehicles. The penalties imposed for a fail to nominate the driver offence differ depending on whether the offence is a first or second offence and on whether the offender is a natural person or a corporation. Melbourne VIC 3000, Level 5 Find out more about our policy and your choices, including how to opt-out. Please turn on JavaScript and try again. The plot was uncovered when police seized the Brazilian womans phone for unrelated offences and discovered the texts. On 30 and 31 January 2017, he called Fines Victoria and falsely claimed he was not the driver of a speeding vehicle on 14 December 2016, and indicated he intended to nominate another driver. If you're unable to apply online, you'll need the: Note: You can also complete a statutory declaration form and send it to the address on the form. If you are out of time to nominate who was responsible. ? [* see Part 2.8]. Agree to add the fine to an existing payment plan [* See Part 2.3], Apply for a 50% reduction of a penalty notice fine if you are on a Centrelink or Veterans benefit [* See Part 2.4], Ask for an internal review if there are special or extenuating circumstances [* see Part 2.5 and Part 2.6], Nominate another 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. Note that you may still apply for a reduction for a significant offence because Revenue NSW may still consider granting a reduction. It should also be noted that I live in Melbourne, Victoria and I would prefer to exhaust all other options before having to nominate a different driver. This process applies to penalty notices only. There is information on your penalty notice about where to go to make the nomination online. Without thinking she answered it and spoke to her daughter. FINES ACT 1996 - SECT 38 Circumstances in which person issued with 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. When Revenue NSW receive your first payment, theyll set up fortnightly payments. If you are the registered owner of a motor vehicle and fail to nominate a driver, you are committing an offence. I nominated falsely person for the speeding penalty and - JustAnswer Your fine will then be cancelled. A new fine will be sent to the person you named. - Indonesian, Hai bisogno di assistenza legale? She has made a complaint via Fines Victoria website, also lodge a statutory declaration saying that she was not the driver nor know the car. Sophie Ogborne - Solicitor - Sydney. [* see Part 2.7], Decide to have the matter heard in a Local Court [* see Part 2.8], Apply for a Work and Development Order (WDO) [* see Parts 2.10 and 5.4]. if your application is unsuccessful, Revenue NSW will be notified and you will be issued with a new penalty reminder notice for payment of the fine. Review Assist Guide. It is also important to note that if you are nominating another driver, you should not pay the fine. 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. 17-21 University Avenue "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. Some significant offences that are usually not eligible for a reduction include: speeding over the sign posted speed limit, parking offences which attract demerit points, like parking in a disabled parking area, driving offences related to alcohol and drug use, animal offences relating to dangerous dogs, littering offences relating to fire safety hazards, pollution offences including asbestos offences, a statement of income from Centrelink; or, You believe there has been a mistake in issuing the fine, There are exceptional circumstances relating to the issuing of the fine that need to be considered. Nationwide News Pty Ltd 2023. 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. 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 must complete the statutory declaration and have it witnessed by a Justice of Peace or other authorised person such as a NSW legal practitioner.