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. The most common sentencing outcome for these matters is a fine penalty. Your rating will help us improve the website. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. "Also checked are Roads and Maritime Services records to verify if the nominated driver holds a valid licence and immigration records to confirm nominated drivers holding international licences were actually in Australia at the time of the offence. The addition of speed and red light cameras, among other methods, have been particularly helpful in capturing road-related criminal offences such as speeding, improper parking, and red light and bus lane violations. Review Assist Guide. Failing to do so, is considered to be providing false or misleading information to the NSW government, which is a serious offence. You will need to send your completed and witnessed form to: Revenue NSW To make sure you dont miss a payment, you can set up a direct debit by calling Revenue NSW on 1300 492 392. . 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. You will receive reasons for this in the post or by email. Under the circumstances, there is another good reason why the application should be granted. 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. Sydney NSW 2000, Level 13 It is an offence to not nominate the driver of a vehicle that has been involved in a. . Giving false information when nominating another person as the driver. If you have already paid the fine (before the finereminder notice was issued)but want to nominate another driver, you have up to 90 days from the date the finewas served to do this. You will also asked for your email address and telephone number. Sophie Ogborne - Solicitor - Sydney. Your fine will then be cancelled. How Long Do You Have to Nominate Another Driver in NSW? We won't collect your email or use it for anything else. Falsely nominating another driver is a serious offence that carries hefty fines. [* 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]. 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. completing a statutory declaration and posting it to Revenue NSW. myPenalty whether Revenue NSWhave completed the transfer of the fine out of your name. NSW, 2012. PO Box 786 Call LY Lawyers on 1300 595 299 or contact us online to, Failing to Nominate the Driver of a Vehicle, Corporate Fines: Company Car Fines and Demerit Points, Suite 1, Lower Ground Floor, 55 Phillip Street, Intentionally or Recklessly Destroy/Damage Property, Negligent Driving (including occasioning GBH or Death), Dangerous Driving (including occasioning GBH or Death), Drive Vehicle With Illicit Drug Present in Blood, Habitual Traffic Offender Declaration NSW, Contravention of an Apprehended Violence Order. 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. If you can pay the full amount within three months. Call your mother and ask her who was ACTUALLY driving it, as you can't afford to get into trouble over making a false claim on a stat dec. If you provide false or misleading information you may receive additional fines and restrictions on your driver licence. Note that you may still apply for a reduction for a significant offence because Revenue NSW may still consider granting a reduction. "People who falsely nominate another person for a driving offence or who accept responsibility for a driving offence they did not commit may end up with a hefty fine from OSR, or they may end up before a court and ultimately with a criminal record.". The maximum penalty that can be handed down by a magistrate for offences relating to falsely nominating is a gaol sentence of up to five years plus fines of up to $5,500 for individuals and $11,000 for companies. When you submit the details online to Revenue NSW the fine should be withdrawn and a new penalty notice issued in the name of the nominated driver. Please enable scripts and reload this page. . Read more about the documents Revenue NSW will accept as supporting evidence on the Review Assist page. Further time will be given to pay the fine or make a court election. Canberra ACT 2601, Suite 20722 St Georges Terrace Taking Demerit Points for Someone Else: Is it Illegal to Take Someone Elses Speeding Points? For example, you have other existing debt with Revenue NSW. The fine is even steeper for corporations, however, who can face a penalty of $1528. You can set up a payment plan to pay over a longer period on your fine or overdue fine. If you own the vehicle involved but were not driving or in control of it at the time of the offence, you can fill out and submit an online nomination through MyPenalty to let Revenue NSW know who was driving the vehicle, or who owns it. legal advice. - Samoan, ? The judge was lenient in her fine but stated that those who defraud government agencies face jail time. It can be used to confirm personal details or as a statement and can be used as evidence in criminal or civil proceedings. You must nominate the driver or person responsibleby the due date on the finenotice. You must make a reasonable effort to identify the person responsible for the offence. She was also able to provide police records and a statement she had made to them about her former partner. Internal Review Guidelines can be viewed online. David got Lucy to the hospital and she was admitted with acute appendicitis. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. The government closely review driver nominations to identify potential fraudulent declarations and hold the offending parties responsible. They will need to provide Revenue NSW with a written authority to apply for a reduction from you or be a registered advocate with Revenue NSW. Service NSW will give you a sticker to put on your licence or photo card so its up to date. On the way to hospital Davids vehicle was captured by a speed camera exceeding the speed limit by 10 km/h. If you do not do this, you could be held responsible for penalty notices incurred after you have disposed of the vehicle. Call LawAccess NSW on 1300 888 529 for free legal help if you get a penalty notice after selling a motor vehicle. If your company is already registered for Revenue NSW eNominations, you can manage your nominations online. You can let Revenue NSW know your details through: As well as friends and family, phone, gas and electricity suppliers, and anyone else who sends bills or money to you, you need to let the following agencies know when you change your address: After you have lived at a new address for 14 days fill in the application online at: www.service.nsw.gov.au/transaction/change-address-and-contact-details-driver-licence-vehicle-registration-or-other-road, Australian Electoral Commission (AEC) and New South Wales Electoral Commission (NSWEC). Home / Blog / Failing to Nominate the Driver of a Vehicle. Buy the car from you outright or 2. A statutory declaration is a written or electronic statement of facts that you sign in front of an authorised witness. What is Failing to Nominate the Driver of a Vehicle? These matters are often prosecuted where a nomination is not made on the offence, or when a nomination is made far outside the 21 day time frame. 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. Another 180 people were issued with fines and court attendance notices for the related offence of fraudulently accepting responsibility for driving offences by failing to nominate. 17-21 University Avenue Once a fine has been paid in full the matter is finalised and no further enforcement action occurs. 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. Archived post. It is a criminal offence to provide false or misleading information on a nomination. The new legislation doubles the maximum fines for vehicle owners who shirk a penalty for speed camera and other camera-detected traffic offences by falsely nominating another driver. Money and taxes. Melbourne VIC 3000, Level 5 brmmbrmm 10 yr. ago Your username does not inspire me with confidence tatty000 10 yr. ago Username relevant? 575 Bourke Street "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. A nominated driver refers to a person who is identified as operating a registered vehicle at the time a traffic offence was committed. PO Box 786 In some circumstances, you must use a statutory declaration rather than the online form, for example when the other driver does not have an Australian driver licence. These can be brought up in court later if you are being sentenced for other driving offences. You can obtain a copy of the statutory declaration from theRevenue NSW Website. 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 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. For offences such as littering from a vehicle, you should name the person responsible, even if you were the driver at the time. If youreceive a fine (fine notice, fine reminder notice or overdue fine) but were not the driver or person responsible for the offence, you can transfer the fine by nominating the person responsible. Ballina street living in fear at gang's "campaign of terror", GetUp, Lock the Gate earn commissions from anti-CSG campaign, Uralba residents cheer as Ballina council approves NBN tower, Woman accused of much-loved Lismore grandmothers murder, NRRRL: massive grand final rematch, huge comeback victory. Sophie Ogborne has a Bachelor of Laws from University of Wollongong and a Graduate Diploma of Legal Practice from the College of Law. 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. are not eligible for a Work and Development Order (WDO). Revenue NSW may contact you if they need anything else from you. Your nomination may be rejected if you do not provide enough information about the driver. If you have already paid the fine before nominating the person responsible, please call us on 1300 138 118 to request a refund. Mr Brady said the NSW Office of State Revenue (OSR) checks all driver nominations against RMS records for license details and immigration records to confirm the nominated person in the country at the time of each offence. For more information, please see our MOTORISTS should be aware about the penalties that apply for fraudulent claims in relation to demerit points for driving offences. If the offence incurs demerit points with Transport for NSW, these will be applied once payment is made. If your client wants to nominate another driver, your client needs to either: complete the nomination statement on the back of the infringement notice; or. To find a local Justice of the Peace, see Finding a JP on the Department of Communities and Justice website. 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. You can check on However, you will also need to explain how you were hindered from acting on the original fine before it became overdue and supply supporting evidence for the reason, including: If your court election for an overdue fine (enforcement order) is not successful you have the right to appeal to the Local Court. This is the money they charge you for chasing up the fine. If you receive a fine for an offence that was detected by transit officers or cameras which you did not commit, you have up to 21 days to nominate the driver you believe was responsible. You can get the statutorydeclaration from the If you are out of time to nominate the responsible person, you should get You can then visit: www.legislation.nsw.gov.au and follow the links to that section of that Act and check the minimum and maximum penalties for the offence. Section 36 of the Road Traffic (Administration) Act 2008 states "A person must not give information that the person knows to be false or misleading in a material particular to a person performing a function under a road law." The maximum penalty for this offence is a . 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. In 2021, a penalty unit is $110, so if the maximum fine is 10 penalty units, that means it is $1,100. Please think carefully about your options. If you do, it just gets more expensive and more complicated. Depending on the nature of the fine and the jurisdiction where the infringement was committed, the fine can be issued by police, transit officers, local council, court or a government agency. 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. [* see Part 2.6]. Sharon receives a parenting payment from Centrelink and doesnt have enough money saved to pay the fine in full. If you believe there are special circumstances in your case, or you want to ask for leniency, you can request a review of your penalty notice. If youre not sure of the due date,contact Revenue NSW on 1300 138 118. The ramifications of this will be that you will be treated as the individual who committed the traffic offence and receive the fines, demerit points, suspensions and potentially face a criminal record. If you have sold or given away a vehicle, it is your responsibility to notify Transport for NSW. 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. girlfriend to give false evidence that another person had stabbed victim - persuaded mother to say that his jumper belonged to other person and asked mother to have acquaintance give false evidence Unemployed - drug abuse. You can also download the form from the Australia Post website. After all the trouble they had had in the city Isabelle had made a tree change, and moved to a small rural town where she had been able to get a job working as a receptionist for a local vet. 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. All you need to do is fill out the form and provide the nomination details and then have your signature witnessed by a lawyer or Justice of the Peace. Sharon was driving home from her weekly yoga class when she heard her mobile phone ring. Were working to restore it. If you are out of time, you can still nominate the driver responsible, but Revenue NSW mayrefuse to accept your late nomination. Or Revenue NSW is concerned that your nomination might not be correct. Demerit Point Fraud Offences, Laws and Penalties in NSW, relating to traffic violations which differ depending on the nature and severity of the violation, however, falsely executing a statutory declaration is a criminal offence in NSW, and is punishable by up to five years in prison, according to, LY Lawyers offer services for all kinds of criminal matters, including traffic violations and fraud. Some offences, such as camera-detected offences and parking in a school zone, will apply demerit points to a driver licence, so you are required by law to nominate the person responsible. 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. Customer: nsw JA: Thanks read more John Melis Lawyer Bachelor's Degree 35,336 satisfied customers I have been asked to submit additional information such as If your application is refused, you can seek a review of the decision through Revenue NSW or the court. If the fine has been paid in full and no reminder has been served, then an application for review must be made within 60 days from the date the penalty notice was served. When she saw Don, a lawyer at a free advice service, she explained that she didnt have a driver licence because of unpaid fines and enforcement costs totalling more than $3,000. Court prosecutions undertaken by OSR to date in 2014/15 have resulted in fines and costs of more than $570,000, license disqualifications for up to two years and convictions recorded for falsely nominating another person. Documents Last updated: 2 March 2023 Nominate online I contactwd Contact before but lost connection 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. This article was written by Any camera-detected offences will automatically be forwarded to the owner of the car and it is their responsibility to nominate the person responsible. You can be fined and have restrictions on your driver licence if you make a false nomination. This offence also applies to companies who have cars registered in the company name, requiring the company to nominate the correct driver within 21 days. This means speeding more than 20 km/h over the limit, Sending a letter to Revenue NSW with the details of the offence and your details, Advising online using the MyPenalty portal on the Revenue NSW website you will need the penalty notice number and the date of the offence. If you do not apply to go to court by the due date, you may need to go through a more difficult process, which involves proving you were unable to request to go to court before the due date. Depending on the nature of the fine and the jurisdiction where the infringement was committed, the fine can be issued by police, transit officers, local council, court or a government agency. PDF form Statutory declaration for a fine notice Individual, or. You can transfer the fine to the person responsible by nominating online. For companies Installation of electronic management systems for businesses to track fines and required nominations ensure nominations can be made within the 21 day time frame including logbooks, electronic check in/check out systems, or the Transport NSW eNoms system; and the creation of personalised filing systems to ensure that any fines received are nominated in time. Find out more >. (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. download and complete the nomination statement form. The OSR has issued more than 1400 fines to people for false nomination offences and has prosecuted more than 200 people relating to false nominations over the last eight years. 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 . However, this is not always the case, even where the nomination is filed outside of time, Revenue NSW may exercise its discretion and decide not to pursue a charge of failing to nominate against the person. Family cross examination of parties scheme, Part 4: Enforcement action by Revenue NSW, Part 5: Responding to Revenue NSW enforcement action, Part 6: Extra help young people and First Nations people, Part 7: Demerit points and your driver licence, Part 8: Privacy and access to information, www.revenue.nsw.gov.au/fines-and-fees/request-a-review, www.revenue.nsw.gov.au/fines-and-fees/go-to-court, bank account or wages garnisheed (this means Revenue NSW take money out of every pay), taken to the Local Court for an examination summons or charge put on your land, $65 to Revenue NSW for a fine enforcement order ($25 if you are under 18), $40 to Transport for NSW for certain enforcement action, such as suspension of your driver licence, and.
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