It is an offence to give false or misleading information. Your nomination may be rejected if you do not provide enough information about the driver. 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. Revenue NSWwebsite. Below are two examples of when falsely nominating the driver of a vehicle has led to hefty fines, licence suspensions, and further prosecution. You can nominate another driver at any time, even after enforcement. The judge was lenient in her fine but stated that those who defraud government agencies face jail time. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. 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. 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. 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. You will first need to pay $40 or one-sixth of your fine, whichever is greater, before the fine reminder due date. 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. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. Paying the fine does not mean that you are admitting that you are guilty, however bear in mind that some traffic matters will stay on your record once you have paid the fine. This video gives an overview of the law that requires companies to nominate drivers when they receive camera detected demerit offences for company vehicles. Service NSW warns against selling demerit points online | 7NEWS brmmbrmm 10 yr. ago Your username does not inspire me with confidence tatty000 10 yr. ago Username relevant? Drivers who falsely claim someone else was behind the wheel at the time of an offence could be slapped with an $11,000 fine under harsh new penalties introduced in NSW parliament on Tuesday. Sydney Man Faces $99,000 Fine in Driving Offences Fraud. - Indonesian, Hai bisogno di assistenza legale? Sharon now has $30 per fortnight paid directly from her Centrelink payments to Revenue NSW. [* 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]. A statutory declaration is a written or electronic statement of facts that you sign in front of an authorised witness. Should I Nominate Another Person As The Driver? (WA) Please turn on JavaScript and try again. Einfeld (2010) 200 A Crim R 1 [2010] NSWCCA 87 s.319 Perjury PG (12.5%) 2y 3m NPP 15m 21m NPP 14m Total: 3y NPP 2y Add articles to your saved list and come back to them any time. Instead, he was given an almost $100,000 fine and a criminal conviction. There are no options available. If you are the registered owner of a motor vehicle and fail to nominate a driver, you are committing an offence. Scan this QR code to download the app now. If convicted of the offence by a court, the maximum penalty that the court may impose is $11,000. Your client will need to provide the personal details of the nominated driver, including name, address, licence number and date of birth. For more information, please see our If someone else was driving the vehicle at the time of the offence; and, The offence was camera detected, rather than on-the-spot, The offence is not a camera detected offence. You must make a reasonable effort to identify the person responsible for the offence. (WA), Impounding and Confiscation of Vehicles (WA), Is Licence Disqualification Mandatory? Once Revenue NSW receives your nomination, it will be reviewed. . 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. These can be brought up in court later if you are being sentenced for other driving offences. New comments cannot be posted and votes cannot be cast. If you do not nominate the person responsible for the vehicle, the fine will remain in your name and Revenue NSWwill seek payment for the fine from you. If you want to request a review of your fine you may do so at my Penalty, which is Revenue NSWs website. "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. If Revenue NSW receives the nomination within the 21 day time frame, they will withdraw your penalty notice and issue a new one to the nominated person. Falsely nominating another driver is a serious offence that carries hefty fines. A court can impose the following penalties for this offence: Yes, under Section 188 of the Road Transport Act 2013, it is a defence for a Failure to Nominate offence if the responsible person who received the penalty notice did not know and could not with reasonable diligence have ascertained the nomination details. 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. e ofthe person you are nominating. 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. legal advice. You will also asked for your email address and telephone number. You can nominate another driver at any time, even after enforcement. Contact us for your FREE initial consultation. 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. You will be committing an offence by not nominating the driver. "While the vast majority of people do the right thing, any doubtful nominations are checked against all available evidence, for example photographs taken at the time of the offence," said the Commissioner of Fines Administration, Stephen Brady. As long as Revenue NSW has enough time to transfer the fine to the correct driver. The reason why the nomination did not occur with in 21 days. iii. "Anyone who deliberately tries to defraud the system by falsely nominating another person risks being prosecuted and ultimately earning themselves a criminal record," Mr Brady said. It is an offence to falsely nominate another person as being in charge of the vehicle at the time of the offence. You cannot email or fax the statutory declaration to Revenue NSW. 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. is a written or electronic statement of facts that you sign in front of an authorised witness. If Revenue NSW does not withdraw the penalty notice, they will tell you in writing and will also send you a new penalty reminder notice. Please think carefully about your options. 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 . David immediately rushed Lucy to hospital. If you have sold or given away a vehicle, it is your responsibility to notify Transport for NSW. We are Sydneys most trusted criminal lawyers and have offices throughout NSW. OSR's reviews found 1,094 nominations were potentially false. Taking Demerit Points for Someone Else: Is it Illegal to Take Someone Elses Speeding Points? For example, because you have been homeless or have a mental illness, intellectual disability or cognitive impairment, but only if the application is made within a reasonable time after these factors ceased to prevent you from taking action, The penalty reminder notice was returned to the sender undelivered and notice of the enforcement order was later received by you at a different address, There is doubt about whether you are liable for the penalty and there was no previous opportunity to obtain a review. If you have already paid the fine before nominating the person responsible, please call us on 1300 138 118 to request a refund. Or Revenue NSW is concerned that your nomination might not be correct. A dusty corner on the internet where you can chew the fat about Australia and Australians. They will then send you a copy of the plan which tells you how much to pay and when to pay. That way she wouldnt have to pay additional enforcement costs and could pay a small amount every fortnight until the fine is paid. Melbourne VIC 3000, Level 5 Home / Blog / Failing to Nominate the Driver of a Vehicle. Find general information about criminal offences fines. The Revenue NSW Review Guidelines explain what evidence you need to provide when you ask for this type of review. 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. You can complete a notice of disposal online if the buyer is a NSW resident with a NSW driver licence or download the form. To transfer your fine to someone else, we need to know their: Driverlicence number and the state/country it was issued in. Mr Newbury said 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. For free information and advice contact LawAccess NSW on 1300888 529. 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. 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. In addition, the magistrate can disqualify a person from holding a driver's licence for any period seen fit. 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You will need to send your completed and witnessed form to: Revenue NSW If you name someone else, don't pay the fine. You will also asked for your email address and telephone number. "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.". For example, taking someone who needs urgent medical attention to a hospital, The offence was committed because you feared for your safety, There was a mechanical breakdown. If your request is denied but you believe that the fine is unlawful, you should seek legal advice from a professional lawyer who is well-versed in road-related cases. Yes, making a false statutory declaration is always a crime. The law will treat you as though you were the driver at the time of the original offence. You should nominate another driver if you were not driving the vehicle at the time of the offence or the offence was detected on camera, and you should not nominate another driver if you received the fine in person. You can get the forms and prepaid envelopes from an AEC office, the NSWEC, post offices, or your state or federal MPs office, or from: And because we all forget to tell someone, we can also do this: Fill in and lodge an Application to Redirect Mail at any Australia Post outlet. You will need to apply for a reduction over the phone with Revenue NSW. NSW Office of State Revenue identifies fraudulent driving offence ? - Italian, ? Buy the car from you outright or 2. You may be trying to access this site from a secured browser on the server. If you do not nominate the driver within 21 days, you are committing an offence that has substantial fines. Read more about the documents Revenue NSW will accept as supporting evidence on the Review Assist page. download and complete the nomination statement form. In some circumstances where a responsible person has missed the time frame and nominates outside the 21 days, Transport NSW may exercise their discretion and decide not to prosecute for failing to nominate. It is an offence under the Road Safety Act 1986 to knowingly provide false or misleading information on a nomination statement. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. If you miss one of these payments you must immediately pay your fine in full, as well as a $65 late fee. Fail to nominate or false nomination offences. [* see Part 2.8]. Companies are required by law to nominate the driver of a company vehicle for camera-detected offences. on the form in the orders sought section you need to write Appeal against refusal application by Commissioner, Section 50 Fines Act, submit the form with the Revenue NSW letter stating that they refused your request to court elect your fine to your Local Court Registry, you can request for the fee to be waived at this time also, the Registry will give you a court attendance notice with all the details you need to turn up to court. Followed categories will be added to My News. Complete the nomination online see the back of the fine for where to do this. All you need to do is enter the infringement notice and the date of the offence. PDF Pervert the Course of Justice - publicdefenders.nsw.gov.au Instead, he was given an almost $100,000 fine and a criminal conviction. penalties that have already been paid, enforced, withdrawn or resolved in any other manner, penalties for which the penalty reminder notice has expired, court fines (including fines that originated from a penalty notice), penalties for significant offences listed on the Revenue NSW website. myPenalty will also show if Revenue NSWhave kept the fine in your name. - Frequently Asked Questions, Can you apply? He was able to provide a report from a doctor confirming that Lucy had been admitted to hospital shortly after the offence occurred. We won't collect your email or use it for anything else. 6 offices conveniently located across Sydney and NSW, 1209/87-89 Liverpool Street Sydney, NSW 2000, Level 1, 166-170 Macquarie Street Liverpool NSW 2170, Suite 1, Lower Ground Floor, 55 Phillip Street Parramatta, NSW 2150, 92/313-323 Crown Street Wollongong, NSW 2500, Level 1, 19 Darby Street Newcastle CBD, NSW 2300, Shop B, 120 Erina Street Gosford CBD, NSW 2250, 2021 LY Lawyers . You have until the due date on the fine reminder noticeto nominate the person responsible for the vehicle. 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. Sharon phoned Revenue NSW the following day and was able to set this up. 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Further time will be given to pay the fine or make a court election. If you can pay the full amount within three months. The person who was fined has an intellectual disability, mental illness, cognitive impairment or is homeless and: did not understand that their conduct constituted an offence or, There was a medical emergency. You may also be able to have your fine added to an existing payment plan. 575 Bourke Street You may be asked to confirm your government benefit by providing: Revenue NSW may also ask for other supporting documents including: Another person can apply for a reduction on your behalf. Fail to Nominate the Driver of a Vehicle - Armstrong Legal