and our Under the amended Fines Act 1996 and the Roads Transport Act 2013 individuals now face a $11,000 fine, up from $5500. You can check on All you need to do is enter the infringement notice and the date of the offence. If you believe you have been falsely nominated for a vehicle offence you will need to provide us with evidence that shows you could not have been responsible. Service NSW warns against selling demerit points online | 7NEWS In 2021, a penalty unit is $110, so if the maximum fine is 10 penalty units, that means it is $1,100. In support of her application Isabelle was able to provide a detailed report from her psychologist as well as some support letters from domestic violence workers who had known Isabelle when she was trying to escape the relationship. 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. A police officer saw her and pulled her over and fined her. One week later David received a penalty notice in the mail. 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. After you have lived at a new address for 28 days: Fill in an electoral enrolment form and send it to your Divisional AEC office or scan it and email it to info@aec.gov.au. I nominated falsely person for the speeding penalty and - JustAnswer You should make sure you post the statutory declaration to Revenue NSWwell before the due date. A P-plater from Hornsby was fined $7000 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. If you miss one of these payments you must immediately pay your fine in full, as well as a $65 late fee. download and complete the nomination statement form. There are significant penalties for this offence including fines. Review Assist Guide. Call LawAccess NSW on 1300 888 529 for free legal help if you get a penalty notice after selling a motor vehicle. 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. Sharon receives a parenting payment from Centrelink and doesnt have enough money saved to pay the fine in full. 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. 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. In NSW, the fine for an individual who falsely nominates another person is $723. You must add supporting documents if you are asking to have the penalty notice withdrawn. Revenue NSW will not consider applications for leniency for some more serious offences, where safety is an issue, for example: Excessive speeding. Criminal Lawyers Sydney | Privacy Policy, You can nominate a driver online using the NSW governments. You can provide a signed and witnessedStatutory Declaration form (PDF 847.81KB)bymailing to: Revenue NSW 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. Without thinking she answered it and spoke to her daughter. 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. Australian redditors! I don't want to lose my license, can I get a We won't collect your email or use it for anything else. A new fine will be sent to the person you named. However, while they are sophisticated, these methods can not always identify the driver of the vehicle, which means that all fines, demerit points and other punishments are sent to the registered operator of the vehicle, whether they were driving at the time or not. Rather than lose her licence, she paid a Brazilian woman $300 to take the demerit points for her. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. These will be set out as penalty units. You will need to tell Revenue NSW why you are not able to pay for the fine in full. Your client will need to provide the personal details of the nominated driver, including name, address, licence number and date of birth. Under the circumstances, there is another good reason why the application should be granted. 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 . 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. Court election after your fine is overdue. Scan this QR code to download the app now. ? You will need to specifically ask for the 50% reduction because Revenue NSW may not offer it to you. "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.". Default means that you did not meet an obligation. You must name the person responsible within 21 days of receiving the penalty notice notice before the due date shown on the fine. 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 offences you did not commit. NSW Office of State Revenue identifies fraudulent driving offence After considering all of the evidence, Revenue NSW wrote to Isabelle to say that the fines had been withdrawn, which meant it wasnt necessary for her to go to court to challenge the fines. Companies are required by law to nominate the driver of a company vehicle for camera-detected offences.
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