If you do not do this, you could be held responsible for penalty notices incurred after you have disposed of the vehicle. 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 One week later David received a penalty notice in the mail. 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. If the fine remains unpaid by the finereminder due date, any demerit points for the offence will be added to your licence and further costs may be added. Key points: Documents reveal over 2,000 false declarations Drivers shifting responsibility to overseas licenses Immigration searches reveal people not responsible Nationwide News Pty Ltd 2023. A statutory declaration is a written or electronic statement of facts that you sign in front of an authorised witness. : Maximum penalty-- (a) if the offence relates to a vehicle or vessel registeredor If convicted of the offence by a court, the maximum penalty that the court may impose is $11,000. They include: When you get a penalty notice, read it carefully and make sure you know when payment is due. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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. If you are out of time to nominate who was responsible, you should getlegal advice. New comments cannot be posted and votes cannot be cast. This means you will have to pay the fine and demerit points or licence suspension from the camera recorded offence will be recorded against your licence. are not eligible for a Work and Development Order (WDO). To make sure you dont miss a payment, you can set up a direct debit by calling Revenue NSW on 1300 492 392. 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. The law will treat you as though you were the driver at the time of the original offence. An organisation's Transport for NSWcustomer numberis found on the vehicle's registration papers. You can nominate a driver or person responsible on the, You will need the finenotice number and the date of the offence to use the online system. MOTORISTS should be aware about the penalties that apply for fraudulent claims in relation to demerit points for driving offences, the NSW Commissioner for Fines Administration Tony Newbury has said. If you have sold or given away a vehicle, it is your responsibility to notify Transport for NSW. 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. ? Were sorry, this feature is currently unavailable. [* see Part 5.4]. This field is for validation purposes and should be left unchanged. download and complete apayment plan application form at: are not suitable for a payment plan with Revenue NSW. myPenalty whether Revenue NSWhave completed the transfer of the fine out of your name. This process applies to penalty notices only. In some cases you can even do voluntary activities to pay the fine. - Serbian, Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali, Necesita ayuda con cuestiones jurdicas? Sophie now practices exclusively in Level 8 [* see Part 2.5] To go to court you can apply online or fill out a court election form, go to: www.revenue.nsw.gov.au/fines-and-fees/go-to-court and send it to Revenue NSW. You must name the person responsible within 21 days of receiving the penalty notice notice before the due date shown on the fine. That way she wouldnt have to pay additional enforcement costs and could pay a small amount every fortnight until the fine is paid. 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. You can nominate yourself as the person in charge of a vehicle at the time an offence for which a penalty notice has been issued. 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. Once a fine has been paid in full the matter is finalised and no further enforcement action occurs. You can provide a signed and witnessedStatutory Declaration form (PDF 825.79KB)by using our online form or mailing to: Download the fail to nominate fact sheet (PDF 143.22KB). 2.7 Nominating another driver. contact Revenue NSW on 1300 138 118 before the due date or download and complete a payment plan application form at: To set up a payment plan for an overdue fine: contact Revenue NSW on 1300 655 805 or update your payment plan online using the myEnforcement portal. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. If successful, your fine will be transferred to the nominated person, however, it may also be rejected if you are unable to provide adequate information about the driver. You can obtain a copy of the statutory declaration from theRevenue NSW Website. This will continue until the fine is paid in full. Speeding A30 driver jailed for falsely blaming someone else 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. they were not driving the car when the offence occurred), they have an active duty to nominate the correct driver within 21 days of the issue of the penalty notice in accordance with Section 186 of the Road Transport Act 2013. You will be committing an offence by not nominating the driver. Strawberry Hills - Macedonian, Necessita de ajuda com questes jurdicas? You can nominate a driver or person responsible by: You can nominate a driver or person responsible on the Taking Demerit Points for Someone Else: Is it Illegal to Take Someone Elses Speeding Points? David and Lucy were at home watching TV when Lucy started to experience severe stomach pain. 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. This will happen if payment is made in part or in full. 95 North Quay Contact us for your FREE initial consultation. You will need to specifically ask for the 50% reduction because Revenue NSW may not offer it to you. You can apply for early enforcement as soon as you get a penalty notice. 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. You can nominate someone else if you have received a fine or overdue fine notice, but: You werent driving thevehicle at the time of the offence, You sold the vehicle before the date of the offence. "When a doubtful nomination is discovered, OSR conducts thorough investigations. All you need to do is enter the infringement notice and the date of the offence. Your fine will be cancelled. Review Assist Guide. 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. The most common sentencing outcome for these matters is a fine penalty. You can nominate a driver or person responsible on the Revenue NSW website . 17-21 University Avenue Failing to Nominate the Driver of a Vehicle - LY Lawyers Please think carefully about your options. If you are out of time, you can still nominate the driver responsible, but Revenue NSW mayrefuse to accept your late nomination. Please enable scripts and reload this page. It is not always clear exactly what offence the fine relates to. your organisation's Transport for NSWcustomer number(if applicable). Your options to deal with a penalty notice are: If you dont deal with the penalty notice by the due date on the penalty reminder notice, Revenue NSW will send you an enforcement order and an additional $65 will be added to the fine amount. If the vehicle is registered to any other type of entity (for example a business or company) the maximum penalty is $11,000. Your rating will help us improve the website. The Registrar of the Local Court may waive this fee if you ask for this when submitting your form. 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. If you nominate someone after this time, you may receive a fine for failing to nominate within a reasonable time and be issued an overdue fine. 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. Archived post. Rather than lose her licence, she paid a Brazilian woman $300 to take the demerit points for her. David immediately rushed Lucy to hospital. To find out, ask Revenue NSW or the issuing authority for more information about the offence. NSW 2012. Rather than lose her licence, she paid a Brazilian woman $300 to take the demerit points for her. 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. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. NSW Office of State Revenue identifies fraudulent driving offence On sentence, the court will also have regard to your previous traffic record and any additional failure to nominate offences. 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. Your nomination may be rejected if you do not provide enough information about the driver. Court election after your fine is overdue. How could someone just nominated her without having the drivers license detail? MOTORISTS should be aware about the penalties that apply for fraudulent claims in relation to demerit points for driving offences. Before making a court election, you may wish to consider applying for a review of the penalty (see above), as it is a lot simpler than going to court and you will still be able to make a court election if the review is unsuccessful, provided you make the court election before the penalty reminder notice due date. This can include a fine of up to $10,000. iii. 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. You will first need to pay $40 or one-sixth of your fine, whichever is greater, before the fine reminder due date. 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. Find out more about our policy and your choices, including how to opt-out. Operating Vessel Unregistered, Unlicenced or Disqualified, Appealing Police Licence Suspensions (NSW), Appealing Transport NSW Licence Suspensions, Applying to Shorten or Remove Licence Disqualification, 10 Practical tips for representing yourself, Refusing or Failing to Provide a Breath Analysis Sample (NSW), Combined Offence of Drink AND Drug Driving (NSW), Dangerous Driving Causing Grievous Bodily Harm, Dangerous Driving Offences in New South Wales, Failing to Stop and Assist After Impact Causing Injury, Failing To Stop And Give Particulars After An Accident, Refusing or Failing to Provide a Breath Test Sample (NSW), Suspended/Unlicensed/Disqualified Driving (NSW), Quashing a Habitual Traffic Offender Declaration, Heavy Vehicle Driving Under The Influence, Speeding Trucks Heavy Vehicle Speed Limiters, The Heavy Vehicle National Law and Regulator, 10 Practical Tips For Representing Yourself In Court, Removing A Disqualification Of Your Driver Licence, Applying to Remove a License Disqualification (QLD), Cumulative Licence Disqualifications (Qld), Honest and Reasonable Mistake and Driving Whilst Suspended/Disqualified (Vic), Driving in a Manner Which is Dangerous to the Public, Hoon Driving Offences and Vehicle Impoundment, Dealing With a Speeding Fine and Points (VIC), Mandatory Sentencing For Driving Offences (Vic), Drink Driving Offences in Western Australia, Serious Traffic Offences in Western Australia, Should I Nominate Another Person As The Driver? Default means that you did not meet an obligation. If you falsely nominate another person as the driver, serious penalties apply. Lose access to the car In 2021, a penalty unit is $110, so if the maximum fine is 10 penalty units, that means it is $1,100. If the penalty notice relates to a parking or traffic offence issued to you as the registered owner of the vehicle, and you were not the driver of the vehicle, you can apply online telling Revenue NSW the name and address of the responsible driver. Passport number and country of issue if you're nominating an international driver. Sydney NSW 2000, Level 13 Read more about the documents Revenue NSW will accept as supporting evidence on the Review Assist page. Complete the nomination online see the back of the fine for where to do this. You can get the statutorydeclaration from the 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. All times AEST (GMT +10). Dishonest drivers selling demerit points reminded of hefty fines Revenue NSWwebsite. If the fine was issued to a company, you can complete the 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 . 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. 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 The penalty notice will be withdrawn from your name and a new notice will be issued to the correct driver. Examples of Falsely Nominating Another Driver in NSW, Sydney Woman Fined $7000 for Speeding Fine Fraud.
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