Should I Nominate Another Person As The Driver? (WA) You can nominate a driver or person responsible on the Revenue NSW website . If you no longer possess the notice, you may contact Revenue NSW directly. You can also completea statutory declarationnominating the person responsible for the vehicle. If you name someone else, don't pay the fine. You can be fined and have restrictions on your driver licenceif you make a false nomination. 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. If youve lost your fine notice, you can contact us on 1300 138 118. 03 8373 9397 or 03 8373 9399. You must let Service NSW know when you change your mailing and residential addresses within 14 days. You may be required to provide more evidence in the form of a statutory declaration, in person or in court, and you can log back into the webpage at any point to track your requests progress. 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. To request a review of your fine, go to:www.revenue.nsw.gov.au/fines-and-fees/request-a-review. You will need to send your completed and witnessed form to: Revenue NSW Call LY Lawyers on 1300 595 299 or contact us online to book your free consultation today. However, De Franca, 36, then nominated another person as being the driver at the time of the offence, which raised suspicions among officers. Don't be a fraud when it comes to taking demerit points - dailytelegraph You will need the fine notice number and the date of the offence to use the online system. You can get the statutorydeclaration from the iii. 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. Court elections before the fine is overdue. There are no options available. Your fine will then be cancelled. You need to submit a court election by the due date on the penalty reminder notice. myPenalty will also show if Revenue NSWhave kept the fine in your name. A Sydney man was fined $99,000 and slapped with a 12-month driving suspension after blaming a series of driving offences on a person who was proven to be overseas at the time. Please help! With two school-aged children and a new job she really needed her licence so she could get them to school and then get to work. If you do not want to dispute a fine and you can pay it, then it is best to pay by the due date to avoid additional enforcement costs. "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.". 17-21 University Avenue 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. Service NSW warns against selling demerit points online | 7NEWS This is not the case. 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. 2.7 Nominating another driver. The plot was uncovered when police seized the Brazilian womans phone for unrelated offences and discovered the texts. NSW 2012. falsely nominating another person We are Sydneys most trusted criminal lawyers and have offices throughout NSW. - Thai, Yasal Danmaya htiyacnz m var? 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. Privacy Policy. You can also apply to have your overdue fine referred to the court and heard by a magistrate. 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. NSW, 2012. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. For offences such as littering from a vehicle, you should name the person responsible, even if you were the driver at the time. Giving false information when nominating another person as the driver. Please enable scripts and reload this page. Enter your email address to follow this blog and receive notifications of new posts by email. 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. Nominate someone else for a fine | Service NSW In some cases you can even do voluntary activities to pay the fine. Follow the prompts to name the driver orperson responsible. If you are out of time, you can still nominate the driver responsible, but Revenue NSW mayrefuse to accept your late nomination. 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. Applying for a Work and Development Order, Taking an overdue fine to court - Step by step guide, Preparing for court (pleading guilty) - Step by step guide, Presenting your guilty plea at court - Step by step guide, Preparing for the hearing - Step by step guide, Presenting your case at the hearing - Step by step guide, Appealing the suspension or cancellation - medical grounds, Arranging access for people with disabilities, Affidavits, statements and statutory declarations, Businesses, organisations and other services, Sample letter asking for more information - debt, Sample response to a letter of demand - debt 1, Sample response to a letter of demand - debt 2, Driving for work when you are an employee or independent contractor, If you left your goods with someone - flowchart, If someone has left their goods with you - flowchart, Responding to a statement of claim - flowchart, Step by step guide: Applying for an AVO through the police, Step by step guide: Applying for an AVO through the Local Court, Step by step guide: Preparing for the hearing, Step by step guide: Presenting your case at the hearing, Appealing the decision - Protected Person, How to respond to an application for an AVO, Step by step guide: Presenting your case at hearing, AVOs and Family Law - Frequently Asked Questions, Who's who in court - Police applications for an AVO, Who's who in court - Private applications for an AVO, Applying for a Fencing Order at NCAT - Step by step guide, Preparing for an NCAT hearing - Step by step guide, Presenting your case at an NCAT hearing - Step by step guide, Applying for a Fencing Order at the Local Court - Step by step guide, Preparing for the Local Court hearing - Step by step guide, Presenting your case at the Local Court hearing - Step by step guide, Applying to reinstate NCAT proceedings - Step by step guide, Applying to renew NCAT proceedings- Step by step guide, Certifying and registering an NCAT order - Step by step guide, Building, fixing or replacing a fence? This is called nominating another driver. 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. If you miss one of these payments you must immediately pay your fine in full, as well as a $65 late fee. It is also an offence to falsely nominate another person who did not commit the offence and the court can impose any of the following penalties, depending on whether the registered operator of the vehicle is a person or a company: 1. completing a statutory declaration and posting it to Revenue NSW. 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. On sentence, the court will also have regard to your previous traffic record and any additional failure to nominate offences. legal advice. e ofthe person you are nominating. The reason why the nomination did not occur with in 21 days. To make sure you dont miss a payment, you can set up a direct debit by calling Revenue NSW on 1300 492 392. A wide range of penalties can apply depending on what offence you have been accused of. If your company is already registered for Revenue NSW eNominations, you can manage your nominations online. - Italian, ? The 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 . If youre not sure of the due date,contact Revenue NSW on 1300 138 118. For minor traffic violations like parking in loading zones, speeding, or running red lights, the fines are organised by whatever branch is responsible and sent to the registered owner of the vehicle. I have received statutory False driver nomination JA: Some laws are different depending where you are, so could you clarify what state you're in? Review Assist Guide. You can do this online or drop in to your closest office. This can include a fine of up to $10,000. Revenue NSW will check that your nomination includes all of the necessary details and is provided within the correct time limit. In the 2014-15 financial year (to end February 2015) OSR received 202,510 driver nominations from motorists for camera-detected offences, of which 154,451 were reviewed. New comments cannot be posted and votes cannot be cast. If you are the registered owner of a motor vehicle and fail to nominate a driver, you are committing an offence. 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. Sharon now has $30 per fortnight paid directly from her Centrelink payments to Revenue NSW. We are Sydneys most trusted criminal lawyers and have offices throughout NSW. To transfer your fine to someone else, we need to know their: Driverlicence number and the state/country it was issued in. Were working to restore it. 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. If youve lost your fine and are unable to log in,contact Revenue NSW on 1300 138 118 or complete the onlineenquiry form. Find out more >. 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. 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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