You can get the statutorydeclaration from 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 offences you did not commit. It is also important to note that if you are nominating another driver, you should not pay the fine. You must name the person responsible within 21 days of receiving the penalty notice notice before the due date shown on the fine. He received fines for speeding and parking offences and never paid them. PDF form Statutory declaration for a fine notice Individual, or. If you want to request a review of your fine you may do so at my Penalty, which is Revenue NSWs website. If the vehicle is registered to any other type of entity (for example a business or company) the maximum penalty is $11,000. Falsely or fraudulently nominating the wrong person as the driver of your vehicle is a serious offence that can incur huge financial penalties. 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. 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. - Samoan, ? Dishonest drivers selling demerit points reminded of hefty fines 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. 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. Instead, he was given an almost $100,000 fine and a criminal conviction. If the offence incurs demerit points with Transport for NSW, these will be applied once payment is made. If Revenue NSWdo not transfer a fine to the responsible person you shouldget The law will treat you as though you were the driver at the time of the original offence. NSW, 2012. This is called nominating another driver. Nominate someone else for a fine | Service NSW completing a statutory declaration and posting it to Revenue NSW. 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. Although the fine itself will be reduced by 50%, this will not change the status of other penalties you have incurred such as demerit points, driver licence sanctions, suspensions, cancellations or disqualifications. You must lodge the nomination within 21 days of the issue of the penalty notice in accordance with Section 186 of the Road Transport Act 2013 to avoid being charged with fail to nominate the driver of a vehicle. - Serbian, Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali, Necesita ayuda con cuestiones jurdicas? Key points: Documents reveal over 2,000 false declarations Drivers shifting responsibility to overseas licenses Immigration searches reveal people not responsible 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. 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. 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. The form can be completed online through the Revenue NSW website. You can check on 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. A person who fails to do so may be charged with the offence fail to nominate the driver of a vehicle. You might also be required to give this information in person. The government closely review driver nominations to identify potential fraudulent declarations and hold the offending parties responsible. 19. The one year period ends tomorrow and today in the mail I had just been caught on camera for speeding last week which could ultimately result in me losing my license. You can nominate another driver at any time, even after enforcement. You can be fined and have restrictions on your driver licenceif you make a false nomination. 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. Passport number and country of issue if you're nominating an international driver. This is not the case. We are Sydneys most trusted criminal lawyers and have offices throughout NSW. False driver nomination. 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. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. Statutory Declaration form (PDF 847.81KB), Statutory Declaration form (PDF 825.79KB), Work and Development Order (WDO) sponsors. To find out, ask Revenue NSW or the issuing authority for more information about the offence. Once Revenue NSW receives your nomination, Revenue NSWwill issue a new fine to the person you nominated. If you are in fine default, there are extra costs for fine enforcement. 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 some cases you can even do voluntary activities to pay the fine. 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. She was also able to provide police records and a statement she had made to them about her former partner. Revenue NSW will not consider applications for leniency for some more serious offences, where safety is an issue, for example: Excessive speeding. Reddit and its partners use cookies and similar technologies to provide you with a better experience. and our If youre not sure of the due date,contact Revenue NSW on 1300 138 118. As well as the amount of money you owe increasing, you could have your: Even if you dont think you can afford to pay a penalty notice, there are ways to deal with it, which will stop further action being taken against you. Statutory Declaration - Companies. 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. OSR's reviews found 1,094 nominations were potentially false. 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. Nationwide News Pty Ltd 2023. Fortunately, she was able to receive treatment in time and made a full recovery. 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. There are significant penalties for this offence including fines. The Revenue NSW Review Guidelines explain what evidence you need to provide when you ask for this type of review. It is an offence to give false or misleading information. Speak Directly To a Lawyer Now 1300 038 223 Open 7am - Midnight, 7 days Or have our lawyers call you: Call me later you were the driver and the fine was issued to another person or to your company or organisation you sold or disposed of the vehicle before the fine was issued the vehicle was stolen before the fine was issued 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. [* see Part 5.4]. 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. It can be used to confirm personal details or as a statement and can be used as evidence in criminal or civil proceedings. A lawyer can help you decide if this is the right option for you. (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. You can also completea statutory declarationnominating the person responsible for the vehicle. 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. Your fine will be cancelled. Privacy Policy. If it is accepted, a new fine will be sent to the driver that you nominated. We may also ask for more evidence in writing, in person or in court. If you name someone else, don't pay the fine. When Revenue NSW receives the court election form, they will send you a court attendance notice telling you when to go to court. Please try again later. their driver licence number (if they have anAustralian licence) or the country of issue of licence (if they are aninternational driver).
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