Naming another person as responsible

If you are the owner of the vehicle, but were not the driver or person in charge of the vehicle at the time of the offence, complete the statutory declaration provided with your penalty or penalty reminder notice and return it to us. Download the statutory declaration form.

A statutory declaration is generally accepted for:

• camera detected offences
• some littering offences
• parking, toll way offences.

The statutory declaration must be completed by the person issued with the notice and received by us before the due date on the penalty reminder notice.

If you do not supply the name and details of the person who was responsible or these are not received in time, enforcement action will commence and additional costs apply.

Although the camera is aimed at the registration number, the photograph may assist in identifying the driver so you can comply with your obligation to nominate the person responsible, by sending us a statutory declaration telling us their details. You can view a photograph of your camera detected fine through our online camera images application free of charge.

Do not disregard the fine. Complete a statutory declaration giving us the details of the person who purchased your vehicle.

A statutory declaration form is provided with penalty notices and penalty reminder notices. You can download the statutory declaration form if you need another copy.

Contact the Roads and Maritime Services and advise them of the sale of your vehicle to prevent further fines in your name.

The statutory declaration needs to be signed by an authorised representative of the company, such as:

• a director
• the company secretary.

If you do not use the form supplied, the authorised person needs to include their name and position. This should be completed on company letterhead stationery.

If an error has been made you will need to advise us of the error and who was responsible for the offence on a new statutory declaration. You should advise us you are 'retracting' your original statutory declaration because it was an error and tell us the name, address, date of birth, licence number and phone number of the person who was responsible.

We will need this information to be on a Statutory Declaration form which refers to the Oaths Act, available from your local newsagent, or at www.sdro.nsw.gov.au. It will need to have your signature witnessed by a Justice of the Peace or legal practitioner

Note: A person making a false statement in a statutory declaration is guilty of an offence, the punishment for which may include imprisonment for a term of up to 7 years

Although the photo taken by the camera is aimed at the vehicle and registration number, it may assist in identifying the driver. You can access our online camera images application to view a photograph of your camera detected fine free of charge. The person named on the penalty notice may alternatively purchase a copy of the photo of the offence, by sending us a cheque or money order for $10 with a written request. Please identify the penalty number with your request.

You may have been nominated by the owner of the vehicle as the person in charge of the vehicle at the time of the offence.

If you do not recognise the vehicle registration or location, contact us. If you were nominated by another person, we can tell you their name.

If you previously owned the vehicle but sold it before the offence date, complete the statutory declaration received with the notice. Tell us the name and details of the person who purchased the vehicle, and send us the completed statutory declaration. You need to advise the RMS of the change in ownership to prevent further fines for that vehicle in your name.

If you do not recognise the vehicle or location, contact us.

If you have someone in Australia who you would like to provide Authority to Act on your penalty, then send us a completed Authority to Act form or call us to provide your verbal authority for that person to act for you. We can then accept a statutory declaration from the person you have authorised using a witness authorised in Australia, such as a Justice of the Peace.

The RMS is notified of all penalties issued for failing to nominate and is authorised to suspend the vehicle registrations of repeat offenders.

Companies are encouraged to submit a statutory declaration naming the person responsible for the original camera detected penalty even it is too late for us to transfer liability for the penalty to that person. If received too late for liability to be transferred, we will pass the driver's details to RMS. RMS may consider this act of good faith when deciding whether to apply further sanctions on the company.

Please ensure the statutory declaration contains the penalty number for the original camera detected offence - not the penalty number for the subsequent penalty for failing to nominate within the timeframe specified.

The law prevents a fail to nominate offence being transferred to another person/party – it remains the responsibility of the registered owner.