How to transfer the penalty to the responsible person
To transfer liability for the penalty notice and any relevant demerit points to the person who was driving, the person named on the penalty notice (or an authorised representative of the company named on the penalty notice) must send us a completed statutory declaration form by the due date on the penalty reminder notice.
Note: If the penalty notice is currently in the name of an organisation and you fail to nominate the driver by the due date on the penalty reminder notice, you will receive a further penalty notice for over $1000 for 'Fail to Nominate within timeframe specified'. The penalty for individuals is over $450 . NSW Roads and Maritime Services (RMS) also deregisters the vehicles of repeat offenders.
A penalty issued for 'Failing to Nominate the driver Within Timeframe Specified' cannot be transferred to the driver responsible for the original camera detected offence. It remains the responsibility of the registered owner of the vehicle. The owner is still encouraged to submit a statutory declaration naming the driver at the time of the original offence. If received too late to transfer liability they may remain responsible for the offence, but will be passed to RMS to demonstrate their good faith in attempting to nominate.
If you were not the owner of the vehicle at the time, and have not yet updated your records at the RMS, you should do so now to prevent further fines being issued in your name for offences incurred in that vehicle. You will also need to provide SDRO with a statutory declaration giving the details of the new owner for any penalty notices already issued to you.
For details of demerit points offences, please visit the RMS website.
Liability cannot be transferred for an 'on-the-spot' fine issued to an individual by a police officer, rail transit officer or other authorised government officer. A statutory declaration will be sent with your penalty reminder notice if the penalty is transferrable.
If you are overseas and unable to locate someone authorised to witness a statutory declaration in that country, you can choose to complete and send us an Authority to Act form to authorise a person in Australia to complete a statutory declaration naming the person responsible for the offence, on your behalf. They may have easier and cheaper access to an authorised witness such as a Justice of the Peace.
Last updated:
24-Jan-2012
Resources