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How do I determine who was in charge of the vehicle at the time of the offence?
If you received a penalty notice for an offence by a vehicle you do not usually drive, check the registration and offence details to determine if you were responsible. You may have been nominated by the owner.
To help determine who was driving your vehicle, check your diary, the location of the offence, the date and time of day, and consider who else may have been driving.
If it is a company vehicle, refer to the logbooks to identify the driver.
If you believe you have been nominated in error, contact us.
Note: a person who intentionally makes a false statement in a statutory declaration is guilty of an offence punishable by up to four years in prison.
If the penalty notice is for an offence which has demerit points, it is an offence not to nominate the person responsible.
Companies who fail to tell us the person responsible before the due date on the penalty reminder notice will be issued with a further fine for $974. For individuals, the fine is $461.
If you were not driving the vehicle and didn't tell us so before the penalty notice becomes an enforcement order, you need to send:
- the statutory declaration
- a $50 non-refundable fee
- an annulment application
We will consider your application and may transfer liability to the person nominated without you having to attend court.
