Camera offences and demerit point penalties are common across NSW, but incorrectly nominating a driver can result in serious legal consequences. What may seem like a simple administrative mistake can lead to fines or even criminal charges.
In these situations, speaking with an experienced traffic lawyer can help you understand your legal options and avoid more serious consequences such as driving while disqualified charges.
What Is a Driver Nomination?
A driver nomination allows the registered owner of a vehicle to transfer a penalty notice and demerit points to the person who was in charge of the vehicle at the time of the offence.
The owner must complete a driver nomination form identifying the person in charge of the vehicle at the time of the offence if they were not the driver. Failure to nominate in these circumstances is an offence.
Once processed, the penalty is transferred to the nominated person.
When Driver Nominations Become a Problem
Not every incorrect driver nomination is deliberate. In some cases, there may be genuine confusion about who was driving at the time of the offence.
Potential issues often arise when:
- the owner incorrectly remembers who was driving
- a friend or family member asks someone else to take the points
- multiple drivers use the same vehicle
- someone attempts to avoid losing their licence by making a false nomination
Authorities treat false nominations seriously because they undermine the system that keeps our roads safe.
Penalties for False Driver Nominations
Providing false driver details can result in significant penalties.
These may include:
- substantial fines
- criminal charges
With access to sophisticated technology, enforcement agencies are able to use information such as border force records to identify when a nomination is false — for example, when the nominated person was not in the country at the time of the offence.
There are schemes by criminal organisations where people advertise the possibility of payment for someone else taking demerit points. Transport for NSW often monitors these and can take strong enforcement action against those who engage with them.
Defending a False Nomination Charge
Not every incorrect nomination is intentional, and if handled well in the initial stages, these matters can often be resolved without going to court.
Often the first indication that authorities are investigating a possible false nomination is a letter requiring you to explain the nomination you have made. Responding carefully to this letter is important to avoid the situation escalating into a criminal matter.
An experienced traffic lawyer can help you communicate effectively with authorities and reduce the risk of the matter progressing to court.
Why Legal Advice Is Important
False driver nomination allegations can quickly escalate into serious legal matters.
A traffic lawyer can:
- review the evidence
- liaise with authorities to resolve the matter without going to court
- identify possible defences
- represent you in court
- minimise penalties
Early advice can make all the difference. Contact Ainsley Law today for trusted legal guidance and experienced representation.
Please call 0416 224 601 or leave an enquiry.