Fail to Nominate the Driver of a Vehicle in NSW

When your business runs a fleet of vehicles or even just one company car, you already have a lot on your plate: payroll, compliance, client management, and endless emails. But there’s one small piece of paper that can cause big problems if ignored: the Penalty Notice.

In New South Wales, if a driver in a company vehicle commits a camera-recorded traffic offence, Revenue NSW sends a Penalty Notice to the company. It becomes the company’s legal obligation to nominate the driver responsible for the offence within 21 days. This might seem straightforward, but when things slip through the cracks, the consequences escalate quickly and dangerously.

Why Do Companies Receive Penalty Notices?

Camera-detected offences such as speeding or running a red light are tied to the vehicle’s registration. If that vehicle is registered to a business, the Penalty Notice will go directly to the company, not to the individual driving at the time.

This is why the law places the onus on the company to identify the driver.

Common reasons Penalty Notices are missed:

• Forgetting to update the company address when moving
• Invoices and letters being sent to the wrong person or department
• Internal miscommunication between staff
• Mail sitting unopened in overstuffed inboxes
• Admin overload or understaffed teams
• Ignoring early-stage fines, hoping they will just “go away”

Penalties for Failure to Nominate the Driver of a Vehicle

If a company fails to nominate the driver within 21 days, Transport for NSW initially responds by issuing increased fines for failing to nominate. Here’s where it gets serious:

• Initial fines can range from a few hundred dollars
• Non-compliance can escalate the fine to over $4,000
• Continued failure to nominate results in a Court Attendance Notice (CAN)

At this point, you’re not just dealing with paperwork and admin headaches — you’re facing a potential fine of up to $22,000 per offence in court.

What is a Court Attendance Notice (CAN)?

A CAN is a formal legal document requiring you to appear in court to answer for the offence of Fail to Nominate a Driver. It shifts the matter from an administrative penalty to a criminal one. And yes, that means a magistrate gets involved.

Consequences of ignoring or mishandling a CAN:

• Hefty fines
• Criminal record
• Damage to your company’s reputation
• Ongoing scrutiny from Revenue NSW

Why Having a Lawyer is Crucial

Fail to Nominate offences aren’t just about paying a fine — they’re about legal processes, timing, and detail. And in some cases, companies may have a legitimate defence.

A good traffic lawyer can:

• Review the timing and method of notice delivery to identify legal technicalities
• Determine if the company was legally required to nominate in the first place
• Help you prepare a compelling explanation to the court
• Suggest administrative changes to reduce future risks
• Negotiate a reduction in penalties or even avoid a conviction

How Ainsley Law Helps Businesses Facing Fail to Nominate the Driver Charges

At Ainsley Law, we understand that even the most diligent companies can be overwhelmed by admin, particularly when it comes to traffic notices that feel like background noise — until they explode into something more serious.

What we bring to the table:

• Years of experience dealing with Fail to Nominate matters in NSW
• A deep understanding of how Revenue NSW and magistrates handle these cases
• Practical tools and systems to help you better manage traffic notices going forward

We’re not just about reducing your fines — we’re about preventing repeat problems.