If you have already paid the fine, you have 90 days from the date the penalty was issued to apply. You need to submit a court election by the due date on the penalty reminder notice. If your application is approved, you will receive written notification and be given options on how to deal with the rest of your fine (such as through a payment plan). Fine for misleading nomination of other drivers - Driving licences There are no options available. To login, youll need to enter the penalty or infringement notice number and the date of the offence. You can nominate another driver online you will need your penalty notice to do this. These matters are often prosecuted where a nomination is not made on the offence, or when a nomination is made far outside the 21 day time frame. If you have been accused of driving offences, falsely nominating, or failing to nominate a driver, our specialised traffic lawyers can assist you and will use their abundant experience and expertise to find you the best possible outcome. It can be used to confirm personal details or as a statement and can be used as evidence in criminal or civil proceedings. Dishonest drivers selling demerit points reminded of hefty fines If you nominate someone after this time, you may receive a fine for failing to nominate within a reasonable time and be issued an overdue fine. [* see Parts 2.22.10]. Criminal Lawyers Sydney | Privacy Policy, You can nominate a driver online using the NSW governments. You cant use the nomination process if you were given an on-the-spot fine by a police officer, a rail transit officer or another authorised government officer. This will continue until the fine is paid in full. their driver licence number (if they have anAustralian licence) or the country of issue of licence (if they are aninternational driver). It is an offence to falsely nominate another person for a driving offence or to knowingly accept responsibility for driving offences you did not commit,Mr Newbury reminded. "When a doubtful nomination is discovered, OSR conducts thorough investigations. However, this is not always the case, even where the nomination is filed outside of time, Revenue NSW may exercise its discretion and decide not to pursue a charge of failing to nominate against the person. Yes, making a false statutory declaration is always a crime. Please think carefully about your options. Followed categories will be added to My News. Ballina street living in fear at gang's "campaign of terror", GetUp, Lock the Gate earn commissions from anti-CSG campaign, Uralba residents cheer as Ballina council approves NBN tower, Woman accused of much-loved Lismore grandmothers murder, NRRRL: massive grand final rematch, huge comeback victory. Making a false nomination If you falsely nominate another person as the driver, serious penalties apply. The form can be completed online through the Revenue NSW website. We are Sydneys most trusted criminal lawyers and have offices throughout NSW. A NSW Police patrol vehicle "Anyone who deliberately tries to defraud the system by falsely nominating another person risks being prosecuted and ultimately earning themselves a criminal record," says Commissioner of Fines Administration, Stephen Brady. . webpage which requires your details, drivers licence number, passport number (if nominating an international driver), penalty notice number and the day of the offence. "The NSW Office of State Revenue (OSR) reviews driver nominations to identify potential fraudulent declarations," he said. "Anyone who deliberately tries to defraud the system by falsely nominating another person risks being prosecuted and ultimately earning themselves a criminal record," Mr Brady said. Mr Brady said the NSW Office of State Revenue (OSR) checks all driver nominations against RMS records for license details and immigration records to confirm the nominated person in the country at the time of each offence. Sophie Ogborne has a Bachelor of Laws from University of Wollongong and a Graduate Diploma of Legal Practice from the College of Law. The penalty amounts for fines issued by OSR for either falsely nominating or failing to nominate are $623 for individuals and $1,315 for corporations ($3,526 for second or subsequent failure to nominate offences by corporations). You can set up a payment plan to pay over a longer period on your fine or overdue fine. You can provide a signed and witnessedStatutory Declaration form (PDF 847.81KB)bymailing to: Revenue NSW
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