Infringements

Infringements

Cancel Loading...

Nominating another driver

Important changes from 31 December 2017

From 1 July 2017, the Infringements Act 2006 (Vic) was changed as part of Victoria's fines reform process, including new ‘social justice initiatives' that affect people experiencing vulnerability. On 31 December 2017, the Fines Reform Act 2014 (Vic) commenced, creating Fines Victoria. This resulted in significant further changes to the infringements system and substantially shorter timeframes for dealing with infringements and fines.

Please be aware of these reforms in relation to any infringements assistance that you are providing to your clients.

We are in the process of updating Homeless Law in Practice. Justice Connect Homeless Law pro bono lawyers should read our further materials about the changes here (password needed), before doing any fines work after 1 July 2017. Please speak to your supervising lawyer, team leader or Homeless Law staff for more information.

Many of the offences under the Road Safety Act 1986 (Vic) are categorised as 'operator onus' offences, including exceeding speed limits, disobeying traffic signals and travelling in designated lanes detected by road safety cameras.  If your client fails to nominate another driver,  they become liable and are 'deemed' to have committed the offence (see Road Safety Act 1986 (Vic) pt 6AA).

Strict timeframes apply to nomination (for some offences there is only 28 days to nominate), so if your client instructs that they were not driving the vehicle it's important to keep these timeframes in mind from the initial interview.

If your client instructs you that he or she was not driving the vehicle at the time of the offence, your client can apply to nominate another driver under section 84 BE of the Road Safety Act 1986 (Vic). This option is not available if a police officer issued a hand written infringement notice to your client.

 

It is an offence under section 84BI of the Road Safety Act 1986 (Vic) to knowingly provide false or misleading information in a nomination statement and can attract a maximum penalty of 60 penalty units (over $9000).  

How to nominate another driver?

If your client wants to nominate another driver, your client needs to either:

•·         complete the nomination statement on the back of the infringement notice; or

•·         download and complete the nomination statement.

Your client will need to provide the personal details of the nominated driver, including name, address, licence number and date of birth.  If your client does not know this information, your client must provide details of what reasonable and diligent enquiries he or she has made to try to identify the driver or person in possession or control of the vehicle at the time of the offence.  If your client is reluctant to nominate the other party because, for example, your client was in a violent relationship with the nominated person, your client may consider applying for revocation on the basis of special circumstances or exceptional circumstances.

For non-excessive speed offences, the nomination statement should be completed as soon as possible after receiving the infringement notice to avoid fees being added to the fine and before the fine has reached enforcement stage. 

For excessive speed offences (driving at 130 kms per hour or more or 25 kms per hour or more in excess of the speed limit), your client must make a nomination within 28 days of the date of the infringement notice was issued to avoid his or her licence being automatically suspended or cancelled.  This period will be extended if your client applied for an extension of time due to not being aware of the fine until 14 days ago or less under section 89B of the Road Safety Act 1986 (Vic) and was granted an extension.  Click here for more information about applying for an extension of time.

More information about nominating a driver, including directions on how to fill out the nomination statement and sample nomination statements, can be found here.

If the issuing agency accepts the nomination, your client's infringement notice will be withdrawn and a new infringement notice will be issued to the person your client has nominated.

If your client does not provide the required information, the issuing agency may not accept your client's nomination. If this is the case, the infringement notice will remain in your client's name.

 

If an enforcement order has been made your client cannot nominate another driver, but they may still be able to apply for the enforcement order to be revoked under the Infringements Act on the basis that they were not the driver.  More information about this process can be found here