Failure to Nominate Offences
At Jackson John Defence Lawyers, we understand that having your licence suspended can be an overwhelming experience. However, our team of experts are vastly experienced with the licence suspension appeal process and have a proven track record of success. We will work with you to build a strong case and represent you at all stages of the appeal process, fighting for your rights so that you receive the best outcome possible
What You Need to Know
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What is a Failure to Nominate?
If you or your company is the registered owner of a vehicle, which is involved in a traffic infringement, and you fail to nominate the driver that committed the offence, then you or your company has committed the offence of failure to nominate. This is because it is expected that the driver who committed the offence should accept responsibility for their actions, and as such the registered owner of the vehicle should nominate them.
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What is the Law?
Under Section 186 of the Road Transport Act 2013 (NSW), a person who:
- Is issued with a penalty notice or a court attendance notice in respect of a camera recorded offence, and
- Was not the driver of the vehicle to which the offence relates at the time the offence occurred,
must, within 21 days after the issue of the notice, supply by relevant nomination document to the authorised officer under section 195 (in the case of a penalty notice) or the prosecutor (in the case of a court attendance notice) the nomination details of the person who was in charge of the vehicle at the time the offence occurred.
The usual penalty for a failure to nominate offence is a fine.
Legal Implications?
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What if you Nominate the Wrong Person?
Under Section 188(2) of the Road Transport Act 2013 (NSW), a person must not, in a relevant nomination document supplied under section 186, falsely nominate a person (including the person making the nomination) as the person who was in charge of the vehicle at the time the offence occurred.
The maximum penalty in this respect for a vehicle registered otherwise than in the name of a natural person is $22,000.00 In any other case, the maximum penalty is $11,000.00.
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What if you Didn’t Know?
Under Section 188 of the Road Transport Act 2013 (NSW), a failure to nominate offence can be defended if the responsible person who received the penalty notice did not know and could not with reasonable diligence have ascertained the correct details.
It is important to note that the burden of proof lies with the Prosecution to prove that the accused is guilty of the offence beyond a reasonable doubt. If the accused raises a defence that casts a reasonable doubt on their guilt, then the accused must be acquitted.
Penalty Structure for Failure to Nominate Offences: Natural Persons vs. Corporations
If the failure to nominate has been dealt with by way of a penalty notice, the maximum penalties that apply are:
| Offence | Natural Person | Corporation |
|---|---|---|
| First Offence | $723.00 | $1,528.00 |
| Second Offence | $723.00 | $4,097.00 |
When dealt with by way of a Court Attendance Notice, the maximum penalties that apply are:
| Offence | Natural Person | Corporation |
|---|---|---|
| First Offence | 5,500.00 | $22,000.00 |
| Second Offence | 5,500.00 | $22,000.00 |
Why Jackson John Defence Lawyers?
Our team at Jackson John Defence Lawyers will carefully review your case, keep you informed of your options, and advise you on the best course of action throughout the legal process. Our wealth of expertise and experience make us the perfect team to have by your side.
If you have been charged with a failure to nominate offence, please do not hesitate to contact Jackson John Defence Lawyers today to arrange your free 15-minute initial consultation. We are here to help you.
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