The Reality of Falsely Nominating Another Driver in NSW and its Legal Consequences

Nominating Another Driver

Have you ever considered falsely nominating another driver to avoid a traffic violation penalty? While it might seem like a convenient alternative, especially if someone is willing to take the fall on your behalf, it will have serious legal consequences. As per Section 188 of the Road Transport Act 2013, falsely nominating another driver for a penalty infringement is a serious criminal offence. Your quick wit to avoid a penalty can land you in significant trouble. Do you wish to know more about the legal repercussions of falsely nominating another driver in NSW? Let us take you through the basics.

What Constitutes Falsely Nominating Another Driver – Demerit Point Fraud

When any vehicle is fined or charged for a traffic infringement case, be it overspeeding, signal jumping, etc., the authority issues a fine and demerit points to the driver. Unless you are pulled over on the site for the violation, the infringement notice is delivered to the permanent address of the vehicle owner. It is possible that you were not driving the vehicle at the time of the incident; that is why you can nominate the actual driver and have the demerit points added to their record. While this procedure is meant to help the residents protect their rights, some tend to misuse it, too. To avoid a fine or demerit points, you might get someone else to take the blame on your behalf. This is precisely what is called Demerit Point Fraud.

Common Scenarios Where Individuals Falsely Nominate Another Driver

When you commit a traffic offence, you are penalised using demerit points. Your driving licence can be suspended once these points cross a certain threshold. In New South Wales (NSW), your licence will be suspended if your demerit point goes beyond 13. In this scenario, they end up nominating another driver for their offence. Here are the three common scenarios for the same:

  • One might nominate a family member with their permission.
  • In a commercial context, an employee might take the blame under monetary influences.
  • One can falsely accuse a third party without their knowledge, especially if the said party has access to the vehicle.

Transferring demerit points can have significant implications. So, it is essential that you never falsely nominate another driver in NSW or any other region.

The Legal Consequences of Falsely Nominating Another Driver

When you nominate someone for a driving violation, you have to sign a statutory declaration stating the same. A statutory declaration is a document that covers all the details of the violator and acts as a formal statement which can be used to further the associated legal proceedings. As the nominee is not required to sign the statutory declaration, the number of false nominations is increasing daily. But there are stringent laws against such offences. As per Section 25 of the Oaths Act 1900, making a false statutory declaration can lead to up to 5 years imprisonment. If you willfully engage in such an act and if it is proved before a court of law, you will be punished as per the grievance of the offence.

Penalties For Falsely Nominating Another Driver

Individuals found guilty of falsely nominating a driver can face a maximum penalty of $11,000, while companies engaging in such conduct can be subject to a maximum penalty of $22,000.

Impact on your driving record and licence

  • Your driver’s licence can be suspended or revoked.
  • Future traffic violations might lead to more severe penalties.
  • In extreme circumstances, it can lead to imprisonment.
  • Additional demerit points might be added to your record.

Seeking Legal Counsel

If you have been accused of falsely nominating another driver’s NSW and need legal counsel to find your way out, our team is there to help. To establish the offence, the Prosecution must prove beyond reasonable doubt that the person knowingly falsely nominated another driver. If you did it unknowingly, we can lead your case and help you mitigate the penalty involved. A statutory defence will be available if you did not know and could not, with reasonable diligence, have ascertained the correct details of the driver at the time of the offence.

Once you get in touch with us, we will analyse your case in detail and guide you through the entire process. So, if you are charged with the above offence, call Oxford Lawyers today for an experienced solicitor to provide you with legal advice! As a trusted Traffic Offence Lawyer Sydney, we will work in your best interests and offer expert guidance and representation. Also, if another driver has falsely nominated you, we can help you with your case. We would never want you to get penalised for something you never did. Get in touch with us to know more.

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