Name the person responsible

If you have been issued with a fine, you can name the person responsible:

  • if you are named on the notice but not in charge of the vehicle

  • if you are the owner of the vehicle, the notice did not have a name listed and you were not in charge of the vehicle

  • if the offence is for littering from a vehicle

  • if you sold the vehicle before the date of the offence.

Please note that providing false or misleading information is a serious offence that can result in the loss of driving privileges and fines up to $11,000 for individuals and $22,000 for companies.

To name the driver or person responsible for the vehicle at the time of the offence, you must provide their name, address, date of birth and Australian driver licence number and state of issue.

You must name the driver or person responsible by the due date on the penalty reminder notice. If the penalty is paid you must name the driver within 90 days of the penalty and advise us if you seek a refund.

To avoid being held responsible for any penalty notices after you sell or give away a vehicle, you should also notify Roads and Maritime Services (RMS) of the disposal.

You can name the person responsible via:

Statutory declarations

You cannot name the driver via myPenalty if the driver does not hold an Australian driver licence or if the person you name intends to take the penalty to court. In this instance you must complete a Statutory Declaration. Depending on whether you are a person or the representative of a company, you can complete:

The statutory declaration must be signed and witnessed by a Justice of the Peace or other authorised person. To find a Justice of the Peace, please visit the Attorney General and Justice website.

If your company receives multiple fines you can register for Company eNominations. Once you register, you can view any subsequent fines and let us know who was driving your company's vehicle for each offence.

What happens after I name the driver?

In most cases, you don't need to do anything. A new penalty notice will be sent to the person you name as the driver advising them of the details of the offence, amount due, how to pay, their options and deadlines.

You may need to provide supporting evidence in writing, in person or in court. If we request supporting evidence and you don't supply the supporting evidence, severe penalties apply.

The company penalty notice amount is higher than the individual amount. When a company names the driver, the penalty notice sent to the driver will reduce to the individual amount.

You can log in to myPenalty to check the status on the summary page which will show:

  • the date that we received your request, and

  • if the fine has been transferred to the person named so you are no longer liable.

What if I don't name the person responsible?

If it is a demerit point offence and you don't name the person responsible before the penalty notice due date, you may receive a further penalty notice for 'Failure to nominate within time frame specified':

  • Fines up to $5,500 for individuals can apply in court for 'Fail to nominate' offences.

  • Companies will receive a further penalty notice of over $1,300 for 'Fail to nominate within time frame specified'. Repeated instances of failing to nominate result in RMS restrictions and prosecution. Fines up to $11,000 apply in court for 'Failing to nominate in the required timeframe'. Companies are advised to maintain logbooks to identify drivers of vehicles in which offences are committed.

What if I cannot remember who was driving?

On some occasions, the camera images may assist with identification of the driver. Otherwise, you should check your movements and those people who used your vehicle.

Last updated: 17 August 2017