Name the person responsible

Use our online service to view camera images and transfer a fine to the person responsible for an offence. You can do this if they have an Australian licence and:

  • you were not in charge of your vehicle when the offence happened. You can transfer the fine even if the penalty notice you receive does not name you and is left blank

  • you sold the vehicle before the date of the offence, or

  • the offence is for littering from a vehicle.

The deadline to act is:

  • the due date on the penalty reminder notice, or

  • 90 days from the issue date on the penalty notice, if you have already paid. Let us know if you are seeking a refund.

An online service especially for businesses and organisations is available. It saves time for organisations that must regularly process driver nominations, such as those with car fleets. Refer to the ‘Online service for businesses’ information on this page.

Tip: update Roads and Maritime Services (RMS) if you cease to own a vehicle. This will help prevent you being issued a fine if the vehicle is later involved in an offence.

Before you transfer the fine

You will need:

  • your penalty notice details
  • the responsible person’s details (name, address, date of birth, Australian driver licence number and state of issue).

Go to our online service now:

We do checks against the information you supply. If you give false or misleading information, you may:

  • lose the right to drive
  • be fined up to $11,000, as an individual
  • be fined up to $22,000, as a company.

Online service for businesses

We have an online service with added functionality for organisations that submit nominations involving their vehicles.

Organisations can register to have their own account. It provides:

  • access to a full list of penalties to be actioned (from the date you registered for this service)

  • email notifications prompting users to check their account for new penalties. This helps staff who lodge driver nominations to process them on time

  • quicker processing of multiple nominations

  • a seamless electronic process for nominating international drivers

  • the ability to log on to check the status of any penalty received

  • email confirmation of:

    • nominations successfully submitted to Revenue NSW for processing
    • other action you may need to take
    • liability being transferred.

To use this service, complete the Business registration process. Unincorporated organisations who cannot use this service can still nominate through myPenalty.

If you are already registered, access the online nomination service for businesses.

Other information for businesses

If a fine is received before you have registered for the online service for businesses, or your business rarely needs to nominate a driver, use myPenalty instead.

Unregistered businesses that need to name an international driver must complete a statutory declaration form. Refer to the statutory declarations information.

Businesses should maintain logbooks so they can identify drivers if an offence occurs.

The company penalty notice amount is higher than the individual amount. When a company names the person responsible, the new penalty notice will show the reduced individual amount.

If a business does not carry out its responsibility to nominate the driver, it will receive a further penalty notice of over $1,300 for a 'Fail to nominate within time frame specified' offence. Repeated instances of failing to nominate result in RMS restrictions and prosecution. Fines of up to $11,000 apply in court.

Statutory declarations

You must complete a statutory declaration form to transfer a fine if you:

  • cannot nominate online
  • need to name an international driver (and you are not an organisation registered to use our service for businesses), or
  • transfer the penalty to someone who then takes the matter to court.

A Justice of the Peace (JP) or other authorised person must sign and witness the statutory declaration form. You can find a JP using the NSW Justice website.

Access the relevant form:

Details of international drivers

You will need their full name, address, date of birth, driver licence number and country of issue. It helps if you can provide other details and documents. These include passport information, employment records or rental agreements.

All nominations of international licence holders are checked against Australian Border Force records. This is to ensure the person was in Australia when the offence happened.

If you let someone with an overseas licence drive your vehicle, check their name and details so they can be matched to Government records.

What happens next?

In most cases, you don't need to do anything. A new penalty notice will be sent to the person you name. This will contain:

  • the details of the offence
  • the amount due
  • how to pay
  • the person’s options
  • deadlines.

You may need to give supporting evidence in writing, in person or in court. You may face severe penalties if you do not give the supporting evidence asked for.

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

  • the date we received your request
  • if the fine has been transferred and you are no longer liable.

Not naming the person responsible

For demerit point offences, you can be fined if you do not name the person responsible before the penalty reminder notice due date. You may receive:

  • another penalty notice for 'Failure to nominate within time frame specified'
  • a fine of up to $5,500 in court for 'Fail to nominate' offences.

What if I do not know who was driving?

Camera images are available through myPenalty for camera-detected speeding, traffic and, in some cases, parking offences. This may help you identify the driver. Otherwise, check your movements and who used your vehicle.

Last updated: 20 March 2018