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Name the driver or person responsible

If the person named on the penalty notice was not in charge of the vehicle at the time of a parking or camera detected offence, they should name the driver. If there is no name on the penalty notice, the owner of the vehicle is responsible for naming the driver. You must name the driver for demerit offences. All camera detected offences and some parking offences, especially those in school zones, have demerits.

For offences such as littering from a vehicle, you should name the person responsible. If you are unsure whether you can transfer your penalty notice to another person, you can check by entering your penalty notice number and date of offence in myPenalty.

Warning: Giving false or misleading information is a serious offence. False nomination can result loss of driving privileges and fines in court up to $11,000 for individuals and $22,000 for companies.

The nomination must be completed by the person named on the penalty notice or the owner of the vehicle if there is no name on the penalty notice. If the penalty notice is in a company name, the person completing the nomination must be an authorised representative of the company.

To name the driver or person responsible online, you must:

  • provide the name, address, date of birth and Australian driver licence number (and state of issue) of the person responsible for the vehicle at the time of the offence
  • acknowledge you are aware of the penalties for false nomination.

We will also ask for your email address and phone number.

Select Name the driver below to name the driver or person responsible.

You can also name the driver or person responsible by completing the Statutory declaration - Individuals form (PDF). 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, visit the Attorney General and Justice website.

When must I send a statutory declaration instead of naming the driver online?

You cannot name the driver online if the driver does not hold an Australian driver licence.

If other reasons apply and we need you to complete a statutory declaration in support of your online application, we will tell you. Severe penalties apply for failing to supply supporting evidence.

What is the deadline for naming the driver?

You must name the driver or person responsible by the due date on the penalty reminder notice.

I sold the vehicle before the offence, what can I do?

You will need to lodge your application online or send us a Statutory declaration - Individuals form (PDF) or Statutory declaration - Companies form (PDF) with the new owner's details.

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

What if I don't name the driver?

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

Fines up to $5,500 for individuals and $11,000 for companies can apply in court for 'Fail to nominate' offences.

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.

In some instances when you lodge online, we will need you to supply a statutory declaration in support of your online application. This includes if the driver:

  • does not hold an Australian driver licence
  • wants to have the penalty decided in court.

If you need to complete the Statutory declaration - Individuals form (PDF) or Statutory declaration - Companies form (PDF), we will advise you.

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

What if a company doesn't name the driver by the deadline?

If it is a demerit point offence and you don't name the driver before the penalty notice due date, you 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'.

Tip: companies should maintain logbooks to identify drivers of vehicles in which offences are committed.

My company receives many fines in a year - is there an easier way for us to manage naming the driver?

You can register for Company eNominations to enable your authorised representative/s to view and advise who was driving your company's vehicles for the list of penalties.

If you are already registered with us and have received your username and password, you can name the driver by accessing the button below:

Last updated: 04 April 2016