Falsely nominating another driver for a Penalty Infringement is an option that crosses the minds of many people when considering the impacts of a driving offence, particularly when the infringement is to have the effect of exceeding their demerit point limit and a potential suspension of their Driver Licence.
Falsely nominating another driver by selling their demerit points or getting a family or friend to take the blame for free may appear to many people to be a minor, victimless act that is worth the avoidance of the inconvenience of losing their Driver Licence. However, falsely nominating another driver is in fact a criminal offence under Section 188 of the Road Transport Act 2013 (NSW) and the legal repercussions are very serious. You may be left with a criminal record and liable for a fine up to $11,000 for an individual, or $22,000 for a company.
Furthermore, the process of nominating another driver involves the nominator signing a Statutory Declaration. Making a false declaration is a criminal offence under Section 25 of the Oaths Act 1900 (NSW) and can lead to a maximum of 5 years imprisonment.
Unfortunately, despite the risks, many people still decide to falsely nominate another driver. If you or someone you know have been charged with falsely nominating another driver, contact our expert criminal lawyers immediately so that we may secure the best outcome for you.
NSW GOVERNMENT ESTABLISHES DEMERIT POINT INTEGRITY TASKFORCE
The NSW Labor Government led by Premier Chris Minns established the Demerit Point Integrity Taskforce to investigate the issue of falsely nominating another driver for demerit points.
The taskforce was comprised of representatives of Transport for NSW, NSW Police and Revenue NSW and it targeted those manipulating the scheme and committing the offence of falsely nominating another driver through various methods, which included but was not limited to selling the acceptance of demerit points on Facebook.
The ABC revealed that a search they conducted on Facebook marketplace revealed people offering to accept demerit points in exchange for money. NSW Roads Minister John Graham stated that they “would look at the activity on certain social media platforms where it appears that demerit points are for sale.”
The NSW Government’s actions were largely spurred by the case of a French national in NSW who was found to have had more than 200 demerit points applied to his Driver Licence.
DEMERIT POINT INTEGRITY TASKFORCE RELEASES FINDINGS
The Demerit Point Integrity Taskforce ran for three months before it released its findings to the NSW Government and is finalising wider recommendations. It found that a small minority of overseas licence holders have been falsely nominating other drivers, as well as other drivers on international licences being falsely nominated. In one extreme case, an individual accrued more than 1500 demerit points, whilst two others accrued more than 500 demerit points.
The Australian Border Force will now assist the NSW Government in fighting to reduce the prevalence of foreign nationals falsely nominating another driver and falsely being nominated as the other driver. The Australian Border Force has been requested to more quickly establish whether a nominated driver could have even been behind the wheel of a car or riding a motorbike based on their passport record. In instances where the nominated driver was not even in Australia, the system will be able to more quickly put the fine and demerit points back to the driver who falsely nominated another driver.
The Demerit Point Integrity Taskforce suspended the Driver Licences of more than 50 repeat offenders, including French nationals linked to an address in Rosebery which was used by 30 licence holders, who combined accumulated more than 2000 demerit points.
OUR PROVEN RESULTS
Our expert criminal lawyers have a proven track record in securing Not Guilty verdicts and the Withdrawing of Charges for clients who have been charged with falsely nominating another driver and making a false declaration.
CONTACT US NOW
Convictions of falsely nominating another driver and making a false declaration can have serious legal consequences. It can also have lifelong ramifications in your career and personal life. Contact us immediately for a free consultation. Our expert, specialised criminal lawyers will comprehensively analyse your case, provide our high-quality representation and guide you through the full process as we fight to secure you the best outcome.