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This section covers:
You can tell Revenue NSW that you were not responsible for the vehicle when the offence took place. You may need to do this if you:
You will need to provide Revenue NSW with some important information including:
If you do not know who was responsible for the vehicle or do not know much information about them, you should get legal advice.
You have until the due date on the penalty reminder notice to nominate the person responsible for the vehicle. If you nominate someone after this time, you may receive a fine for failing to nominate within a reasonable time.
If you have already paid the fine (before the penalty reminder notice was issued) but want to nominate another driver, you have up to 90 days from the date the penalty notice was served to do this.
If you are out of time, you can still nominate the driver responsible, but Revenue NSW may refuse to accept your late nomination. If you are out of time to nominate who was responsible, you should get legal advice.
You can nominate a driver or person responsible by:
You can nominate a driver or person responsible on the
Revenue NSW website.
You will need the penalty notice number and the date of the offence to use the online system. You will be asked to provide the name, address, date of birth and Australian driver license of the person you are nominating. You will also asked for your email address and telephone number.
It is an offence to give false or misleading information.
You can also complete a statutory declaration nominating the person responsible for the vehicle. You can get the statutory declaration from the
Revenue NSW website. You must complete the statutory declaration and have it witnessed by a Justice of Peace or other authorised person such as a NSW legal practitioner. To find a local Justice of the Peace, see Finding a JP on the Department of Communities and Justice website.
You should also send any evidence you have to support your statutory declaration such as copies of plane tickets if you were on holidays at the time of the offence, or an explanation that the photograph on the Revenue NSW website shows a male driver if you are female for example.
If the fine was issued to a company, you can complete the
Statutory Declaration - Companies.
In some circumstances, you must use a statutory declaration rather than the online form, for example when the other driver does not have an Australian driver licence.
If you do not know who was responsible for the vehicle at the time of the offence you should get legal advice.
You cannot email or fax the statutory declaration to Revenue NSW. You will need to send your completed and witnessed form to:
PO Box 786
You should make sure you post the statutory declaration to Revenue NSW well before the due date. If it arrives with Revenue NSW after the due date, they may not accept it.
If you do not nominate the person responsible for the vehicle, the fine will remain in your name and Revenue NSW will seek payment for the fine from you. If the fine remains unpaid by the penalty reminder due date, any demerit points for the offence will be added to your licence and further costs may be added. For more information see
What if I do nothing?
If you are out of time to nominate the responsible person, you should get
Once Revenue NSW receives your nomination, Revenue NSW will issue a new fine to the person you nominated.
You can check on
myPenalty whether Revenue NSW have completed the transfer of the fine out of your name. myPenalty will also show if Revenue NSW have kept the fine in your name. You will receive reasons for this in the post or by email. If Revenue NSW do not transfer a fine to the responsible person you should get