Hi there. In Victoria, when a person receives a traffic infringement notice for an offence that was actually committed by another driver, they may nominate that driver as the person responsible. The nominated person will become responsible for payment of the fine and the loss of any demerit points, if applicable. To do this, you must nominate a driver within 28 days of receiving the infringement notice, otherwise your application may not be accepted.

It appears that you amended your Nomination Statement to include a different driver, when in fact the initial nomination was correct. In this situation, is important that you remedy your error as soon as possible by contacting the authority that issued the fine and explaining your situation. Failing to correct your mistake may result in you being found to have provided false and misleading information, and liable for a fine of up to $9,000 and the loss of your licence.

The issuing authority may decide to reject your application, for whatever reason, in which case the person initially identified on the infringement notice will remain responsible for paying the penalty.

Suggested way forward

You should contact the authority that issued the fine to correct your mistake and ensure the infringement notice is issued in the name of the correct driver. If you are concerned you may be liable for an offence, you should consider speaking to a lawyer about your legal right and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.