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Have You Been Charged with Failing to Nominate the Driver of a Motor Vehicle?

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What does it mean to be charged with failing to nominate the driver of a motor vehicle?

The offence under Section 60 of the Road Safety Act 1986 concerns the duty of the owner of a motor vehicle to provide information about the driver when required by a police officer who is executing their duties.

Failure to Provide Information:

  • The owner or a relevant nominated person (someone who has been identified in relation to the vehicle, such as a registered owner or a person nominated as responsible for the vehicle at the time) must provide any information that could help identify the driver or person in possession of the vehicle at the time of the offence.
  • If a police officer asks for this information in the course of their duties, and the person fails to provide it or fails to make reasonable efforts to gather the necessary details, the person can be charged.
 

Relevant Nominated Person (Subsection 1A):

  • A “relevant nominated person” refers to someone designated in an official document (like a known user statement or sold vehicle statement) as responsible for the vehicle during the offence.
 

Failure to Comply with Police Request (Subsection 1C):

  • If the police have reasonable grounds to believe that someone had possession or control of the vehicle at the time of the incident, and that person refuses or fails to provide the requested information without a reasonable excuse, they can be charged with this offence.

What must the prosecution prove:

The prosecution must show that:

  1. You were required by a police officer to give information that may lead to the identification of a person who was the driver of a motor vehicle; and
  2. You failed to do so.

Penalties for the Offence of failing to nominate the driver of a motor vehicle:

Penalties for Failure to Comply (Subsection 2):

  • If the requirement is related to an accident resulting in death or serious injury, the penalty is up to 20 penalty units or imprisonment for up to 4 months, or both.
  • In all other cases, the penalty is up to 20 penalty units or imprisonment for up to 2 months, or both.
 

Licence Consequences:

  • If found guilty, the court must cancel all driver licences and learner permits held by the person.
  • The person is also disqualified from obtaining a driver licence or learner permit for:
    • At least 2 years for a first offence.
    • At least 4 years for a subsequent offence.

Definition of “Owner” (Subsection 3):

  • An “owner” includes:
    • The registered owner of the vehicle at the time of the incident or when the request is made.
    • Anyone in possession or control of the vehicle at those times.
    • In certain cases, even someone whose name is linked to the vehicle’s registration number at the time of the offence.
 

How Information Must Be Provided (Subsections 4-7):

  • Orally or in Writing: A police officer can request information verbally or in writing.
  • Sending by Post: If a written request is sent via post, it can be deemed served 7 days after the date listed on the requirement, even if the post is undelivered.

Where will my case be heard?

Duty of owner of motor vehicle to give information about driver cases will be heard will be heard in the Magistrates Court.

What happens to my license?

Section 60 of the Road Safety Act 1986 makes it an offence for the owner of a vehicle (or someone nominated to be responsible for it) to fail to provide information when asked by a police officer. This information is usually about who was driving the vehicle at the time of an incident or offence.

If you’re convicted of this offence, you could face a penalty and lose your driver’s licence.

The Importance of Conviction:

If you are convicted, it can trigger mandatory licence disqualification. However, whether or not a conviction is recorded is discretionary. A court may decide not to record a conviction, which can impact whether you lose your licence or face other penalties.

  • The Sentencing Act 1991 helps judges decide whether a conviction should be recorded or not.
  • If convicted, your licence will be impacted by the disqualification rules, so it’s crucial to have legal help in this case.
 

Given the importance of avoiding a conviction (especially since it can affect your ability to drive), it’s wise to consult a lawyer who knows this area of law well to help you understand your options.

Factors and Defences to consider:

Knowledge of the Offence:

  • Did you know that the police were requesting this information? If you genuinely did not know or were unaware of the request, this may aid your defence.
 

Reasonable Effort to Identify the Driver:

  • Did you make reasonable inquiries to find out who was driving or in control of the vehicle? If you made genuine efforts, such as contacting the driver or checking available information, this could help your case.
 

Cooperation with Authorities:

  • Were you cooperative when the police requested the information? If you were uncooperative or deliberately withheld information, this could worsen the situation.
 

Circumstances of the Offence:

  • Was there any urgency, confusion, or genuine misunderstanding at the time the offence occurred? Factors like miscommunication or emergency situations could be relevant.
 

Previous Offences:

  • If you have previous offences or a clean record, this could affect the penalty. A clean record might lead to a more lenient outcome.
 

Impact on Your Life:

  • How will a conviction or licence disqualification affect your life, such as your ability to work or care for family? This can be a factor the court considers when deciding on penalties.

Defences to Consider:

No Knowledge of the Offence:

  • You may argue that you were not aware of the request for information or the offence. For example, if you did not receive the request because it was sent to the wrong address, or you were unaware that an offence had occurred.
 

Honest and Reasonable Mistake:

  • If you made a reasonable mistake in identifying the driver or in assuming someone else was responsible, you might be able to use this as a defence. For instance, if the nominated person’s details were incorrect or outdated, and you genuinely believed someone else was the driver, this could be a valid defence.

Failure to Make Reasonable Inquiries:

  • If you can show that, despite your best efforts, you were unable to identify the driver or provide the information, this could reduce or negate your liability. For instance, if the driver was a friend or relative who did not leave contact details, and you had no way to contact them.
 

Unintentional Failure to Comply:

  • You might argue that the failure to comply with the police request was unintentional or due to circumstances beyond your control, such as health issues or personal emergency.

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What happens next?

If you’ve been charged with a traffic offence like failing to nominate the driver of a motor vehicle, it’s crucial to seek help from an experienced lawyer who specialises in traffic law.

At MK Law, we regularly represent clients facing these charges and understand the tactical decisions involved in defending or mitigating such charges. If your driver’s licence is important to you, don’t go to court without legal representation. A conviction could result in a long disqualification period, affecting your ability to drive for 2 to 4 years.

If you’ve been charged or are about to be interviewed, contact our office today to speak with one of our experienced traffic lawyers and discuss how we can help you navigate this process.

Do not delay, contact MK Law on 1800 130 120 today.

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  • 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
  • 1800 130 120
  • marcus@mklawfirm.com.au
Mk Law

Top 5 firms by reputation dealing with traffic and criminal law matters.

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MK Law
2/212 Barkly Street, St Kilda
Victoria, 3182
Australia

Phone: 1800 130 120
Email: marcus@mklawfirm.com.au

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