New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 188

188 Offences relating to nominations

(cf Gen Act, s 179(6) and (7))

(1) Offence--failure to comply with section 186 A person must comply with section 186 unless the person satisfies--

(a) in the case of a penalty notice--the authorised officer, or

(b) in the case of a court attendance notice--the court dealing with the camera recorded offence, or

(c) in either case--the court dealing with the offence of failing to comply with section 186,

that the person did not know and could not with reasonable diligence have ascertained the nomination details.

: Maximum penalty--

(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person--200 penalty units, or

(b) in any other case--50 penalty units.

(1A) For the purposes of subsection (1), if a person is a corporation, the person must--

(a) nominate an officer of the corporation to undertake to ascertain the nomination details of the person who was in charge of the vehicle at the time the offence occurred, and

(b) require the nominated officer to complete a statutory declaration as to the efforts undertaken to ascertain the nomination details, and

(c) provide the authorised officer or court, as the case may be, with the statutory declaration of the nominated officer.

(2) Offence--false nomination of person in charge of vehicle A person must not, in a relevant nomination document supplied under section 186, falsely nominate a person (including the person making the nomination) as the person who was in charge of the vehicle at the time the offence occurred.

: Maximum penalty--

(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person--200 penalty units, or

(b) in any other case--100 penalty units.

(3) A person falsely nominates a person as the person in charge of a vehicle for the purposes of subsection (2) if false nomination details for the person are supplied in a relevant nomination document.