In Victoria, Fines Victoria requires vehicle owners to identify the person responsible for a driving offence when they were not the one behind the wheel. Correctly nominating the driver ensures that fines and penalties are applied fairly and helps avoid unnecessary legal complications.
Failing to provide accurate information or making a false nomination can lead to heavy fines, licence suspension, or even criminal charges.
If you have received a fine but were not driving, or if you’ve been wrongly nominated as the driver, it’s best to contact professional criminal lawyers for legal advice. Traffic law experts can guide you through the process, explain your rights, and help protect your legal interests.
Once the nomination form is correctly completed and submitted, the original infringement notice will be cancelled, and a new one will be issued to the nominated driver. The person who holds the vehicle licence does not need to take any further action or make any payment.
What Are Nomination Statement Fines Victoria?
You can nominate another driver as the responsible person for the vehicle if:
- The offence occurred while someone else was driving or in charge of the vehicle.
- You can provide evidence that the vehicle was sold or permanently disposed of before the offence date.
- You can show proof that your identity, the vehicle, or the number plates were misused.
If you were not in control of the vehicle at the time of the offence, you must identify who was driving. This process is known as nominating the responsible driver.
Do not submit a nomination if:
- The offence occurred while you were driving the vehicle.
- You sold or disposed of the vehicle after the offence date.
- You believe the vehicle or its number plates were stolen or cloned.
If you cannot accurately identify the responsible person, your nomination may not be accepted. You must provide the driver’s full name, address, driver’s licence number, and date of birth.
What Happens When You Nominate Another Driver?
Do not pay the fine if you intend to nominate another driver — even if the person is a family member.
The nominated driver will receive a new infringement notice in their own name and will be responsible for payment.
When you make a nomination, you must tell the truth. It is an offence to falsely nominate someone who was not driving. Providing false information can result in a fine exceeding $10,000 and the loss of your driver’s licence. Companies that provide false information may face even higher penalties.
Many drivers only discover nomination issues after being linked to a serious offence they did not commit. This is especially common in cases involving impairment-related infringements. To understand how these situations escalate and why proper driver identification matters, it helps to look at how roadside drug testing in Victoria is carried out and how quickly a failed test can trigger legal action.
How Much Can the Fine Be?
Fines for drink- and drug-driving offences, excessive speeding, and other serious offences are more severe than ordinary traffic fines.
If you receive one of these fines and were not the driver, you have 28 days from the date the infringement notice was issued to nominate the responsible driver.
Failing to nominate within this timeframe may result in being held liable for the offence and facing penalties such as fines and licence suspension.
Some nomination disputes arise from situations where the person behind the wheel should not have been driving at all. When an unlicensed or disqualified driver uses a vehicle without permission, the registered owner may still receive the fine in the mail. To recognise when a matter might involve more serious consequences, it can be useful to review the penalties for driving without a licence in Victoria, as these infractions often lead to tougher enforcement and stricter legal outcomes.
What Kinds of Fines Cannot Be Nominated?
You cannot make a nomination if:
- You were stopped by Victoria Police and issued a fine on the spot.
- You received a Notice of Final Demand or Enforcement Warrant for the offence.
- The fine relates to drink- or drug-driving or marine (boating) offences.
Nomination Process for Companies
Companies that fail to nominate the responsible driver for certain offences can be fined more than $3,000. This higher penalty encourages businesses to correctly identify who was driving.
Once the company nominates the responsible driver, a new infringement notice will be issued in that person’s name at the standard individual rate and with a new due date.
A company may also make a nomination if:
- Another company or individual was driving the vehicle at the time of the offence.
- The company vehicle was sold or disposed of before the offence date.
- The vehicle or number plates were stolen or cloned.
- The company received the fine in error.
It is important to nominate promptly. Once the fine has reached the Notice of Final Demand stage, it is too late — the company will remain responsible for payment.
Businesses should have clear systems in place to record and verify who is driving company vehicles. In most cases, claiming not to know who was driving is not accepted as a valid reason for failing to nominate.
Companies that fail to nominate a driver for three or more offences within 12 months may face an additional fine exceeding $22,000, even if the original fines have been paid.
What Should I Do If I Was Wrongly Nominated as the Driver?
If you receive a fine after being incorrectly nominated as the driver, you can reject the nomination.
To do this, complete an online nomination form and select the Reject Nomination option.
You must provide evidence or information supporting your claim — for example, a police report confirming that your identity was misused or that your name was fraudulently provided.
Conclusion
Nominating the correct driver for a traffic offence is an important legal responsibility in Victoria.
Providing accurate information ensures that fines and penalties are directed to the right person and prevents further legal consequences.
Failing to nominate, supplying false details, or delaying the process can result in significant fines, licence suspension, or criminal liability.
Whether you are an individual or a business owner, acting promptly and truthfully protects your rights and maintains the integrity of Victoria’s traffic infringement system.
If there is any doubt about your situation, obtaining legal advice is always the safest course of action.