Fine of vehicle registered under ABN

Discussion in 'Traffic Law Forum' started by Timinal, 19 September 2018.

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  1. Timinal

    Timinal Member

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    I got a fine for a vehicle thats registered in my ABN, now Im upto final notice and they said I nominated myself as the driver 2 days late so I have to pay a $3325 fine, just wondering if there is any way around this or do I have to pay the 3325?
     
  2. Adam1user

    Adam1user Well-Known Member

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    Unless you have a very good reason for not responding to the first couple of notices, I don't think there is anyway to get out of it, unless you engage a lawyer which in the end get paying the same or more money: less for the fine and the most to the lawyer.
    Giving an excuse now for not responding will not do good now as you already have talked with them, you could try but I doubt it will work.
    Just pay it, I'm curious, what was the fine for?
     
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  3. Tim W

    Tim W Lawyer
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    You've pretty much got nothing.

    Driving offences (which are crime) are committed by flesh and blood people.
    That the vehicle used might be registered to a business
    does not make any difference to that.

    You could well have court-elected the infringement when it first came in,
    but you didn't.
    Now, at Final Notice, the time available for you to choose that path
    has almost certainly expired.

    If it wasn't you driving (I note that you do say it was you),
    then you could have nominated who the driver was (one of your employees, maybe?),
    in which case they would have been liable for the fine,
    but you didn't.
    Now, the time to take that path, it it ever existed,
    will have almost certainly expired.

    Lawyer Tip: Do not ever nominate yourself as a driver if you were not.
    "Taking the points" or "copping the fine" for somebody else... don't.


    Lastly, I'm curious.... That's a big amount for single fine.
    Was it one offence, or was it multiple infringements
    (perhaps on a defective heavy vehicle)?
     
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  4. Rob Legat - SBPL

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    I'd say it was a single offence and the government has applied 4x/5x (?) penalty in the case of an incorporated body.
     
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  5. Timinal

    Timinal Member

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    Yeah it was a single offense speeding less than 10ks over. Guess I'll just have to pay it, it just doesn't make sense cause this way no one loses demerit points, so you'd be abel to cop these fines with out ever losing your license?
     
  6. Tim W

    Tim W Lawyer
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    Typically, a business will nominate the driver,
    who is then responsible for the fine, and/or any points.
     
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  7. Timinal

    Timinal Member

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    There's no option to nominate anyone now cause it's the final notice though
     
  8. Tim W

    Tim W Lawyer
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    Correct.
    Why didn't you do it at the time?
     
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