NSW Son Fined for Employer's Unregistered Vehicle - What to Do?

[Grakat]

Hello everyone,

I am posting this question on behalf of my son who was pulled over for driving an unregistered vehicle while at work. The vehicle was a work ute which had company labels on it. He drove the vehicle to perform deliveries, however drove his own vehicle to and from work. There are no rego labels on light vehicles so it is difficult to check at the best of times that the vehicle is registered.

The officer who pulled him over was actually quite understanding of the predicament however issued the fine. My son took the infringement back to his employer, and said that in all fairness his employer should pay the fine. His employer has not done so, as a result the SDRO are chasing him for payment.

Do we have any options? I am happy to assist him in taking the matter to court? Is there an onus on a driver of a vehicle to ensure that a vehicle is registered when they are not the registered owner of the vehicle.

What would be a possible path of action?

 

[Jermy]

Hello everyone,

I am posting this question on behalf of my son who was pulled over for driving an unregistered vehicle while at work. The vehicle was a work ute which had company labels on it. He drove the vehicle to perform deliveries, however drove his own vehicle to and from work. There are no rego labels on light vehicles so it is difficult to check at the best of times that the vehicle is registered.

The officer who pulled him over was actually quite understanding of the predicament however issued the fine. My son took the infringement back to his employer, and said that in all fairness his employer should pay the fine. His employer has not done so, as a result the SDRO are chasing him for payment.

Do we have any options? I am happy to assist him in taking the matter to court? Is there an onus on a driver of a vehicle to ensure that a vehicle is registered when they are not the registered owner of the vehicle.

What would be a possible path of action?

Hi,

I am not sure but he can ask the employer to pay, it is good to ask legal aid, they may give you a better answer, but one point comes to mind, is that if he goes after the employer from a legal point he will put his job in risk. I think it is best to try and resolve it internally with the employer to come to a satisfactory outcome.

I hope that helps.

 

[Grakat]

Hi Jeremy,

Thank you for your reply. His employer is now his ex employer, they said they didn't have enough work and got rid of him. Therefore I don't believe their is any employment to protect.

Regards

 

[Jermy]

Hi
,
As mentioned he can go to legal aid to get a better answer, but I am sure that he can ask the employer to pay (and get it legally) as it is the responsibility of the employer to provide resources to the employees in safe and working condition (this is my thought only and I'm sure that legal aid will tell the same but better to ask anyway). As for the ex-employer, if there was not enough work, then this is life, did your son leave on good terms?

If so, I think it will be better to keep it on good terms so in future when works picks up, the employer will call him. I am sure if he talks to his employer, it will be resolved in a good way.

Good luck.