VIC Traffic Infringement Notice While Using Company Vehicle?

[hydronic]

Hi, this question relates to Victoria.

I have been nominated for a lot of traffic infringement notices in a company vehicle over the last two years. This has resulted in me losing my drivers licence, not knowing about it until I was pulled over by the police. Then having to go to court, where I received a $500 fine, as I was unaware of any of the infringements and that my licence had been suspended.

I currently owe around $9000 in fines. The company never informed me of the infringement notices, and they were all in company vehicles with no proof of who was driving them at the time. I have no idea if it was me driving the vehicle or not.

Any help on this matter would be greatly appreciated.

Also, when I called up to see what fines I owed, I was told they would put me on a payment scheme, which was about 4 months ago but I have not heard anything since. Also I have not paid the $500 fine I received from court as they have not sent me anything to ask for the money.

Where do I stand legally?

Thanks

 

[Adam1user]

Hi,

There is no record at all of who used the company vehicle? I think there should be, as from my experience, there is a log book who is signed by each person who used the vehicle.

What I can recommend is to obtain a listing of all the infringements and see if there were any while you were on leave or public holiday, that way you can prove that it was not you for some of the infringements and therefore come to an agreement.

Other point, I don't recommend that you wait for hearing back about the payment plan, it may fall on your head if there was someone lazy on their side, you will pay for it, so it is better to have something in writing: for example asking you to wait, then you will be in the clear.

Hope this helps.

 

[Clancy]

Without that logbook, you are entitled to reject all the fines.

This is how the system works - the employer nominates you as the driver, you are then 'supposed' to receive the fine and have an opportunity to reject the nomination. No one can stop you rejecting the nomination, it is your rite, then the fine reverts back to the employer and they need to prove you were driving or they have to pay the fine and it will be much more expensive.

A lot of people chose to pay these type of fines because it is their employer - remember the scandal in the news before about this? You should never pay fines issued when you were not the driver or are unsure if you were the driver.

 

[Adam1user]

Without that logbook, you are entitled to reject all the fines.

This is how the system works - the employer nominates you as the driver, you are then 'supposed' to receive the fine and have an opportunity to reject the nomination. No one can stop you rejecting the nomination, it is your rite, then the fine reverts back to the employer and they need to prove you were driving or they have to pay the fine and it will be much more expensive.

Allot of people chose to pay these type of fines because it is their employer - remember the scandal in the news before about this? You should never pay fines issued when you were not the driver or are unsure if you were the driver.

The OP can easily reject them as you said, but will put themselves in a hard position at work, it is better to try and resolve it with a strong argument such as I explained in order to minimise the friction that will come as result of this. The OP can do what they feel is right! they know the situation more than I do.

 

[Clancy]

The OP can easily reject them as you said, but will put themselves in a hard position at work, it is better to try and resolve it with a strong argument such as I explained in order to minimise the friction that will come as result of this. The OP can do what they feel is right! they know the situation more than I do.

Yes, i encourage them to do what is rite, but paying for fines when they were not the driver is not just morally wrong, it is illegal! It could end up being interpreted by authorities as an illegal secret points arrangement with the employer.... Keep that in mind.

The bottom line is, if you have a doubt you were the driver, then you should not pay that fine, simple.

There may be pictures held by the RTA that you can view and although faces are usually not seen, the picture may jog a memory, you never know?

 

[Cobra1972]

The onus is on the owner of the vehicle to nominate the driver.

I would suggest making yourself familiar with Section 60 of the ROAD SAFETY ACT 1986.

That may help.