Failing to Nominate the Driver of a Motor Vehicle is an offence under s60 of the Road Safety Act (Vic). If you have been charged with this offence, we encourage you to call Nardi Lawyers now to understand your options.
The elements of Failing to Nominate the Driver of a Motor Vehicle
In order for an individual to be found guilty of Failure to Nominate the Driver of a Motor Vehicle in Victoria, the following elements of the offence must be proven by the Prosecution, beyond reasonable doubt:
– The offender was required by a police officer to give information about the identification of the driver of a motor vehicle; and
– The offender failed to provide the information or make reasonable enquiries to obtain the information.
When does this charge arise?
If a motor vehicle which is registered in your name has been involved in a traffic offence, police may contact you to nominate the driver of the vehicle.
If you fail to nominate a driver within 28 days, you may be charged with this offence.
If police have requested you to nominate the driver, you must do so or make all reasonable enquiries to ascertain who the driver was. You cannot give a no comment response to this request.
Defences to Failing to Nominate the Driver of a Motor Vehicle
The person made all reasonable enquiries to obtain information in relation to the driver of the vehicle.
The person’s vehicle had been stolen and used in the course of the offending.
Will I lose my driver’s licence?
If an individual pleads guilty to this offence and the Magistrate uses their discretion to record a conviction, the minimum mandatory licence loss is 2 years.
If the Magistrate does not record a conviction, there is no minimum mandatory licence loss, however, the Court still has discretion in imposing a licence loss of any period.
If you have been charged with this offence and intend on pleading guilty, it is imperative that you contact Nardi Lawyers and obtain legal advice. It is important to have representation for your hearing, given the heavy weight that a conviction carries in these matters.
