Name the driver

You can nominate a driver or person responsible:

• online through myPenalty
• by completing a statutory declaration.

Before you nominate the driver, make sure you have the correct information. It is a serious offence to make a false nomination. Penalties apply, including additional fines and restrictions on your driver licence.

myPenalty

You can nominate the driver through myPenalty. You will need the fine notice number and the date of the offence. You will also be asked for your email address and telephone number.

You will need to provide the drivers:

• full name
• address
• date of birth
• driver’s licence number and the State or Country the licence was issued in
• passport number and country of issue, if you are nominating an international driver.

Revenue NSW may ask you for more supporting documents or information to prove who the driver was at the time of the offence.

Statutory declaration

You can complete a statutory declaration to nominate the driver.

You will need a copy of the form:

• Statutory declaration - Individuals

Instructions: Instructions for completing a Statutory Declaration - Individuals
Sample: Sample Statutory Declaration – Individuals

Once you have completed the statutory declaration, you must have it witnessed by an authorised person, including a Justice of Peace or lawyer.

For more information about where to find a Justice of the Peace, see Finding a JP on the Department of Communities and Justice website.

You can submit your statutory declaration by sending the original copy to:

Revenue NSW
PO Box 786 
Strawberry Hills NSW, 2012

You should include any evidence you have to support your nominating with your statutory declaration. This may include:

• plane tickets and accommodation receipts, if you were on holidays at the time of the offence
• a copy of the sales receipt and notice of disposal, if you had sold you vehicle.

You should post your declaration so that Revenue NSW receives it well before the due date. If Revenue NSW receives it after the due date, they may not accept it.

You should also make a copy of the statutory declaration for your records, before posting the original.

Revenue NSW may ask you for more supporting documents or information to prove who the driver was at the time of the offence.

For more information, including a copy of the form, see Nominate someone else for a fine on the NSW Government website.

Fine reminder notice

You have until the due date on the fine reminder notice to nominate the driver of the vehicle. If you nominate someone after the due date, you may receive a fine for failing to nominate within a reasonable time and be issued an overdue fine.

Paid the fine

If you paid the fine in full before the fine reminder notice was issued​, you have up to 90 days from the date the fine was served to nominate the driver.

Out of time

If you are out of time, you can still nominate the driver, but Revenue NSW may refuse to accept your late nomination.

If you don’t name the driver for the offence, you will have to pay the fine and the demerit points will be added to your driving record.

If you don’t pay the fine, Revenue NSW will send you an overdue fine and you will have to pay enforcement costs. For more information, see What if I do nothing?

If you are out of time to nominate the driver, you should get legal advice.

As the registered owner of your vehicle, you are responsible for all camera-detected traffic offences until another driver is nominated.

If you don’t know who was driving your car at the time of the offence, you can View a camera image of your offence to see whether you can identify the driver in the photographs taken by the camera.

If more than one person drives your vehicle, you should ask the other driver(s) whether they were driving your vehicle at the time of the offence.

If you had loaned your vehicle to a friend or family member, you should ask them who was driving at the time of the offence. 

If you still can’t find out who was driving your car, you can ask Revenue NSW to review the fine.

You will need to provide evidence to Revenue NSW to show you could not have been driving your vehicle at the time of the offence. This may include:

• a letter from your employer, if you had travelled away for work
• a letter from your doctor, if you were receiving treatment or in hospital at the time of the offence
• a letter from the Department of Immigration or plane tickets, if you were overseas at the time of the offence
• accommodation receipts, if you were out of town
• an explanation that the photograph on the Revenue NSW website shows a male driver if you are female.

For more information, see Request a review. 

Once Revenue NSW receives your nomination, it will be reviewed.

If Revenue NSW accepts your nomination, they will issue a new fine to the person you nominated, and your fine will be cancelled.

If you paid the fine before you nominated the driver:

• Revenue NSW will give you a refund
• any demerit points that were added to your driving record will be removed
• your licence suspension will be lifted, if your licence was suspended because of that offence, or because the demerit points for that offence were added to your driving record.

If Revenue NSW reject your nomination, they will advise you in writing of the reasons for their decision. They may do this by post or email, depending on how you have requested to be contacted. Revenue NSW may request a new nomination if the timeframe allows it. 

You can check on the progress of your nomination on myPenalty. You will be able to see whether:

• Revenue NSW have cancelled your fine and issued a new fine to the person you nominated
• you need to provide more supporting evidence to prove who the driver was
• Revenue NSW have kept the fine in your name.

If Revenue NSW reject your nomination, you should get legal advice.