If you were not in possession or control of your vehicle or trailer at the time of the offence, you need to tell us who was driving, so the fine can be re-issued to them. This is called nominating the driver.

When you complete the nomination form, we will ask you for your details as well as the details of the driver you are nominating. If your nomination is successful, the fine will be reissued to the other driver for them to pay.

When nominating, do not pay the fine, even if the other driver is a family member – always wait for the fine to be re-issued to the correct driver.

You should nominate the driver quickly. You can only apply to nominate a driver when the fine is at Infringement Notice or Penalty Reminder Notice stage. Once the fine becomes a Notice of Final Demand, it is too late to nominate (except in limited circumstances, such as family violence situations).

When to nominate a driver

If you were not driving your vehicle/trailer at the time of the offence, you should tell us who was driving, in order to transfer liability.

You should apply to nominate if:

• someone else was the driver responsible for the vehicle at the time of the offence
• you sold the vehicle to someone else or disposed of the vehicle before the offence date
• you believe the vehicle or number plates displayed on the vehicle were stolen
• you were incorrectly nominated as the responsible person

You cannot nominate another driver if:

• you were issued with an on-the-spot fine at the time of the offence, or
• your fine is for a drink or drug-driving offence.

You are unlikely to be successful if your fine relates to an unregistered vehicle or trailer unless you can show, for example, that the vehicle had been sold at the time of the offence.

Your nomination may not be accepted if you cannot properly identify the person responsible.

Is your fine for an excessive speed offence?

Fines for excessive speed, drug and alcohol offences are different from other speeding fines – they are more serious. You will be issued with an excessive speeding fine if you are caught driving 25km or more above the speed limit, or driving at more than 130km if the speed limit is 110km.

If you were not driving, you will need to nominate the driver within 28 days of your Infringement Notice issue date. Failure to nominate within this time will result in the offence being recorded as a conviction against you, and a driver licence suspension period will apply. Nominations cannot be accepted after 28 days.

Is your fine at the Notice of Final Demand or Enforcement Warrant stage?

At this stage, it is too late to nominate another driver.

If you only just found out about the fine within the last 14 days, and:

• your fine is for a traffic or tolling (Melbourne CityLink/Linkt or Eastlink) offence, you can apply for an Infringement Extension with the Magistrates' Court. If successful, you will be able to nominate the responsible driver.
• your fine is for a parking offence, you can apply for an Enforcement Review on the grounds of Person unaware. If successful, the enforcement agency may reissue the infringement and you will be able to nominate the responsible person.

If you were not able to nominate the responsible person due to your experience of family violence, you may be eligible for the Family Violence Scheme.

Was the fine issued to your company?

When you receive a fine for a company vehicle you must nominate the driver responsible for the offence, so that demerit points can be applied to their licence.

For some offences, companies will initially receive a company fine over $3,000. This larger amount is to encourage the company to nominate the responsible driver.

Once you have nominated the responsible driver, that driver will receive a new fine in their name, with a new due date, and the penalty payable will be at the individual rate and should be significantly lower.

You can also submit a nomination if:

• another company or individual was in possession of the vehicle at the time of the offence
• the company vehicle was sold or permanently disposed of before the offence date
• you believe the vehicle or number plates were stolen
• the company was nominated for the fine by mistake.

If the nomination application is accepted, the fine will be reissued to the driver responsible.

You should nominate the driver quickly. Once the fine progresses to Notice of Final Demand stage, it is too late to nominate and the company will therefore be liable for the fine.

Not knowing who was driving the vehicle at the time of the offence is not a reasonable excuse for failing to nominate the driver. Companies failing to nominate 3 or more infringements within a 12 month period may receive additional fines of more than $21,000. This applies whether the original infringements are paid or not.

Nominate a driver

What happens after you nominate?

You'll get a notification of the outcome. If your nomination application is accepted, your fine will be withdrawn and reissued to the person you have nominated.

The person you nominate can reject the nomination. If this happens, the fine will be reissued to you.

If you cannot nominate online

If you cannot nominate the other driver online, you can complete the nomination form attached to your fine and post it to us. You can also download one of the nomination forms below to print out and post. Posting your nomination will take longer for us to process.

What type of fine do you have?

• Infringement Notice or Penalty Reminder Notice with a Victoria Police logo: Download the Nomination Statement, follow the steps to complete it and then post it to us.
• Infringement Notice or Penalty Reminder Notice with a Transport Safety Victoria logo: Download the TSV Nomination Statement, follow the steps to complete it and then post it to us.