Many traffic offences are now recorded by camera, with penalty notices sent to the registered owner of the vehicle. But what happens if you were not the driver?
In this article, we explain how camera-recorded offences work, when a nomination may be required, and why it is important to respond before the deadline.
What if someone else is driving the car at the time of the offence?
The law requires you to nominate the person who was responsible or in charge of the vehicle at the time of the offence.
You must nominate the person who was driving the vehicle within 21 days from the date the penalty notice was issued. You must provide details of the responsible driver to Revenue NSW.
You may be required to provide evidence in the form of a statutory declaration.
What if I fail to nominate?
Revenue NSW may not accept a late nomination.
If you fail to nominate the responsible driver within the 21 day period, the law says that you are taken to be the person who was driving the car, meaning you are guilty of the offence even if were not driving.
What if someone offers to “take my points”?
You must make a false nomination. Serious penalties apply if you do.
If Revenue NSW suspects that you have falsely nominated someone else, you will be required to provide an explanation in the form of a statutory declaration.
Should you falsely nominate another person, you can receive additional fines or be required to go to court if charge with another offence such as perjury or perverting the course of justice. This can lead to a jail sentence.
If you are confused, please seek out legal advice. You can find your local NSW community legal centre here.
Information accurate as of 14th July 2026. The information above is not legal advice. If you have a legal issue, please get specific legal advice.
