Demerit points & speeding fines

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VicRoads

• 

  Emilia on 15/12/2015 - 20:32

  +1

  Well, I'm from WA, so the rules might be different in each state. (This topic is saying that replies can be formatted to say they are associated with VicRoads, but you don't mention which state you are from in your post.)

  I got pinged by a speed camera earlier this year, so I grabbed out my infringement notice to check.

  Under part B, in capital letters, it says "If the person named on this noticed was NOT THE DRIVER, DO NOT PAY THIS NOTICE."

  I believe by paying the notice, you declare that the person on the notice was the one driving the car.

  Now that your brother has paid the notice, I am not sure what would happen if you tried to dispute it. Has your brother committed an offence by saying it was you and not him? The infringement would have been in your name?

  I have realised after typing this all up I haven't been much help, but I am very curious if others have gone through this.
  Best of luck if you pursue this OP.

  • 

    pancaeks on 15/12/2015 - 21:16

    I've seen one before and it has the same note on it. That's why I don't know what to do.
    Thing is, it wasn't even him that got a the fine. It was his wife.

  • 

    [Deactivated] on 15/12/2015 - 21:35

    Has your brother committed an offence by saying it was you and not him?

    Oh yes, that's definitely an offence.

• 

  Davo1111 on 15/12/2015 - 20:33

  +2

  Why didn't you name him as the driver as per the instructions on the fine?

  • 

    dylanando on 15/12/2015 - 20:39

    Yeah, Your brother is abit of a dick.

    • 

      berger on 15/12/2015 - 21:06

      All the paperwork comes with the fine, nominate driver and the fine gets issues to him.. It's going to get messy now. A phone call to civic compliance(or your states fines office) and ask them, they will post out a nominate form I guess? If it's not too late

      • 

        dylanando on 15/12/2015 - 21:57

        Exactly, Send it by mail (if you can do that?) and if they ring and ask say it must of gotten lost. Worth a shot and its painless ;)

  • 

    pancaeks on 15/12/2015 - 21:14

    +1

    Bottom line, my brothers an asshole.
    I didn't even know he got a fine on the car until I got a notice that I lost demerit points.

• 

  [Deactivated] on 15/12/2015 - 21:29

  +2

  since he has paid it off already, does the government see that as me admitting it was myself?

  Short answer: Yes.

  Long answer: Yes, because the issuing agency would correctly be of the opinion that only the person to whom the infringement is issued will be opening the envelope and will be paying it, as people generally wouldn't pay other people's fines.

  As far as I'm aware when you get the fine you need to transfer it to someone else or pay if it was you…

  Short answer: Yes.

  Long answer: That's correct. All infringements will list options, including (but not limited to) writing a letter of Appeal, electing to take it to court, paying the listed fine, or nominating another driver.

  Is there any way I can actually get it off my licence now after it's been paid?

  Short answer: Possibly.

  Long answer: Yes, but you'd have to take him to the Magistrates Court where you would have to allege that your brother wilfully opened your mail without your consent, fraudulently claimed that you were the offender (hence relieving himself of any wrongdoing) and paid the notice, all without you having knowledge of anything.

  Though it is your responsibility as the recipient of the infringement to have nominated him upon receipt of the fine, it is also wrong for him to not have disclosed to the issuing agency the fact that he was the offender, as opposed to the person listed on the notice.

  I assume that you wouldn't want to take him to court over 1 demerit point, hence the answer to your last question becomes no.

  move it out of my name

  Moreover, it doesn't really matter whose name the car is registered to. If the registered person was not the driver, that person can nominate the actual driver (at the time of the alleged offence) to the issuing agency.

  (on a side note, any reference that I've made to your brother above collectively includes your sister-in-law. Either way it wouldn't change much).

  • 

    pancaeks on 15/12/2015 - 22:01

    Thank you for the answers. Just wondering because you seem well versed in these matters, since I'm on P2 how would this 1 demerit point effect me?
    For example would it make it more difficult later to get my full licence or does it even extend my probationary period?
    This is the only mark I have on my licence.

    • 

      [Deactivated] on 15/12/2015 - 22:11

      +1

      The demerit point that you've incurred wouldn't really have any tangible effect on you, except that it would render you ineligible for the VicRoads Driver Reward Scheme, which offers a 25% discount when you graduate to a full licence.

      Given that a 10 year licence is presently $260.40, this demerit point means that you'd be $65.10 out of pocket.

      However, the DRS only applies to drivers graduating to a full licence prior to the age of 26. If you were to graduate to a full licence after turning 26, this demerit point wouldn't affect you at all.

      Further, this demerit point will not change how long you're on your P2 licence, nor will it change how you go about obtaining a full licence. The only thing you'll need to be mindful of is keeping a hold of your remaining points.

      Your P2 will only be affected when you incur 5 demerit points within one calendar year, or 10 demerit points within 3 years. Given that you've never had a traffic offence to date, I don't see this being much of a problem either.

      (As an example, driving while using a mobile phone would incur 4 demerit points, and failing to obey traffic lights incurs 3).

      • 

        pancaeks on 15/12/2015 - 22:53

        I guess best thing to do is obviously transfer car out of my name and make him pay me the $65 when I get my full licence?

      • 

        Settero on 15/12/2015 - 23:04

        @pancaeks:
        out of curiosity , how did he get the letter and you not ?
        do you live with him and his wife ?

      • 

        pancaeks on 15/12/2015 - 23:29

        @Settero: Yup.

      • 

        [Deactivated] on 15/12/2015 - 23:47

        @pancaeks: If you're listed as the registered owner, and you incurred the demerit point on your licence, wouldn't the original infringement letter be addressed to you?

      • 

        [Deactivated] on 16/12/2015 - 00:20

        +1

        @pancaeks:

        You don't have to transfer the car into his name, because transferring a motor vehicle to anyone that is not your spouse will result in the necessity of a RWC.

        You can simply have an informal agreement with him that if he incurs subsequent fines on that vehicle that he would pay a fine in his name.

        Regarding the $65 which you would've saved had you incurred no demerit points, it would be a perfectly reasonable approach for your brother to contribute $65 towards your full licence issue fee.

        (A friendly note - VicRoads will only send you a 3-year licence renewal form. If you'd like a 10-year licence you'll need to call VicRoads who will collect your CC details over the telephone and charge you the 10-year licence fee. You'll receive the new licence within two weeks following payment).

      • 

        [Deactivated] on 16/12/2015 - 00:24

        @Thrift:

        Yes, the infringement letter was indeed addressed to the OP. But the monetary amount of the infringement was paid by the brother in question, so the OP never knew that an infringement arrived in the OP's name in the first place.

        The OP did however receive the demerit point notification from VicRoads, correctly addressed to the OP, which is always issued after am infringement has been successfully upheld by the issuing agency.

        So ultimately it was a case of the OP's brother intercepting the original infringement letter, but the VicRoads letter fell into the right hands, unraveling the brother's antics.

• 

  srhardy on 16/12/2015 - 07:35

  +1

  1 point, unless its your last point suck it up! Your new at this obviously…

  Now your cherry's been popped so to speak, you can lord this over your brother for years, even decades!

  Think long term, now he 'owes' you a POINT and the day might come youll sign a fine over because you needed it…

• 

  MGDT on 16/12/2015 - 09:08

  +2

  Hi there

  I've been in the same situation. I called VicRoads (I'm in Victoria), got the Traffic Infringement Notice Number and the Obligation Number from them. Then you can either download a Nomination Statement form online or ask them to email one to you. Write a letter informing them that the demerits points related to the traffic infringement has incorrectly been allocated and request that your records is updated accordingly. Attach the letter to the form and send it to them. Then after a few days I've received a letter confirming that it has been done. The fine was in December 2014 and I've done the change in August 2015. So it's never too late. Good luck.