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I Wasn't the Driver When Fined, What Now?

Question:

I received a fine which requires me to appear in court for a traffic offense, specifically speeding and going through a red light. I'm the owner of the business and vehicle (which is a company vehicle) but someone else was driving it when the offence took place. Who should appear in court and what type of fine can we expect?

Answer:

Unfortunately the summons was sent to you as you are the owner / proxy of the vehicle. The only time that this fine could have been redirected to the driver that committed the offence was at the time of first notice. You will have to appear in court for this traffic fine. The court, at its discretion, will decide the penalty you will have to pay.

Redirecting a fine, or nominating a new driver

If the person who was sent the notice was not driving the vehicle at the time of the offence, a new driver can be nominated and the notice can be redirected. In terms of the law, the licensed owner of a vehicle, or in the case of a company, the company's proxy, is deemed to be the offender / driver of the vehicle unless the traffic fine can be successfully redirected. A traffic fine can only be redirected when it is still on a first notice status on the traffic contravention system. An affidavit containing the information of the driver of the vehicle at the time of the offence must be signed and stamped by a Commissioner of Oaths.

Specific information is needed about the person who was driving at the time of the offence:

  • Full name and surname;
  • ID number or passport number;
  • Physical / Residential address; and
  • Postal address.

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