Falsely Nominating Another Driver – VIC

In Victoria, traffic infringements are a common occurrence, with penalties designed to promote safety and accountability on our roads. However, some individuals attempt to sidestep these penalties by falsely nominating another driver. While this might seem like a harmless workaround, it can have harsh consequences.

What Constitutes Falsely Nominating Another Driver?

Falsely nominating another driver occurs when a person provides incorrect information about who was behind the wheel at the time of a traffic infringement. Common scenarios include:

• A family member taking the blame to save another from losing demerit points.
• Arrangements through social media groups to “buy” or “sell” demerit points.
• Fraudulent declarations to defer or evade infringement payments.

While some may perceive this as a loophole, it is a clear violation of the law. It undermines the integrity of the road safety system and carries significant legal consequences.

Legal Risks and Consequences

Under Victorian law, falsely nominating another driver can lead to multiple charges, including:

• Road Safety Act s84BI: Providing false or misleading information. Penalties may include significant fines and licence disqualification.
• Crimes Act s82(1): Dishonestly obtaining a financial advantage by deception. This is a dishonesty offence that may result in a criminal conviction.
• Conspiracy to Defraud: In certain cases, charges can be laid under the Crimes Act (Vic), and this may constitute a Conspiracy to Defraud.

These offences can leave individuals with disclosable criminal records, substantial fines, and disqualifications that affect their ability to drive, work, and secure insurance.

Case Study: A Real-World Example

Our legal team recently represented a client charged with two offences:

1. Providing a False Statement under the Road Safety Act s48BI(1).
2. Dishonestly Obtaining a Financial Advantage by Deception under the Crimes Act s82(1). This involved deferring payment of an infringement notice by falsely nominating another driver.

The client received a substantial fine, a conviction was recorded, and their driver’s licence was disqualified for two months under s89A of the Sentencing Act (which allows the court to suspend or cancel a driver licence ‘for any offence’. 

Beyond these immediate penalties, the client now has a criminal record for a dishonesty offence, which may affect their future in unforeseen ways, including employment prospects and financial dealings.

This case underscores the significant risks of engaging in such conduct. Our team strongly encourages drivers not to engage in such behaviour.

Detection of False Nominations

Modern enforcement technologies make it increasingly difficult to evade detection. High-resolution cameras, such as the Distracted Driver Cameras, provide clear images of drivers, making it easier to match photographic evidence with nominated individuals if the infringement was caught on camera. Additionally, digital footprints left during online nominations or arrangements through social media are easily traceable.

Buying and Selling Demerit Points

Online platforms such as Facebook groups have made it easier for individuals to engage in false nominations. Law enforcement in other states, such as New South Wales, has actively investigated these activities, emphasising the risk of detection and prosecution.

Engaging in such behaviour not only violates the law but also carries the risk of falling victim to fraud by those who exploit others through these networks.

Practical Advice for Drivers

If you’ve been involved in falsely nominating another driver, consult our team of expert criminal lawyers to understand your options and secure the best outcome.

Falsely nominating another driver might seem like a quick fix, but it carries significant legal, and financial consequences. As our recent case demonstrates, the risks far outweigh any perceived benefits.