Speeding fine of someone else - do you have to pay?

[rodimus]

hi guys,

My friend who lives overseas (but has an australian registered car in his name) lent his car to his friend's friend. Not even a close friend, but someone he barely knows, only knows by nickname.
Now that driver got a speeding fine (by camera) while he was driving in the countryside, going like 55kmh in a 40kmh zone, on a quiet sunday early morning, and the fine is directed to my friend who is living overseas. He even got demerit points! Should he have to pay it eventhough he is not driving?

And, is he obliged to tell the name/contact/details of the driver who has also gone to another country? If he did, how will the authorities send the summon to that fella?

I was thinking, my friend could say since he is living overseas, and the summon was sent to his old australian address, he is not aware of the summon??? Any long term consequences? I mean he shouldnt have to pay for someone else's breach of law.

 

[andrew_de_a]

Your friend will not have to pay the fine, they will need to nominate the culprit and the fine will be issued to them. If there are any issues I'm sure your friend could prove they were overseas at the time and wouldn't have to pay.

 

[Sunfish]

Just make sure the person you nominate as driver was actually alive at the time of the alleged offense.

 

[Mazda]

Should he have to pay it even though he is not driving?
...
I mean he shouldnt have to pay for someone else's breach of law.

If he successfully proves that another person is driving the car, then no he's not liable for the fine / demerit points.

And, is he obliged to tell the name/contact/details of the driver who has also gone to another country? If he did, how will the authorities send the summon to that fella?

My guess would be International mail or registered letter. The addressee would be asked to pay the fine.

I was thinking, my friend could say since he is living overseas, and the summon was sent to his old australian address, he is not aware of the summon??? Any long term consequences?

Not sure, sorry. My guess is he could possibly be stopped at Australian customs?

 

[Gordon Farkus]

Just make sure the person you nominate as driver was actually alive at the time of the alleged offense.

Good tip. Marcus needed you a couple of years ago.

 

[Empty Pockets]

lent his car to his friend's friend. Not even a close friend, but someone he barely knows, only knows by nickname.

Tell your friend he is a goose.

 

[pennyk]

I got a parking fine for a psycho nanny that we had early last year, after she had left our employment, and moved back overseas.
Your friend would probably need to provide a name and address... I know psycho nanny's name, but not address, but I googled it and got something which seemed right, in terms of the area she lived.
So, I sent the summons back, along with a letter of explanation, and I haven't heard anything since.
I guess if he were overseas at the time, he could also try that as an excuse without supplying name/ address etc.
Pen

 

[urban cowboy]

his best move is to attend his local Australian consulate (if possible) and sign a Statutory Declaration declaring he was overseas at the time of the offence and the details of the driver as he is aware of them. He needs to get that Stat Dec back ASAP

the fine and points/summons will be dropped and reissued in the name of the offender.

The burden of proof is on your friend to prove he was not driving and to assist the investigation into who was to the best of his ability.

he can't ignore this, if he fails to pay/attend to a summons, a warrant will be issued which will usually mean a nice welcoming party when he crosses the border to come back in to the country.

pain in the backside, but a simple process to sort out...

 

[rodimus]

what if we dunno the full name and address of the person driving the car?

Will the authorities force you to investigate, and if you cannot provide they force you to pay it? My guess is that they cannot force us to do their work?

 

[Simon]

The fine they sent should have a section to name the driver of the car at the time.

You should provide what info you can.

Here in NSW it is witnessed by a JP and a legal document. If you lie to get out of a fine then it is an offence.

 

[Piston Broke]

what if we dunno the full name and address of the person driving the car?

Will the authorities force you to investigate, and if you cannot provide they force you to pay it? My guess is that they cannot force us to do their work?

But they will issue fines payable to the SRO and cancel your rego.
Stop trying to wriggle out of it.
Either you supply a name & address or pay the fine.
Otherwise the owner will get fines, on top of fines and the rego & licence cancelled.
Ans so it should be!

 

[urban cowboy]

what if we dunno the full name and address of the person driving the car?

Will the authorities force you to investigate, and if you cannot provide they force you to pay it? My guess is that they cannot force us to do their work?

the onus of proof is on the owner of the car...if it was a friend of a friend it shouldn't be too hard to track the details down.

big lesson here - hope it was learned!!