So, your business vehicle is detected committing an offence by a camera, who pays the fine?
A lot of business owners have vehicles registered in the business name which they use for the many kilometres they travel each year. However, more kilometres also mean a greater chance of committing an offence on the road.
If your business vehicle is detected committing an offence by a camera then the business is required to nominate the driver of the vehicle at that time. This is because only a person can commit a driving offence, not a business, and Roads & Maritime Services will want to assign the applicable demerit points to the driver.
For those drivers who may be close to losing their licence this often raises the question….”what if the business chooses not to nominate a driver?”
If a business does not nominate a driver then the business is required to pay a fine for the offence which is significantly higher than it would be if a person was nominated. The business will also receive a further fine by way of a Penalty Notice for failing to nominate a driver.,
If this occurs on multiple occasions Roads & Maritime Services will often prosecute the business in the Local Court where fines up to $11,000.00 plus Court costs and fees can be imposed.
If your business can have many different employees driving various work vehicles we strongly recommend that a log book be maintained. This log book should record who is driving which vehicle and at which time each day so that the business does not find itself answering to a Magistrate.
Caldwell Martin Cox – your trusted advisor since 1950.