No Conviction for Fail to Nominate Driver

Our clients co-owned a business selling furniture on Amazon. They had received fines for company vehicles in which they had failed to nominate the driver of the vehicle.

The company then received court attendance notices for ‘Fail to Nominate Driver’. They found this out after realising that they had forgotten to update their company address with the relevant government bodies.

The maximum penalty for this offence is $22,000.  Other traffic lawyers had told them that they would receive substantial fines. We took a different view. 

We immediately got to work preparing an affidavit setting out the steps they had taken since receiving the fines to make sure this would never happen again. We also obtained material about the company highlighting the hardship a substantial fine would bring.

We attended Parramatta Local Court and made submissions seeking a conditional release order without conviction.

Ultimately the Magistrate was persuaded and agreed to impose no fines and sentenced the company to a conditional release order without conviction. This is also known as a ‘Section 10‘.

Our clients were overjoyed at the result and can continue to work without the worry of paying of substantial fines.