Re: Speed Camera Fine/NSW-wrong Driver?HELP!

larstetens wrote:
> I got a  penalty notice from NSW OSR regarding a speed camera fine for a
> speed offense that occurred when I was out of the country-I wasn't the
> driver (out of country).But as I am the registered owner-I got the
> bloody fine.  I narrowed it down to 2 mates who were driving the car
> when visiting from America-SO WHAT do I do?  
> 
> I've never had a speed fine(not perfect-just lucky I reckon).  I'm
> supposed to fill out that "stat-dec"-to say I wasn't driving the
> car-which is not the issue/problem (obvious-I wasn't in the country).
> But I can't get either my two mates to cop to "who was driving"...So I
> have no way of 100%/Dead set identifying "who" was actually driving the
> car-and the pic according to the OSR doesn't reveal that.  Furthermore I
> don't have these blokes "drivers license numbers"?? How am I supposed to
> sign that statutory declaration form? I know I wasn't the driver-but I
> have no idea at the end of the day WHO was actually driving the car at
> the exact moment of the fine-and NSW OSR doesn't really offer any help
> either.
> 
> Anybody know how this process works if you weren't the driver?  Do I
> just pick one of these blokes-give their address in America and "wash
> my hands" of the ordeal?  I just don't want to have to pay the fine or
> get the points-as I wasn't even in the country.....HELP
> 
> 

It is sufficient for you to provide a statutory declaration to the 
effect that you were not driving the vehicle because you were not in the 
country at the time, as would be evidenced by the immigration records, 
and do not know and could not with reasonable diligence have ascertained 
the name and address of the person who was driving the vehicle. The stat 
dec doesn't have to be in the form provided by the RTA.

See http://www.austlii.edu.au/au/legis/nsw/consol_act/oa190079/sch9.html

You should explain in the statutory declaration that the latter is 
because there are two possibilities, and provide their names and 
addresses, or such information as you know about then.

http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2005242/s179.html

Sylvia.