Section 60 of Road Safety Act: Failure to Nominate Driver of Motor Vehicle: Legal Implications and Penalties

Section 60 of Road Safety Act- What do when police ask you who was driving your car

If you've been charged with Failure to Nominate the Driver of a Motor Vehicle, it's important to know what this means and what penalties you may face. This offence requires you to identify the driver of your vehicle when requested by the police. You can choose to remain silent on other questions, but not this one. Not complying with this request is a violation of the Road Safety Act 1986 (RSA) section 60.

If you're facing such a charge, you should consider whether the request for information was relevant, whether you provided the information to the best of your ability, and whether the request was unreasonable, particularly if it pertains to an incident that happened a while ago. Failing to provide the requested information can result in a maximum penalty of 20 penalty units and two months' imprisonment, or 20 penalty units and four months' imprisonment if someone was seriously injured or killed.

If found guilty, the court can revoke your driver's license and learner's permit and ban you from obtaining one for at least two years for a first offence, and at least four years for subsequent offences. A conviction will also remain on your record for several years.

It's important to seek advice from a traffic lawyer before responding to a request to nominate the driver. They can help you decide whether to plead guilty, how to reduce your sentence, and whether you have a defence.

The Magistrates Court handles cases involving the duty of vehicle owners to provide information about drivers. It's crucial to engage a traffic lawyer who understands this law because convictions are discretionary.

Keep in mind that a conviction triggers mandatory minimum license provisions. Therefore, it's crucial to have a lawyer who can make submissions on this issue. Lawyers who are well-versed in this area of the law can help you make strategic decisions when facing this charge. If you've been charged, it's best not to go to court without representation and consider the consequences of losing your license for two to four years if convicted.