Speeding Penalty in NSW - Can I Transfer The Penalty to a Company?

Dear OzBargain mates.

I cop a speeding penalty (over speed limit by 7km/h) fine in Sydney while I am carry out delivery business activity last month. The car is registered under my friends name and I need to transfer the notice of penalty from my friends name to me. I registered as Sole Trader for delivery business activities.

I just wondering, can I transfer the notice of penalty under company (Sole trader ABN holder) instead of personal in this circumstances?

Please share your advice!

Thanks.

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Comments

  • +10

    mate, as you identify with being in Victoria (OzB profile) what are you doing in Sydney? You might also be hit with a PIN

    As a sole trader I cant see the point.

    Points will be deducted from your licence (NSW transport)

    If the penalty notice is under a company name, then an authorised person from your company must nominate the driver or person responsible.

    The fines arent tax deductible (ATO website)

    You can't claim a deduction for any fines you get when you travel to work or during work.

    • maybe he lives in nsw now and has not updated his profile?

      • +2

        👍 Of course, it was a gentle reminder.

        I did answer his questions as if he was in NSW.

      • According to another post he says he does.

    • +1

      Lol

    • +7

      Also, if you decide not to nominate a person, the fine on company name is a lot higher. Not sure of exact figures, but the difference is something like $400 for individual, but $11000 for company.

      So being a sole trader, it's going to be your money anyway and it cannot be expensed as a tax deduction… Only reason to do so would be if the demerit points would lead to a suspension.

      • Or if you're rich. What demerit points?

    • The last bit is probably the only point to make all other options moot

  • +19

    this post reads like A.I trying its hardest to come off as Australian

  • +3

    Came to the right place for "advise!"
    .

    • +5

      Go easy on him.. he cope a speeding penalty..

  • +1

    Why would you transfer it to a company?

    • +2

      company no DL / points

      • +6

        But the fine is much higher.

        • Probably Gina Rinehart's kid

  • +1

    I don't think you can transfer it to a company or organisation as the vehicle isn't owned by an organisation (by an individual).

  • +1

    I just wondering, can I transfer the notice of penalty under company (Sole trader ABN holder) instead of personal in this circumstances?

    No

    • Speed fines and another other such fine means, "someone" is responsible.
      Therefore, you or "someone" needs to wear it.

      Pure and simple. Otherwise, wouldn't we all just register an ABN and flick fines over there?

  • +1

    I am not your doctor: BUT put your affairs into order!

  • Maybe check if your friends Car is insured if you are using it for Business purposes.

  • I am sure if I understand your question fully. Company is an artificial person, has distinct identity from its owners. Sole trader just an individual. If your ABN is for sole trader entity, it is the same as you. Nominating yourself as a sole trader or just yourself is the same. If however you are genuinely a Pty Ltd company, the company is required to nominate a driver. If it doesn’t then the fine amount is very high.

  • +3

    Recently posted on the NSW Gov. website with regards to companies eating fines and points for their deadshit drivers.

    Minister for Transport and Roads Andrew Constance said any corporation who fails to nominate a driver for a camera-detected offence could now face a maximum court imposed fine of up to $22,000 for a single incident.

    Sooo… is the 2 or 3 points really worth the $22,000 fine?

    Nominate yourself as the driver and pay the fine.

    • I'm guessing if they're asking the question, they're about to lose their license or something of the like.

      • +3

        Then;
        a: they should have taken more care on the road if their livelihood revolved around them having a license.
        b: they need to have said that in their OP so people would know why they were asking, so we could add other suggestions (ie: go to court)

  • By definition, a sole trader is not a company. So there is no separate entity to transfer this to and will end up on your personal record anyway.

  • +1

    Very presumptuous to call us mates, mate.

  • LOL

    Yes this is what dodgy people do, it is an offence to do so. I'm not going to tell you how to break the law.

    But you can't because you are a Sole Trader. That means you don't have a compan. You are trading as you.
    This also means you are directly liable for all the shit your "business" does.

    STOP BREAKING THE LAW!

    And you'll stop getting tickets.

  • It's 20 penalty units if you did not want to lose your license, but it is a bit late to be trying to do it now.

  • A sole trader is not a company. A company is Pty Ltd

  • The answer is no.

    The registered operator (your friend) cannot nominate a company as the driver. Your friend did not lend the car to a company. Your friend did not give the key to a company.

    There are 2 options
    - friend pays the ticket
    - friend nominates you (as an individual) - you pay the ticket

    The comments above that relate to a company being fined large amounts, is if a company registered vehicle is detected speeding, either the company pays the large fine (no ponts) or the company nominates a person, who pays the smaller fine (with points)

  • should of used WAZE

  • +1

    Transfer it to your company and don't nominate anyone. You'll be hit with a big fine and a tick for Fail to Nominate. You'll get to keep your points.

    Or Nominate yourself and pay it or appeal based on your driving record and the offence.

  • When did the company get a license to drive?