Infringement notices

Infringement notices, more commonly known as on-the-spot fines, are an important part of Victoria's law enforcement system. Infringement notices enable offences, such as:

• speeding
• traffic
• transport
• criminal offenses

to be dealt with without a court appearance.

Infringements relating to the Road Safety Camera Program can involve speeding, traffic light, registration and other road safety offences.

If you have received an infringement notice you have a number of options to consider.

Your options

• pay the penalty (or apply to pay by instalments)
• request an internal review
• nominate another driver
• nominate that the vehicle or the registration plates were stolen
• nominate that the vehicle had been sold
• nominate that the identity of the driver cannot be established
• elect to go to court

Pay the penalty

Details of how to pay can be found on your infringement notice. You can apply to pay by instalments.

For more information about payment methods, payment plans and options visit the Fines Victoria website

Part payment plans

Those who are eligible can pay their fine by instalment or get an extension on the due date from the time it is first issued.

Official warnings

See the Official warnings page

Request an internal review

An application for internal review can be made at any time before the offence is lodged with the Infringements Court, or before the expiry of the period for bringing a proceeding to court in relation to the offence.

• Application for internal review

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Only one application for internal review can be made regarding any one infringement offence.

Victoria Police has the power to:

• confirm the issuing of an infringement notice
• withdraw the infringement notice
• withdraw an infringement notice and issue an official warning in its place
• withdraw the infringement notice and refer the matter to the Magistrates' Court

Each application for an internal review is judged on a case-by-case basis.

Internal reviews do not apply to the following offences:

• drink-driving, driving under the influence of drugs, or excessive speed infringements under Sections 89A-89D of the Road Safety Act 1986
• drink-boating infringements under Sections 61A and 61BA of the Marine Act 1988
• safety work infringements under Section 215C of the Transport Act

An application for internal review can be made at any time before the offence is lodged with the Infringements Court, or before the expiry of the period for bringing a proceeding to Court in relation to the offence.

Applications for internal review must:

• be in writing
• state the grounds for review
• provide current address details
• contain letter of consent, or other evidence of consent, if done on behalf of a third party

Grounds for review are:

• if you believe the decision to serve the notice was contrary to law
• there is a mistake in identity
• your conduct should be excused as exceptional
• if special circumstances apply

Further information on grounds for review can be found at the Fines Victoria website

Applications for review should be sent to:

Officer in Charge
Traffic Camera Office
GPO Box 1916
Melbourne 3001

Nominate another driver

Infringement notices resulting from detection by the Road Safety Camera Program are sent to the registered operator of the vehicle. Some infringement notices may be issued by a police member on-the-spot to the responsible driver at the time of the offence.

If you have been sent an infringement notice, or other notice, but you were not the driver, or person in possession or control of the vehicle, you may nominate the responsible person.

To nominate that person, complete the Nomination Statement Part B, Statement 1 on the back of the infringement notice or download and complete the Nomination statement and return it to Fines Victoria.

• Nomination statement

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All information must be provided on the form or it will not be accepted.

Do not pay the penalty. A new infringement notice will be issued to the person you have nominated, and the infringement notice sent to you will be cancelled.

For further information regarding nominations or questions about nominations please see Fines Victoria

Note: It is an offence under the Road Safety Act 1986 (which may carry a fine in excess of $9,000 and potential licence loss for an individual, or a fine in excess of $18,000 for a body corporate) to knowingly provide false or misleading information in a nomination statement.

Nominate that the vehicle or the registration plates were stolen

This is a statement to the effect that at the time of the alleged offence the motor vehicle or number plates were stolen.

To nominate that the vehicle or the registration plates were stolen, complete the Nomination Statement Part B, Statement 3 on the back of the infringement notice or complete the Nomination Statement and return it to Fines Victoria.

• Nomination statement

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The nomination statement should contain sufficient information (and supporting material where available) in order that the statement can be verified.

All information must be provided on the nomination statement or it will not be accepted.

Note: It is an offence under the Road Safety Act 1986 (which may carry a fine in excess of $9,000 and potential licence loss for an individual, or a fine in excess of $18,000 for a body corporate) to knowingly provide false or misleading information in a nomination statement.

Nominate that the vehicle had been sold

This is a statement to the effect that the vehicle had been sold or otherwise disposed of prior to the time of the alleged offence.

To nominate that the vehicle had been sold or otherwise disposed of prior to the time of the alleged offence, complete the Nomination Statement Part B, Statement 2 on the back of the infringement notice or the Nomination Statement and return it to Fines Victoria.

• Nomination statement

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The nomination statement should contain sufficient information to identify and locate the person to whom the vehicle was sold or disposed of prior to the time of the alleged offence.

All information must be provided on the nomination statement or it will not be accepted.

Note: It is an offence under the Road Safety Act 1986 (which may carry a fine in excess of $9,000 and potential licence loss for an individual, or a fine in excess of $18,000 for a body corporate) to knowingly provide false or misleading information in a nomination statement.

Nominate that the identity of the driver cannot be established

This is a statement to the effect that the person was not driving or did not have possession or control of the vehicle at the time of the offence and that the person does not know and cannot reasonably ascertain who was driving or in possession or control of the vehicle at the time of the alleged offence.

To nominate that the person was not driving or did not have possession or control of the vehicle at the time of the offence and that the person does not know and cannot reasonably ascertain who was driving or in possession or control of the vehicle at the time of the alleged offence, complete the Nomination Statement Part B, Statement 4 on the back of the infringement notice complete the Nomination Statement and return it to Fines Victoria.

• Nomination statement

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The nomination statement should contain sufficient information outlining as to what enquiries have been conducted.

All information must be provided on the nomination statement or it will not be accepted.

Failing to nominate a driver for three or more traffic offences (which carry demerit point penalties) in a 12 month period is an offence for which companies can be fined more than $17,000. This applies whether the fine is paid or not.

Taxi drivers cannot nominate another driver if that person does not match the driver records kept by the taxi operator, or claim they are unable to establish the identity of the driver responsible for the offence.

Note: It is an offence under the Road Safety Act 1986 (which may carry a fine in excess of $9,000 and potential licence loss for an individual, or a fine in excess of $18,000 for a body corporate) to knowingly provide false or misleading information in a nomination statement.

Elect to go to court

Persons who receive an infringement notice have the opportunity to have the matter determined by a court, where they have an opportunity to present particular circumstances to a Magistrate.

If you want to have your case heard in court, complete Part C on the back of your infringement notice and return it to Fines Victoria.

Note: Time limits and other restrictions may apply to any of these options.

Disputing an infringement notice

If you wish to dispute an Infringement Notice and there is no police misconduct, refer to the three options on the reverse of your notice or contact Civic Compliance on Metropolitan: (03) 9200 8111 or Regional: 1300 369 819, Monday – Friday 8am to 9pm (except public holidays) or visit www.fines.vic.gov.au

Demerit points

The recording of demerit points against a licence holder is the responsibility of VicRoads. The demerit points are recorded against your driver licence or learner permit. If you continue to offend and accrue too many points, you may lose your licence or learner permit.

Demerit points are always recorded relative to the time of the offence but are only applied when either:

• the infringement is paid (or part paid),
• an Enforcement Order is issued by the Infringements Court or
• the matter is found proven before a court

For further information go to the VicRoads website

VicRoads licensing and registration

VicRoads is the administrator for licensing and vehicle registration in Victoria. For all information relating to licensing and registration, specifically demerit points, payments, fees, forms, renewals and replacements please refer to the VicRoads website

Special circumstances

In relation to requests for internal review, special circumstances means-

(a) a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness results in the person being unable-
(i) to understand that conduct constitutes an offence, or
(ii) to control conduct that constitutes an offence, or

(b) a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction results in the person being unable
(i) to understand that conduct constitutes an offence, or
(ii) to control conduct which constitutes an offence, or

(c) homelessness determined in accordance with the prescribed criteria (if any) where the homelessness results in the person being unable to control conduct which constitutes an offence.

(d) family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence.

Contact

For further information regarding your options, please see the 'My Options' link on the Fines Victoria website

For more information relating to the infringement process contact Fines Victoria by phone on (03) 9200 8111 or in person at the Ground Floor, 277 William Street, Melbourne.