My husband received a speeding ticket in Melbourne, Victoria. The problem is that he was not the driver!?

Question

His ex-girlfriend was the driver! Before he met me, he helped his ex-gf buy a car. She did not have the credit to finance her car. So, he helped her finance the car and have the car put under his name. As a result, when she was speeding over 11-15km over the speed limit, the speed ticket was sent to him.

When I found out about this, you can imagine how furious I am for him to do such a thing. Since this was done before I met him, I forgave him. Now, I just want to remedy this bad situation caused from his past stupid action for helping his ex-gf.

To make matters worse, we both live overseas. (I'm not an Australian. Hence, my lack of knowledge in the Australian legal options). On top of that, the ex-gf was speeding during the short period of time we were visiting in Australia. She may be doing that to get revenge for him marrying someone else, but she was the one who cheated on him for a drug dealer. She liked "bad boys" and he wasn't one.

(I apologize for the ex-gf rant.)

Answer 1

There should be an appeals process where you can provide information about the driver. Some actually require the driver to admit the were behind the wheel, so all you can do is try.

Answer 2

Kinda fishy that it happened while you were visiting there, don't cha think?

Answer 3

Your husband has at least two other problems that need to be dealt with.  Unless the car is paid off, he has responsibility for a loan on a vehicle not in his possession. Problems if she doesn't pay off loan.

The second is that he has has not transferred registration to his ex or she would have received the ticket. To do this requires a road worthy certificate (usually obtained by the seller) and payment of stamp duty at 4% of car value at time of transfer by the 'buyer'.  I guess insurance on the car is in the name of his ex or another problem should there be an accident.

EDIT   EDIT   EDIT  

Lotus.  Contacted VIC Roads and Civic Compliance.  Civic compliance is where your husband would have sent nomination of driver or person in possession of car. I assume your husband did this by your additional details.  Neither VIC Roads nor Civic Compliance will talk to anyone other than the person named on the ticket.  The physical address of the Penalty Review Board is: Civic Compliance, Level 1, 377 William Street, Melbourne 3000. Postal address is: Penalty Review Board  GPO Box 1916   Melbourne   VIC   3001

Here is link to Police website for page dealing with speeding offences.  Ctrl + click to follow link.     http://www.police.vic.gov.au/content.asp...

This next link gives you link to new driver nomination form.   Page will ask you to open file. http://www.police.vic.gov.au/content.asp...   To contact Civic Compliance Victoria by phone: [phone].  Either using the way you normally talk to husbands’ parents or if you can get or already have a cheap calling card it would be best for your husband to ring Civic Compliance.  (You have most likely already done one driver nomination form so how do you do another?)  He will need to have ticket reference number to talk to them although they may work from his name.  Tell them how long ex gf has had possession of car and attempts to change rego to her name while back in Aus. and  how she would not pay loan and cooperate. Tell them she only texts for contact and may have deliberately given false info. Give them her phone no. Parents address etc. Have text handy if possible. This could help verify story.  I assume your husband didn’t have use of this car while in Aus.  Can your husband’s parents fax you letter saying info given is false so you understand.  Do you realise that giving false information on driver nomination form can result in 60 demerit points and fine of up to $6000?  So if ex gf has done this she could be liable. I guess if your husband has done this he could be. I would let her know this. You cannot say if you don’t pay fine I will have you taken to court for this. This is illegal. Let her work it out for herself.

As for VIC Roads .  they said any parking, traffic or City Link charges  could end up being charged to your husband while car still in his name. If not paid an encumbrance could be put on car.  Your husband could go to http://www.vicroads.vic.gov.au   and cancel registration but he would need someone to go to where car is and remove plates to hand in to VIC Roads. If plates remain on car after he cancels registration his ex gf could drive car unregistered and your husband could be responsible for this offence which carries a massive fine.  Does he have someone who could go to where car is normally parked, remove plates and hand in to VIC Roads?   It sounds whatever your husband does the ex will try to be as difficult as possible.  He may as well bite the bullet and let the fallout begin. If she feels he is going to cancel registration (I wouldn’t mention removing plates) then she may be prompted to pay car off so he can change registration to her name when he knows it is paid off.  A simple short text,” I have decided to cancel registration on the car as I can’t continue to be responsible for any fines you might incur while it is registered in my name.” This should bring some response. It is his car so I imagine he should be within his right to have it towed to parents’ address and sell the car, pay off the loan and there is little she can do about it.  It sounds as if she doesn’t want to pay for the car anymore but she can’t trade it in on another car if in your husband’s name. She needs it in her name to use it as a trade.  Will she just let it be repossessed?   You are overseas so your credit there shouldn’t be affected but would repossession costs and loan be covered if credit company sold car at repossession auction?

Your simplest action would be just to pay the fine but unless you act on the whole situation now your husband may never be rid of the problem. It could start all over again with the next fine. BUT he should talk to Civic Compliance before he does anything.  None of the above constitutes legal advice as I am not a lawyer, just some info I found and my thoughts on it.

Post another Q if you like, I will look under your profile to find one for the next week or so.

Answer 4

You could go down to the police station or the court house and ask in person.

What your options are.

You could search online the legal databases which would take alot of time.

You are best to pay the fine and let it go and not try and fight.

Traffic violations are written tightly.

Arguing with a policemen or the law is not the way.

You only can hope that the law will change itself due to your situation.

Like enough people have that happen to them that they change the laws.

The law is there to protect the people.

Traffic laws may seem unfair or be unfair.

I see what you mean though.

Hopefully everyone will learn from the whole situation.

The Bible says respect authority for those that have the rule over you. They watch for your souls.

To be a policemen, doesn't have many rewards. It seems like they are fighting a losing battle.

Answer 5

I can only answer for the states. Here some cameras just take a pic of the license plates and not the driver. They send a ticket to the registered owner of the vehicle, he pays the ticket but it does not count as a moving violation on the driving record. This is usually the case even if they  do take a picture of the driver(It's more like getting a parking ticket.) Your license can not be suspended and it does not count against your driving record. If they only have a pic of the license plate and not the driver you can contest in and win. If they got a clear pic of the operator then but he was not driving, you could fight it and have it dropped. This is the way it works in the states but I do know that states contract with some of the same companies that overseas law enforcement agencies that own the cameras, send the tickets out, and collect the payments.