Section 188 Road Transport Act 2013
Offences Relating to Nominations

Section 188 of the Road Transport Act 2013 is Offences Relating to Nominations and reads as follows:

Offences relating to nominations

(cf Gen Act, s 179 (6) and (7))

(1) Offence–failure to comply with section 186 A person must comply with section 186 unless the person satisfies:

(a) in the case of a penalty notice–the authorised officer, or

(b) in the case of a court attendance notice–the court dealing with the camera recorded offence, or

(c) in either case–the court dealing with the offence of failing to comply with section 186,

that the person did not know and could not with reasonable diligence have ascertained that name and address.

Maximum penalty:

(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person–100 penalty units, or

(b) in any other case–50 penalty units.

(2) Offence–false nomination of person in charge of vehicle A person must not, in a relevant nomination document supplied under section 186, falsely nominate another person as the person who was in charge of the vehicle at the time the offence occurred.

The penalties

Maximum penalty:

(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person–200 penalty units, or

(b) in any other case–100 penalty units.

(3) A person falsely nominates another person as the person in charge of a vehicle for the purposes of subsection (2) if either a false name or address (or both a false name and address) for the other person is supplied in a relevant nomination document.

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