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Thread: Statutory Declaration for speeding

  1. #1
    One Liter Duc Eater mole's Avatar
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    Statutory Declaration for speeding

    Hi all.... wondering if anyone knows the legalities of this? Google hasn't thrown anything up I can rely on...

    I had a speeding penalty notice from early December, when my car was being driven by someone else (my father over from the UK).

    I'm sure I need to supply the name and address of the person driving the vehicle at the time, but the "Statutory Declaration" looks like a piece of official bullshit to me - first it states "... person named below was responsible for the offence" - which would be me stating that he is guilty of an offence, rather than me stating he was driving the vehicle... he may well not have been speeding anyway.

    They also want his driving licence number, (guess they could claim I should check he is licensed before lending him a vehicle, but to remember the number...?), and they also want it witnessed by a JP, legal practitioner, notary, etc, or "other authorised witness under the Oaths Act 1900".

    I don't see why I should have to shell out a fee for the signature to be witnessed, and doubt it's actually a legal requirement. It's a bit awkward to get that done in time as I need to get the form back in a couple of days (been away in WA).

    The only info I've found is from the NSW Fines Act 1996, regarding a "vehicle or vessel offence", which states the name and address must be supplied, but I'm not certain it applies in this case.

    I'd be grateful if anyone's got any info about the legal requirements - or where I can find them.

  2. #2
    MotoGP Pit Boss Chris's Avatar
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    Quote Originally Posted by mole View Post
    Hi all.... wondering if anyone knows the legalities of this? Google hasn't thrown anything up I can rely on...

    I had a speeding penalty notice from early December, when my car was being driven by someone else (my father over from the UK).

    I'm sure I need to supply the name and address of the person driving the vehicle at the time, but the "Statutory Declaration" looks like a piece of official bullshit to me - first it states "... person named below was responsible for the offence" - which would be me stating that he is guilty of an offence, rather than me stating he was driving the vehicle... he may well not have been speeding anyway.

    They also want his driving licence number, (guess they could claim I should check he is licensed before lending him a vehicle, but to remember the number...?), and they also want it witnessed by a JP, legal practitioner, notary, etc, or "other authorised witness under the Oaths Act 1900".

    I don't see why I should have to shell out a fee for the signature to be witnessed, and doubt it's actually a legal requirement. It's a bit awkward to get that done in time as I need to get the form back in a couple of days (been away in WA).

    The only info I've found is from the NSW Fines Act 1996, regarding a "vehicle or vessel offence", which states the name and address must be supplied, but I'm not certain it applies in this case.

    I'd be grateful if anyone's got any info about the legal requirements - or where I can find them.
    Hi Mole, I know nothing about your driving system over there but I would assuse its very similar to ours. This is my opinion and it may be wrong.

    The first point is, I would think you would only be admitting he was reponsible for the event not that he was guilty of it.
    Secondly, can you not ask you dad for his licence number? It usually is made up from the the first 5 letters of your surmane and then your birthdate slightly jumbled. So it would still be possible to work it out if you needed to.

    I had a quick look through the NSW government RTA site, is there no info on there for you gleen? It looked pretty helpful?

  3. #3
    Silver Subscriber The Ring-In's Avatar
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    I ran a red light on a friends car once and I just filled out my details on the form and she sent it in . they posted me the same notice to my address with my details on. pretty straightforward really.

    hope your dad didn't misbehave too often while he was here

    will he pay the fine or ignore it as hes O/S

    if hes paying just get it sent to your adress as if hes staying with you still .... if not his UK one


    cheers stu

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  4. #4
    AMA Pit Boss Moyston's Avatar
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    Graham , for a stat dec, all you have to do is on it state that you were not driving the car, but the driver was and give them his name etc. then all it does have to be witnessed by a cop at a local station, doesnt cost anything.
    yu will just have to get the info from your old man, your not held liable for it in anyway.
    yes a stat dec is bullshit and waste of ppls time.
    Martin can sign it, or get him to defend you!!!!!!!


    Stop staring at my Tits!!

  5. #5
    AMA Pit Boss Big Red's Avatar
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    I had a mechanic that took my bike out for a test ride after servicing it once .He got done by a speed camera (fixed) and I received the fine a while later (took a while to process) .I went and had a look at the pic ,and for all money it looked like me barring a thin blue line on the bottom of my helmet that wasn't there .
    I eventually traced back my steps from then then asked the bike shop if they had any records (date) of my bike from it's last service .They did and that was when I handed them the ticket .
    He ended up filling out all the paperwork with no dramas .Didn't need a stat dec .
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  6. #6
    Evil Twin suprachrgd82's Avatar
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    In the USA (or at least California), if you're married, you do not have rat out the other individual.
    You do not talk about Fight Club....

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  7. #7
    MotoGP Pit Boss Chris's Avatar
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    Over here, you automatically pass it on the the wife

    Saves you having the three points, and her insurance is cheaper.

  8. #8
    One Liter Duc Eater mole's Avatar
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    Quote Originally Posted by bigrigdriver View Post
    Over here, you automatically pass it on the the wife

    Saves you having the three points, and her insurance is cheaper.
    Watch out for some cameras in South Yorkshire - they take a second, high resolution shot clearly showing the driver, and (a good friend of mine says) send you a copy when you say someone else was driving. They don't (or weren't in 2007) going for false declaration, just gave the option to reconsider your reply!

  9. #9
    One Liter Duc Eater mole's Avatar
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    Went to the local police station - nobody there! Went to a fully manned one, no police but luckily the lady at the counter happened to be a JP, and she signed it OK. I've not put date of birth in, and altered the bit about it being an offence, so can send it back.

    There is another penalty notice, but it's possible I might have been driving then, and as it's only one point I'll probably just take it - it's not worth the hassle.

  10. #10
    Silver Subscriber dadat178's Avatar
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    Funny but I'm sure your dad took my TL for a spin while he was here, wearing my lid with an iridium visor, did he mention it? More seriously have you guys caught up with the new use of red light cameras as speed cameras as well? That's gonna catch a few out , i keep forgetting and am expecting nasty letters in the mail soon
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