Failure to Nominate the Driver of a Motor Vehicle – s60 Road Safety Act

If you’ve been contacted by police and asked, “Who was driving your car?”, you might be thinking you can just say “no comment” and move on.

A lot of people think that.

This charge exists because, under Victorian law, the registered owner (or the person responsible for the vehicle) can be required to help identify who was driving. And for this one question, the usual idea of “I don’t have to answer police” can get people into serious trouble.

Section 60 matters because it can trigger big licence loss. In some cases it can be two years off the road. That is why people panic when they realise what they’ve been charged with.

This page explains what the offence is, when you must nominate a driver, what penalties apply, what defences exist, and why getting advice early can protect your licence and your record.

What Is the Offence of Failing to Nominate the Driver?

Section 60 of the Road Safety Act 1986 makes it an offence for the owner of a motor vehicle, or a relevant nominated person, to fail to give information that may identify the driver of a vehicle.

In plain terms, if police ask you who was driving your car at a particular time, and you have information that could help identify the driver, you must provide it.

This is why the charge is so tricky. For most police questions, you are allowed to say nothing. For this one, the law can require you to answer.

It also goes further than that. Section 60 says it can be an offence if you fail to make all reasonable enquiries to obtain the information requested. So it is not always enough to say, “I don’t know.” You need to show you genuinely tried to find out.

This often comes up when police are investigating a serious driving allegation and are trying to work out who was behind the wheel. It can also come up when a car is linked to an incident, and the registered owner is treated as the person most likely to know who was driving.

When Are You Required to Nominate a Driver?

You are required to nominate a driver when a police officer, acting in the execution of duty, makes a requirement under section 60 of the Road Safety Act.

That requirement can be made in person, over the phone, or in writing. It can also be sent by post. If it is posted to an authorised address and comes back undelivered, the law can treat it as served anyway after a set period. That catches people who have moved house or have not updated their address.

A key issue in these cases is whether the request was connected to a genuine investigation and whether it was reasonable in the circumstances. Another issue is timing. If police ask you about something that happened a long time ago, it may be harder to remember, and that can be relevant.

But you should never assume the request is invalid just because time has passed. This is the kind of situation where you should get advice before responding.

Penalties for Failing to Nominate the Driver

The penalties depend on the type of matter police were investigating.

If the request relates to an accident that resulted in a person being killed or suffering serious injury, the maximum penalty is up to 20 penalty units or up to 4 months imprisonment, or both.

In all other cases, the maximum penalty is up to 20 penalty units or up to 2 months imprisonment, or both.

Those are the maximums. They do not tell you what will happen in your case. Most cases do not result in jail. But the bigger issue for most people is what happens to your licence if you are convicted.

Licence Loss Explained

This is the part that causes real panic.

Section 60 previously said that if you are convicted, the court must cancel your licence (and learner permit if you have one) and must disqualify you from getting a licence again for a minimum period.

For a first offence, that minimum was at least 2 years.

For a subsequent offence, it was at least 4 years.

The law changed recently, so now the court CAN take your licence for 2 years, but it does not have to.

This is also why turning up and just pleading guilty without preparation can be a disaster. Many people do not realise they are risking two years off the road until it is too late.

Common Defences to s60 RSA Charges

Not every section 60 charge is straightforward. There are defences and there are factual issues that can make the charge hard to prove.

A common issue is whether you actually failed to give information that was within your power to give. If you genuinely did not know who was driving and you did not have the ability to work it out, that matters.

Another issue is whether you made reasonable enquiries. The law expects you to make genuine efforts. What is “reasonable” depends on your situation. For example, if multiple people have access to the car, or if the event was months earlier, the enquiries you can make may be limited. But you may still need to show you tried.

Honest and reasonable mistake can also be relevant. If you gave information you believed was correct, and it turned out to be wrong, the circumstances will matter.

Timing and relevance can matter too. If the request was unclear, or not connected to a proper investigation, or so old that it was unreasonable to expect accurate recall, those are issues that can be explored. They are not automatic defences, but they are often the first places a proper defence starts.

The prosecution must also prove that a proper requirement was made and that you failed to comply. Sometimes the paperwork, service, or communication is messy. That matters.

Why Legal Advice Is Crucial Before Responding

This is one of those situations where the wrong response can lock you into a bad outcome.

People often respond too quickly. They guess. They nominate the wrong person. Or they refuse to answer because they think they have a right to silence.

All three can go badly.

If you nominate someone incorrectly, you can create bigger legal problems for yourself and for them. If you refuse to answer, you can end up facing a charge that threatens your licence for years. If you say “I don’t know” without being able to show reasonable enquiries, the prosecution may argue you did not meet your obligations.

Getting advice early can help you understand what police are actually asking, what you are required to provide, and how to respond without making things worse.

If you need broader help with traffic matters, you can read more here:

What to Expect in Court for s60 Charges

Section 60 matters are heard in the Magistrates’ Court.

The prosecution will usually try to prove that a proper request was made, that you were the owner or relevant nominated person, and that you failed to give information within your power to give or failed to make reasonable enquiries.

Often the dispute is not about whether a letter was sent. The dispute is about what you knew, what you could have worked out, and what you did to try.

If you are considering pleading guilty, a big part of the case becomes sentencing strategy. That includes whether a conviction should be recorded and what consequences flow from that.

If you want a clearer idea of how Magistrates’ Court traffic matters generally unfold, this guide can help: What Happens in Court for Driving Offences in Victoria? (Step-by-Step Guide)

How to Reduce the Impact if Pleading Guilty

If the evidence is strong and you are pleading guilty, the focus is usually on damage control.

For section 60, the most important issue is often conviction. If your licence matters to your work, your family, or your ability to function day to day, that needs to be put before the court properly.

Courts do not give “no conviction” outcomes just because it would be inconvenient to lose a licence. But they do consider genuine hardship, your prior history, your character, and the circumstances of the offending.

Preparation matters. Character references should address responsibility and explain why this will not happen again. Evidence of your work and your need to drive should be specific. Any explanation for why the driver was not nominated should be clear and supported where possible.

Where the offence arose from confusion or poor advice, that can sometimes be relevant, but it needs to be handled carefully. Excuses usually backfire. A clear and honest explanation is usually safer.

Contact a Traffic Lawyer Before Speaking to Police

If you have been asked to nominate a driver, or you’ve already been charged under section 60, get advice before you guess, refuse, or try to handle it yourself.

This is one of the few traffic-related offences where the wrong move can cost you years off the road.

To speak with an experienced traffic lawyer at William Archer Defence Lawyers, contact us here:

The goal is simple. Protect your licence where possible, protect your record, and stop a bad situation from becoming much worse.