Originally Posted by
LHR/MEL/Europe FF
ok, so a slight difference between QLD and say VIC law.
under VIC law the registered owner would be responsible, then they would have to nominate the driver. they would of course look to the the rental agreement.
however the nominated driver then has to accept the nomination. if they don't know who was driving then they might not accept it.
the dispute may then come down to whatever the contractual agreement was between the rental company and the driver... which probably says something like 'you are responsible to pay all fines".
however the liability (who actually committed the offence) may remain undetermined and not attach to anyone.
I do not think this is correct, unless it has changed recently. Having received speeding fines in a rental car under my name but a mate was driving, I nominated the driver and the fine was reissued to him. The only way he could not accept this is by nominating the correct driver or taking it to court. He did not have to accept the nomination in the way you are referring to.
Also, in Victoria, there is a law that requires the registered company owner of a vehicle (such as a rental car company, or just your private company) to nominate a driver of the vehicle when issued with a fine. Failure to do so results in a $1,000 fine to the vehicle owner. This was enacted due to people getting out of fines when in company registered vehicles by the company not nominating the driver.