7.3 Traffic Infringement

Summary

There are two common Statutory Declarations associated with camera detected offences:

  1. Queensland Police Service Traffic Camera Office for speeding and red light camera offences, and

  2. Department of Transport and Main Roads for breach of toll payments.

QPS Traffic Camera Office Statutory Declarations

These are required if the owner of the vehicle is using, as a defence, that they were not the driver of the vehicle at the time the offence was detected. They must be made on the form provided by the Traffic Camera Office. The declaration can be made by the owner of the vehicle who was not driving at the time, the representative of the company owning the vehicle, or the person who was driving the vehicle at the time of the offence (self nomination).

Check

  • the person whose name appears at the top of the form is the person signing the statutory declaration, or holds a Power of Attorney for the named person.

  • if the person is representing the company that their name is followed by their position in the company (Director, ABC Company).

  • for an individual the address is a residential address, not a PO Box. If the owner is a company, a PO Box address is acceptable.

  • the details of the nominated driver are complete. This must be a residential address even if overseas.

  • if the form is not the original then the details of at... on..., registration number and Infringement Notice number must be included.

  • for alterations. These must be initialled by deponent and JP. White out is accepted if initialled by both parties.

Process

  • Check and note the identity of the person.

  • Give the requisite warning followed by the formal declaration.

  • Obtain the deponent's signature. Do not accept a document that has been pre-signed. Cross out the signature, initial change and have the deponent re-sign.

  • Complete place, date and sign. Print your full name, qualification and number. It is not necessary to use your seal. If you wish to do so the seal must not cover any any information on the form.

Notes

  • Do not cross out the section "the vehicle was stolen" even if it does not apply.

  • Refrain from offering advice. If the notice return date has expired after 28 days, it is not the JP's role to refuse to witness the declaration.

  • If the owner leaves the vehicle in the care of another person, and the owner cannot identify the driver, they may nominate the other person caring for the vehicle at the time of the offence on the statutory declaration. When contacted that person then has the opportunity to nominate the actual driver at the time of the offence.

Department of Transport and Main Roads Toll Infringements

Although details on the form may vary, treat toll infringements in the same way as QPS Traffic Camera infringements.

References

Last updated 08 August 2018