What Happens When a Family Member Gets a Red Light Camera Ticket: Implications and Responsibilities

When a family member borrows your car and gets a red light camera ticket, it can be a confusing situation. Understanding the legal implications and responsibilities can help prevent complications in the future. Here we discuss the issue and provide guidance on how to handle such situations.

Responsibility and Ownership in Different Jurisdictions

Depending on where you live and the laws that govern vehicle ownership, the responsibility for a red light camera ticket can fall on different parties. In many jurisdictions, the driver is expected to be responsible for any violations committed while driving their vehicle. However, in other regions, such as Victoria, Australia, the owner of the car may be held responsible for any traffic violations.

In Victoria, if your car runs a red light, the owner of the car would be considered guilty of the offense UNLESS a statutory declaration is signed indicating who was driving at the time. Failure to sign this declaration means that the car owner has taken responsibility for the infraction.

Business Owners: A Greater Responsibility

For businesses, the consequences can be more severe. If a company car is involved, the fine for a traffic violation can be ten times greater than the standard fine. It is expected that businesses maintain detailed records of who drives their company cars at all times, to ensure that they can identify and take responsibility for any violations.

Options to Manage the Situation

There are several options available to you if your family member gets a red light camera ticket while using your vehicle:

You can pay the ticket yourself: If you decide to pay the ticket, take responsibility for it, and support the family member, you are acknowledging that you are the responsible party for the traffic violation. Provide proof that the driver was not you: If you were not the driver, you can present evidence such as a signed statement or any other forms of documentation. If the ticket specifies a court to appear in, take it to that court and explain that you were not the driver. Reassign the ticket: You can tell the court who you loaned your car to, and they can reissue the citation to the appropriate driver. This approach ensures that the driver who actually committed the infraction takes responsibility for it.

Important Considerations and Legal Consequences

It is important to act truthfully and within legal boundaries. Delaying or refusing to identify the driver can result in negative legal consequences:

Perjury (False testimony): If you lie and take responsibility for the infraction and then get caught, you may be jailed for the crime of perjury. Penal Points on Your License: Being identified as the responsible party and not proving your denial can result in points being assessed on your driving license. Increased Fine: Not identifying the correct driver can also lead to higher fines, as the driver who actually committed the violation would be penalized more severely.

Most authorities understand that people might not always have all the relevant details. However, providing accurate information in a timely manner is crucial. In cases where you cannot provide the necessary details for reissuing the ticket, the likelihood of the ticket being dropped is relatively low. The police typically require specific identifying information such as the driver's name, date of birth, address, and possibly their driver's license number.

Conclusion

Understanding the responsibilities associated with vehicle ownership, especially in relation to red light camera tickets, can prevent legal conflicts and penalties. Whether you decide to take responsibility for the infraction, provide evidence of who was driving, or transfer the ticket, it is crucial to act truthfully and within the legal framework. Being proactive and accurate can help you avoid the potential pitfalls of such situations.