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Requesting an internal review for a clearway fine

Information on requesting a review of a clearway fine you have received, how to nominate another driver and grounds to request a review from the Department.

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Requesting a review

You may apply for an internal review if you are:

Nominating who was driving at the time

The registered vehicle owner is responsible for parking fines issued to their vehicle. If your vehicle has received a clearway fine but you weren’t the driver at the time, you can nominate the driver which transfers the liability of the fine to them.

To do so, you must complete the Nomination Statement which is provided on your infringement notice.

It is an offence under the Road Safety Act 1986 to provide false or misleading information in a Nomination Statement. Penalties apply.

Under Section 84BE(5B) of the Road Safety Act 1986, failure to keep records (such as who was in possession of the vehicle at the time of the offence) is not an adequate or reasonable excuse (unless there are exceptional circumstances) and the Nomination will not be accepted.

Grounds for reviewing a request

An internal review will be considered under the categories outlined below.

Emergency services vehicle

Your vehicle is authorised as a police, ambulance or fire vehicle. Vehicle required to attend to emergencies.

Evidence required: None.

Medical emergency

We consider this to be a severe unforeseen injury or illness, including mental illness, posing an immediate risk to a person’s life or long-term health. This could also refer to an emergency admission/care of a driver or dependant or a medical emergency out of the driver’s control.

Evidence required: If an emergency occurred, you’ll have to supply an official letter on a letterhead from the hospital confirming:

The medical facility’s patient liaison team may be able to assist you with a letter that confirms what happened on the day. A medical certificate will not be sufficient. If you were driving your passenger to the emergency department, we will consider a certificate of attendance from the emergency department.

Mechanical breakdown or accident

You had to leave your vehicle to get assistance and the vehicle was towed in your absence because your vehicle cannot be driven or is unsafe to drive.

Evidence required: You will be required to provide a:

This must be on official letterhead and include the company’s ABN and contact information. We may contact the provider to clarify the details.

Police intervention

The police have:

This would be considered out of your control.

Evidence required: You will need to provide a letter or email from the police to confirm the date and time (with officer details provided).

Special circumstances/extreme financial hardship

This relates to circumstances where a driver is unable to either understand or control the conduct that led to the offence due to:

E.g. If you are homeless and are living in your vehicle (motorhomes and caravans are not applicable).

Evidence required: You will need to provide a letter or email from a support service, social worker or Justice Centre stating that the customer is experiencing homelessness, family violence or extreme financial hardship.

Municipal vehicles

This is a council-owned vehicle that was required to be in the location for council business.

Evidence required: Letter or email from the driver’s manager stating the staff member was on official council business.

Diplomatic or consular vehicles

The vehicle is registered to Consular Corps and has a special exemption under international law.

Evidence required: Proof of Consular Corps registration.

Court order

Court order documents advise that the vehicle must be released.

Evidence required: Original court order.

Exceptional circumstances

Unexpected events and circumstances not possible to predict.

Evidence required: Letter or email outlining the conditions, proof of circumstances.

Stolen vehicle

Vehicle has been reported stolen by the owner/driver.

Evidence required: Original victim impact statement or police report.

Person unaware of fine

You can apply on the ground of person unaware if you didn’t know about your fine. To apply for review on the ground of person unaware, you must submit your application within 14 days of the date that you become aware of the fine. You can make a statutory declaration as evidence of the date that you became aware of your fine.

Evidence required: A copy of your passport or a boarding pass showing that you were overseas and not the driver, proof of change of address and registration of new address with VicRoads, mail theft reports if your mail was stolen, or any other relevant evidence.

Contrary to law

Contrary to law applies if you believe that the decision to serve the infringement notice is incorrect or unlawful.

Evidence required: Proof or letter explaining why you believe that the infringement issued was contrary to law, eg. the Department has acted improperly/unfairly, that the officer who issued the infringement was not authorised to do so etc.

How to apply for a review

You must lodge a review within 28 days of receiving the fine.

We are unable to review your matter over the phone or in person and review matters that have been paid.

Complete the internal review form

Alternatively, you can email your request to: clearway.infringements@transport.vic.gov.au.

Or post to:

Department of Transport and Planning Transport Regulatory Operations Branch Clearway Infringements Team GPO Box 2393 MELBOURNE VIC 3001

Only one internal review is permitted per infringement notice.

Important note:

What happens after I apply?

Your fine will be placed on hold while the review is conducted. Once conducted, a decision will be made, and we’ll notify you of the outcome in writing to the postal address you provided.

How long does a review normally take?

We complete most internal reviews within 30 business days; however, the process may take up to 90 days or longer if we require additional information from you.

If the department has requested further information and it is not received by the specified date, the infringement will be reviewed with the available information at hand. We will notify you of the outcome in writing to the postal address you provided.

How will the review be conducted?

When reviewing a fine, we’ll take into account all available information, including:

What happens if my application is unsuccessful?

Your remaining options will be outlined in the letter we send you, and we’ll set a new payment date. If you don’t pay the fine or take any other action (for example, request a payment extension or elect to have the matter heard at court) by the new due date, the fine will continue through the infringement process and you’ll incur additional costs.

Transport

Updated 15 November 2023

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