Who pays the fine when someone else is driving your car?

Ellen was excited to welcome her son, Brad, and his family into her home after mortgage difficulties forced him to sell theirs. At first, they lived harmoniously, as Ellen’s grandkids filled the house with laughter and Brad regained his financial feet, paying down outstanding debts.

One morning, Ellen couldn’t find her keys. She messaged Brad, asking if he’d seen them. Although Brad read the message minutes after it was sent, he ignored it until he pulled into the driveway – in Ellen’s car. When asked why he was using her vehicle and not his own, Brad said it was just easier to take hers, as he’d let his car registration lapse.

A week later, Ellen received a letter in the mail. She was being fined for exceeding the speed limit by 20 km near Brad’s office. When asked to pay, Brad claimed he couldn’t afford it, it was a mistake, and she should want to help him out. Torn, Ellen paid the fine and lost multiple demerit points, warning Brad not to take her car without permission again.

Her car was missing again the very next day.

Incurred fines can be elder abuse

As a parent, you may feel compelled to cover the cost of your child’s fines, even if it harms your driving record and impacts your bank account. Maybe it’s easier to just let it go, or maybe you fear the negative consequences that standing your ground could create. You don’t want to hurt your child, even if they’re ambivalent about or ignorant to the pain they’re causing you.

It can be scary to attach a word like abuse to their actions, but let’s reframe what happened to Ellen through an elder abuse lens.

• Brad took Ellen’s car without telling Ellen: theft.

• When caught speeding, Brad made no attempt to take emotional, legal or financial responsibility, leaving Ellen with the financial debt: elder abuse.

• Brad repeated the behaviour after Ellen clearly established a boundary: continued abuse.

Financial abuse – the theft or misuse of an older person’s money, assets or property – is one form of elder abuse. Approximately 2% of community-dwelling Australians aged 65 and over experience financial abuse every year and 1 in 6 were abused by someone they knew (usually an adult child) in 2024.

While it’s encouraging more people are coming forward to report elder abuse, 61% of the 1 in 6 did not seek help and an unknown number did not report at all.

Why are traffic fines in the owner’s name?

In Australia, traffic fines (like speeding or running a red light) are sent to the registered owner of the car by default. That means if your name is on the registration, the fine is yours – unless you take action to transfer it to the person who was behind the wheel.

If fines remain unpaid, the debt falls on you, and the longer it’s left unpaid, the bigger the problem becomes. Unpaid fines can compound, and they can lead to:

• debt collection or additional late fees

• licence suspension – even if you weren’t driving!

• car registration suspension – making it illegal for you to drive your own car

• significant financial stress from accumulating fines.

Does every state have the same traffic fine rules?

Each state and territory has its own process for transferring fines, but the general rule is the same. If you weren’t driving, you need to nominate the actual driver within a certain timeframe, usually 21 to 28 days. After that time, you may attract a bigger fine or risk losing your licence if the fine remains unpaid.

Here’s how it works in each state and territory:

ACT

• If you weren’t driving, you can fill out an Infringement Notice Declaration within 28 days.

• The ACT allows an ‘Unknown User’ declaration if you genuinely don’t know who was driving, but you must provide evidence.

• If you ignore the fine, the government can suspend your licence or car registration.

New South Wales

• The fine is automatically sent to the registered owner.

• If you weren’t driving, you must nominate the actual driver within 21 days from the date recorded on the notice.

• If you don’t, you may have to pay a separate fine for not nominating (this can be over $700 for individuals and up to $22,000 for businesses!).

• If you truly don’t know who was driving, you’ll need to show that you’ve made a reasonable effort to find out.

Northern Territory

• The fine goes to the owner unless they nominate the driver.

• You have about 28 days to do this.

• If you don’t nominate, you’ll have to pay the fine and take the demerit points.

• Businesses that fail to nominate will be fined five times the normal penalty. If this happens repeatedly, they could be taken to court.

Queensland

• The fine is automatically sent to the registered owner.

• Owners have 28 days to transfer the fine to the correct driver from the date recorded on the notice.

• If you don’t nominate anyone, you are assumed to be the driver, and the fine (plus demerit points) will go on your record.

• If you ignore the fine, the government can suspend your licence or even put a hold on your car registration.

• Businesses that don’t nominate a driver will face fines that are five times the normal amount.

South Australia

• The fine goes to the registered owner, but you can transfer it by filling out a statutory declaration.

• If a company car gets a fine and the business doesn’t nominate the driver, it could face a $1,800 extra fee.

• If you don’t pay or nominate on time, your licence or car registration could be suspended.

Tasmania

• You must act within 28 days – pay the fine, nominate the driver or request a review.

• If you ignore the fine, Tasmania’s enforcement agency will automatically convict you and start enforcement actions.

• Businesses that don’t nominate could have their car registration suspended for 14 days.

Victoria

• The fine is automatically sent to the registered owner.

• You have 28 days to nominate the correct driver from the date recorded on the notice.

• If you miss this deadline, you could face higher penalties – especially if you’re a business owner. Companies that don’t nominate a driver can be fined over $3,000 per offence.

• For serious offences (like excessive speeding), failing to nominate on time means the offence is automatically recorded against you, and your licence could be suspended.

Western Australia

• The fine is automatically sent to the registered owner.

• If you weren’t the driver, you need to fill out a Driver Nomination Form before the fine’s due date.

• If you do nothing, you’ll be responsible for paying the fine and getting any demerit points.

• If a business owns the car and doesn’t nominate a driver, the fine is automatically doubled.

How to protect yourself from fines that aren’t yours

Set clear boundaries with adult children

As parents of adult children, it’s more than okay for older Australians to set limits – it’s healthy and necessary. Whether it’s about your time, property (the one you live in or investments), assets (like your car) or belongings (think family heirlooms or expensive jewellery), establishing clear rules is a form of self-respect.

It's a way of reminding your now-grown kids that you’re a person too, with needs, wants, limits and agency of your own!

[insert provided infographic here, with link]

Put expectations in writing

Sometimes things happen, and your adult child may really need to use your car. Before they touch your keys, have a written agreement drawn up, including who’s responsible for fines, accidents and damage, insurance specifics (does your insurance cover other drivers?) and rules around use.

Don’t be afraid to involve legal representation, and continue to watch out for any signs of elder abuse. Remember, no one is entitled to your property.

Have someone witness any conversations or agreements

Apart from your legal team, ensure you have a trusted ally in the room who can add a second voice to your side of the story, should something go wrong. No one backs you up quite like a good friend or even friendly neighbour.

Manage repeat offenders

When an adult child repeatedly crosses the line – borrowing your car without permission, refusing to return keys, or ignoring clear boundaries – it’s time to take firmer action.

If they have their own copy of your car keys, you are absolutely within your rights to ask for them back. Be direct, but calm: ‘I’m no longer comfortable with you using my car. I need the keys back today.’

If they refuse – or you suspect they may take the keys anyway – you can take simple preventative steps. A steering wheel lock or wheel clamp is a low-cost way to physically prevent your car from being driven without your consent. In some cases, you may even consider changing the locks or reprogramming your car’s key fob for extra security.

This is about more than inconvenience – it’s about safety. In 2024, 1.8% of older Australians reported experiencing physical abuse, with adult children being the most common perpetrators. Taking steps to protect your property can help prevent disputes escalating and send a clear message that your boundaries will be respected.

Should you involve the police?

It might feel extreme to report your own child, but here’s the truth: it’s never okay for someone to take your property without permission – no matter who they are. If your adult child takes your car without consent, it’s considered unauthorised use, and you are fully within your rights to involve the police.

It’s likely to be a difficult decision for you. The emotional toll of confronting a family member – especially your child – can feel overwhelming. But your safety, independence and legal rights come first.

Keeping a record of every incident can make a huge difference if the situation escalates:

• Note the date and time the car was taken.

• Keep copies of any fines, damage reports or fuel charges.

• Save texts or emails that show you did not give permission.

Even if your child refuses to pay at first, having detailed records can help prove your case – and protect you from liability.

At the end of the day, if you lend your car to a family member or friend, make it clear that any fines they incur are their responsibility. If you receive a fine for an offence you didn’t commit, act fast to transfer it so you don’t get stuck with unnecessary debt or penalties.