Requesting an internal review for a clearway fine
This page provides information for a Department review of a clearway fine you have received.
Who can request a review?
You may apply for an internal review if you are:
- the registered vehicle owner
- someone acting on the vehicle owner’s behalf with their consent or
- a person who has been formally nominated as the driver.
I wasn’t driving, can I nominate 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.
What grounds can I request a review under?
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.
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 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:
- that you were involved in a medical emergency at the time the fine was issued; and
- how this prevented you from parking legally.
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:
- letter from a roadside assistance provider (showing the car registration, date, time and location of where it was repaired); or
- mechanic’s invoice (detailing the work performed, date and time); or
- receipt/invoice for parts that were purchased on the day if you fixed the problem yourself; or
- tow truck driver confirmation of breakdown or circumstances.
This must be on official letterhead and include the company’s ABN and contact information. We may contact the provider to clarify the details.
The police have:
- arrested you; or
- have forbidden you from driving the vehicle
This would be considered as out of your control.
Evidence required: You will need to provide a letter or email from police to confirm with 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:
- family violence
- extreme financial hardship.
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.
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 documents advise that the vehicle must be released.
Evidence required: Original court order.
Unexpected event, circumstances not possible to predict.
Evidence required: Letter or email outlining the conditions, proof of circumstances.
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 do I apply for a review?
We are unable to review your matter over the phone or in person, and review matters that have been paid.
Please complete the internal review form.
Alternatively, you can email your request to: [email protected].
Department of Transport
Transport Regulatory Operations Branch
Clearway Infringements Team
GPO Box 2393
MELBOURNE VIC 3001
- Please ensure you have completed this application in full and if required, attached any supporting documentation.
- We will access your review based on the information that you have provided.
- If you do not provide enough detail, the Department may request further information.
- If you do not provide the information requested within the specified time frame, the Department may decide on your application without it.
What happens after I apply?
How long does a review normally take?
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?
- information collected by the officer who issued the fine, which may include photographs
- circumstances and any supporting documents provided in your application or by third parties or your authorised representative requirements under the relevant legislation.