Australia, Opinion, Sarah Marinovic, Transport Industry News

Legal tips to consider for NSW seatbelt detection cameras

With NSW now using seatbelt detection cameras, Sarah Marinovic there are numerous things that heavy vehicle drivers need to consider before hopping behind the wheel
Speed camera

On July 1, New South Wales rolled out the use of seatbelt detection cameras. Over the past few months. we’ve watched the impact of this, with a huge jump in the number of people being fined for seatbelt offences. Official numbers report more than 11,000 fines were issued in the first month.

If a driver is caught not wearing their seatbelt properly, they will currently receive a fine of $410 (or up to $2,200 at court) and three demerit points (six points during double demerits). The same penalties apply if one passenger is not wearing their seatbelt.

As with any new enforcement technology, we often see people being caught a few times before the first penalty notice arrives. It’s easy to wipe out all your demerit points before realising your error.

With this in mind, I thought it worth warning the industry and giving an overview of the seatbelt requirements.

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Firstly, the cameras are able to catch offences in all light and heavy vehicles. The cameras being used are the existing mobile phone detection cameras, with the AI now being programmed to look for seatbelts as well. Using the existing camera network means there’s already significant coverage across NSW, so you need to be careful both at work and in your downtime.

The law requires that drivers wear their seatbelts properly adjusted and fastened, unless they are reversing. This means the seatbelt needs to be on properly, with the lap portion low and firm on your hips and the shoulder sash over one shoulder, under the other arm and buckled.

Wearing the shoulder sash portion under both arms or tucked behind your body is not allowed. A lot of the fines we are seeing are for this situation where the person has the seatbelt buckled but is not wearing it properly. The cameras are able to pick this up and are issuing fines for it.

Drivers are also required to take responsibility for their passengers. The law says that drivers “must ensure” that all passengers in or on the vehicle are wearing their seatbelts properly adjusted and fastened. This means drivers need to take active steps to make sure their passengers are properly restrained. It’s not enough to assume your passengers are buckled up – you need to check.

While there are some limited exemptions to the rules, the best approach is to make sure you’re always wearing your seatbelt and checking that your passengers are doing the same. If you have children in the car, you also need to check the specific rules around child restraints for their specific age.

As with all camera technology, it’s not foolproof. There will inevitably be cases where fines are issued incorrectly. When this happens, you have two options.

Firstly, we can write to Revenue NSW seeking a review. The other option is to contest the fine in court.

If you’re considering contesting the fine, it’s worth seeking legal advice. As always, prevention is the best approach, so keep in mind that the cameras are watching and buckle up.

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