The new seatbelt cameras in New South Wales have been in operation for a few months now. We’re seeing a lot of fines being issued and we’re also starting to see how courts are approaching them.
The seatbelt offences carry three demerit points, which can very quickly add up to a licence suspension if the driver and their passengers all don’t have their seatbelts on properly. I wanted to go over the rules with you so that you don’t get caught too.
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The seatbelt rules themselves aren’t new. There has always been an obligation on the driver of a vehicle to wear their own belt properly, and to ensure that all passengers are wearing their seatbelts properly as well. But usually these were only detected when people were stopped by police, often when the kids thought it funny to wriggle out of their belts right before an RBT! But now the cameras are in operation, people are being detected far more often.
The things to know are:
- This technology is everywhere where mobile phone cameras are: so there are plenty of them on all sorts of roads.
- The cameras are looking at both the driver AND the passenger, and if either isn’t complying with the law, the driver is the one held responsible. You can’t nominate your passenger, even when it was them doing the wrong thing.
- It’s not enough to simply have the belt on – it has to be on properly. This means belt across the lap, buckle clicked in and sash over the shoulder. I’ve seen a matter recently where my driver’s passenger had the shoulder strap across the top of their arm instead of over their shoulder, and that was enough to get the driver in trouble.
- IMedical exemptions: there are limited circumstances where a person can be exempted from wearing a seatbelt properly. This has to be granted by a medical professional BEFORE a passenger doesn’t wear their belt properly.
I’ve heard a few drivers say that they or their passengers weren’t wearing their belts properly because they were injured or unwell and the belts were uncomfortable – this is not a defence. - Exemptions generally: interestingly, a fully licenced driver does not need to wear their seatbelt while reversing. There are a handful of other situations, like when there is a medical emergency, or when driving a garbage truck very slowly, where the rules change as well, but for general driving purposes – keep your belt on.
- We are seeing a mixed approach by the courts in dealing with seatbelt fines. I have seen some magistrates be lenient, particularly where a passenger has adjusted their seatbelt into the wrong position without the driver knowing. However, I’ve also seen magistrates and judges be pretty tough on them. We’ve all seen the videos of what happens to crash dummies when a car stops suddenly and they’re not wearing a seatbelt. This image is front of mind for magistrates who are sentencing for this offence, and they are regularly convicting drivers and giving hefty fines with the demerit points.
- If found guilty, the maximum fine in court for seatbelt offences is $2,200. Courts do have the option of not recording a conviction, which means no fine and no demerit points. So if the points from a seatbelt offence are going to put you off the road, then it might be worth taking it to court. If you’re considering this, it is important to get legal advice first.
If you have been picked up by one of the seatbelt cameras and it could cost you your licence, the lawyers at Ainsley Law would be happy to discuss whether taking the ticket to court is a good idea for you.
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