From 1 July 2024, mobile phone detection cameras in NSW will be adjusted to also detect persons not wearing a seatbelt properly. Seatbelt cameras will detect persons not wearing a seatbelt, as well as persons wearing a seatbelt incorrectly.
Penalty
The penalty is a fine of $410 and 3 demerit points.
However, the fine increases for provisional drivers (P1 and P2), and when more than 2 passengers are not wearing their seatbelt.
How to wear a seatbelt correctly
A seatbelt is worn correctly when it is properly fastened and adjusted, with the lap portion across the hips and the sash across the chest and mid shoulder.
Who is responsible for passengers wearing their seatbelts
The driver of a vehicle can receive a fine it they, or their passengers, are not wearing a seatbelt correctly. Therefore, it is the driver’s responsibility to ensure all passengers are wearing their seatbelt properly. This includes properly fitted child restraints for children under the age of 7 years.
In addition, passengers who are not wearing their seatbelt correctly, and are over the age of 16 years old, can also be fined.
Double demerits
The double demerit point scheme applies to seatbelt offences. Therefore, the penalties will increase during holiday periods.
Breach Good Behaviour Licence
When an unrestricted licence holder is on a good behaviour licence, they will have 2 demerit points. Therefore, receiving a penalty notice for not wearing a seatbelt could put you in breach of your good behaviour licence. If this is the case, you should obtain legal advice from a specialist traffic lawyer before you pay the penalty notice.
For more information, visit our page on breaching a good behaviour licence.
Arthur Law is a law firm committed to defending your future. We offer a Free 30 minute initial consultation. Contact us on 0421 700 497.
