Who will be fined if a passenger 16 years or older is not wearing a seatbelt?

Everyone knows there are a lot of things that could get you in trouble if you are caught doing them behind the wheel, with texting, drinking alcohol and eating being just a few examples.

But many drivers might not know that you can also cop a fine for things your passenger does, even if it may seem harmless to you.

Drivers know that having an unrestrained passenger in the car is illegal but there are certain things your passenger might be doing, like reclining their chair, that could infringe on this rule.

The majority of drivers have probably let a passenger recline their seat on a long drive to have a nap and it’s likely many have done it themselves.

While it might not seem dangerous, doing this can mean the seatbelt isn’t adjusted properly and that can mean big fines for both the driver and passenger.

In New South Wales if you are caught with a passenger who isn’t wearing their seatbelt correctly you will be hit with a $337 fine and three demerit points.

If the passenger is 16 years or over they can also be given a $337 fine.

A Transport for NSW spokesperson told news.com.au that a passenger reclining their seat can also infringe on other road rules by possibly obstructing the driver’s view.

“It is strongly advised that passengers only recline the car seat while the vehicle is stationary,” the spokesperson said.

“Rule 297(2) provides that a driver must have a clear view of the road, and traffic, ahead, behind and to each side of the driver.

“A $330 fine and three demerit points applies for disobeying this rule.”

The spokesperson added that it is up to police to decide whether or not the reclining passenger is infringing on any of these laws.

In Victoria if a driver fails to ensure a passenger over the age of 16 is wearing a properly adjusted and fastened seatbelt they will be given a $322 fine and three demerit points.

That fine bumps up to $363 if the passenger is under the age of 16.

The passenger can also be given a $322 fine for not wearing their seatbelt correctly.

Motorists in the Australian Capital Territory will face a massive $492 fine and three demerit points for being caught with a passenger not wearing a seatbelt properly.

Western Australia has the highest penalty for this offence, with passengers over the age of 16 getting a $550 fine and drivers copping the same amount plus four demerit points.

The Northern Territory has the second highest penalty, with both the passenger and motorist getting a $500 fine and drivers also getting three points on top of that.

Driving without having a passenger correctly restrained will set you back $391 and three points in Queensland.

Passengers over the age of 16 will cop the same fine.

In Tasmania this offence will cost a driver $326 and three demerit points if the passenger is aged 16 or over, with the passenger also being fined the same amount.

However, if the passenger is under 16 the driver will receive a bigger fine of $366.75, on top of the demerit points.

Failing to ensure a passenger is correctly strapped in will result in a $423 fine and three demerit points for drivers in South Australia.

Passengers caught breaking this rule will also get a $423 fine.

People who recline their chair while in a moving vehicle are not only risking a fine — there are also significant safety risks.

Last year the NSW Centre for Road Safety released footage from its Crashlab showing the

harrowing consequences incorrectly wearing a seatbelt under the arm or travelling in a reclined seat can have.

An improperly adjusted seatbelt can cause massive internal injuries or death if a crash occurs while travelling at just 60km/h.

Dr Jeremy Hsu, head of trauma and a surgeon at Westmead Hospital, said even sitting upright and having the seatbelt incorrectly adjusted can cause irreparable damage.

“All the force is applied to the abdomen which would probably result in injuries to the liver,

spleen, anything within the abdomen,” Dr Hsu said.

“When it came to the low rider test, a very high-risk of death and permanent disability.”

Everyone travelling in a motor vehicle needs to wear a properly adjusted and fastened seat belt. It’s the driver’s responsibility to ensure:

• there’s only one person sitting in each seat
• no one is sharing a seatbelt
• all passengers are wearing their seatbelts correctly
• all children are safely secured.

While the rules don’t require you to wear a seatbelt when parked or reversing, RACV suggests you do.

Drivers can be booked for failing to ensure their passengers are safely restrained, but this doesn’t apply to a bus driver or a taxi with passengers over 16 years old.

For more information, see the VicRoads website.

Children and safety restraints

Anyone travelling in a car with a child under the age of seven must ensure the child is in an approved, properly fitted and appropriate child restraint.

The type of restraint to use for your child depends on their size and age. Here are the different types at a glance:

• Birth to 6 months: rearward facing restraint.
• 6 months to 4 years: rearward or forward facing restraint.
• 4 to 7 years: forward facing restraint or booster seat.
• Older than 7 years: booster seat or adult seatbelt.

We provide more in-depth information on this topic in our Child Safety section.

Wearing a seatbelt while pregnant

It’s important that you always wear a seatbelt throughout your pregnancy. It protects you and your unborn baby in the event of a crash. If a seatbelt is worn properly there’s very little pressure on your stomach.

Correctly and comfortably wear a seatbelt by:

• Placing the lap part of the belt under your baby and low over your upper thighs.
• Adjusting the angle of the seatbelt using the seatbelt locator.
• Placing the sash part of the belt in between your breasts.

Not wearing a seatbelt is illegal unless a medical practitioner exempts you from wearing one.

A driver will be penalized with a fine and demerit points if he is caught driving without a seat belt. The driver will also be penalized if he carries passengers below 16 years of age who are not wearing seat belts or approved child restraints. A passenger may also be penalized for not wearing a seat belt but the penalty for a passenger is only a fine and not demerit points.

The governing law for the seat belt requirement is the Transport Operations (Road Use Management – Road Rules) Regulation 1999. The Queensland government has been strict in the enforcement of the seat belt requirement because of studies which show that wearing a seat belt improves a person’s chance of surviving a car crash. Part of the program of the government aside from catching violators is information dissemination on the dangers of not wearing a seat belt.

There are exceptions to the requirement of wearing a seat belt and these are if:

• There is no seat belt to the seat that you are in and there is no other seat belt available in the vehicle;
• You are the driver and you are reversing;
• You have a doctor’s certificate that says you cannot wear a seat belt; or
• You are a taxi driver.

To charge a person with violating the seat belt requirement he must be caught in the act of not wearing a seat belt or allowing his passenger to ride the vehicle not wearing a seat belt. As for allowing a passenger below 16 years to not wear a seat belt the accused can raise the defence that he did not know his passenger was aged below 16 years. The accused may also show proof of the existence of at least one of the exemptions to the seat belt requirement.

The penalties for the violation are actually minor. If the driver immediately pays the fine and chooses not to contest the imposition of the demerit points the violation will not reach the courts. Many violators opt to just pay the fine and accept the demerit points since a court case will mean time, money and effort on their part. However, accumulation of demerit points might lead to more serious consequences like loss of license or disqualification from driving.

The following table details the updated penalties for failing to wear a seat belt.