Who gets the fine if a passenger's not wearing a seatbelt?

Q: Who gets the fine if a passenger is not wearing a seatbelt?

A: the driver, and usually the offending passenger as well, if they’re over the age of 16.

What are seatbelts and why are they important?

Seatbelts are tensioned retractable strap-based driver- and passenger-restraint systems engineered into vehicles.

Transport for NSW states that the five main functions of seatbelts are to “allow you to decelerate at the same rate as the vehicle in a crash; spread the force of the impact over the stronger parts of your body (pelvis and chest area); prevent you from colliding with the interior parts of the vehicle; reduce your risk of being thrown out of the vehicle; and work together with the airbags. In a crash, the seatbelt slows the speed of your body moving forwards, so you impact safely with the airbag.”

Seatbelts become mandatory in Australia in 1971.

What is the correct way to wear a seatbelt?

The Queensland’s Government states: “Wearing a properly adjusted and fastened seatbelt is compulsory in Queensland for all motor vehicle occupants. Drivers and passengers are around nine times more likely to be killed in a road crash if they are not wearing a properly adjusted and fastened seatbelt.

“Seatbelts must be worn with: the belt over your shoulder, running firmly across your chest and the lap part of the belt running firmly across your pelvic area and be buckled low on your hip.

“Wearing a seatbelt any other way will result in a fine.

“If you recline your seat you must ensure that the seat belt is still across your shoulder and chest.

“You and the driver may receive a fine, if your seatbelt is not properly fastened or adjusted when you've reclined your seat too far or fully.”

How are laws regarding seatbelt use similar and different across different Australian states and territories?

Seatbelts must be worn and worn correctly by drivers and passengers across all states and territories.

Some exemptions may apply and the severity of penalties do vary – but for those details and more, read on.

How are laws similar and different for drivers and passengers?

So, who will be fined for not wearing a seatbelt?

Australian Capital Territory

“It is the driver’s legal responsibility to ensure all passengers, including children, travelling in the vehicle are correctly restrained in a suitable approved child restraint,” the ACT Government states. “The driver can be issued with a fine for each passenger not properly restrained. This includes not wearing a seatbelt or incorrectly fastened and adjusted child restraints.”

NSW

Under NSW’s road rules, a driver may be fined if their passenger is incorrectly wearing a seatbelt. Police may also fine passengers 16 and over for incorrectly wearing a seatbelt. In cases of camera-detected offences for drivers and passengers, only the driver is fined.

Transport for NSW states: “It has been compulsory to wear seatbelts in NSW since 1971. Each year on average there are about 29 drivers and passengers killed and 76 seriously injured who were not wearing available seatbelts. Wearing a seatbelt doubles the chance of surviving a crash and reduces the risk of injury.

“Penalties and demerit points apply for drivers, including ride share and taxi drivers, who don't wear a seatbelt or wear it incorrectly.

“Penalties also apply to drivers if their passengers aren’t wearing a seatbelt correctly or aren’t in an approved child car seat. Passengers aged 16 years and older who don't wear an available seatbelt properly can also be fined by NSW Police.

“It is the driver’s responsibility to make sure passengers under 16 years old are wearing a seatbelt correctly or are in approved child car seat, including in ride shares or taxis.

“Extra demerit points apply for not using seatbelts and restraints during double demerit periods.

“NSW Police continue to enforce seatbelt use in addition to phone and seatbelt detection cameras.”

Northern Territory

“You and your passengers must wear a seatbelt or sit in a child restraint that has been appropriately fitted and fastened,” so sayeth the NT Government. “Passengers must not ride in the back of utes or vans unless an approved seatbelt is available. If drivers don't follow these rules, you could face seatbelt offences and penalties. Passengers over the age of 16 could also be fined.”

The following fines apply: Driver fails to ensure a child is appropriately restrained – $500 fine, 3 demerit points; Driver not wearing a seat belt – $500 fine, 3 demerit points; Adult passenger (aged 16 and over) not wearing a seat belt $500 fine, N/A.

Queensland

According to the Queensland Government, fines and demerit points apply for not wearing a seatbelt and for incorrectly fastened and adjusted seatbelts (for example, a seatbelt worn under the arm). “Drivers and passengers aged 16 years or older may be fined for not wearing a seatbelt or incorrectly wearing a seatbelt. A driver may be fined for each unrestrained or incorrectly restrained passenger in the vehicle,” it states.

Across a range of seatbelt-related offences, including: “Driver failing to wear a seat belt properly adjusted and fastened when driving a vehicle fitted with a seat belt for the driver”; “Driver failing to ensure a passenger at least 16 years wears a seat belt properly adjusted and fastened”; and “Passenger at least 16 years failing to wear a seat belt properly adjusted and fastened in a vehicle fitted with a seat belt for the passenger” – the penalty each time is a $1209 fine and four demerit points.

South Australia

The South Australia Police reckon: “It is a driver's responsibility to ensure that all passengers in their motor vehicle are correctly wearing an approved seatbelt or child restraint.”

The offences and their penalties – such as the fine for passenger not wearing a seatbelt and the penalty for passenger not wearing seatbelt – include: Driver not wearing a seatbelt – driver fined ($435) and loses three demerit points; Passenger 16 years and older not wearing a seatbelt – passenger and driver fined ($435) and each loses three demerit points; if more than one passenger - driver fined and loses five demerit points; and Passenger under 16 years not wearing a seatbelt – driver fined ($435) and loses three demerit points; if more than one passenger – driver fined ($514) and loses five demerit points.

Tasmania

"When a passenger is detected not wearing a seatbelt by a mobile phone and seatbelt detection camera only the driver will be issued an Infringement Notice,” states the Tasmanian Government.

So, the driver is responsible for ensuring all passengers are restrained correctly.

“However, it is still an offence by the passenger to not wear a seatbelt correctly and if detected by a Police Officer, an Infringement Notice will be issued to both the passenger and the driver.”

Seatbelt-related offences and their accompanying penalties include: Driver fail to wear properly adjusted and fastened seatbelt (when vehicle moving/stationary, but not parked) – $390 fine and three demerit points; Passenger (aged 16 or over) fail to wear properly adjusted and fastened seatbelt (when vehicle moving/stationary, but not parked) – $390 fine; Driver fail to ensure passenger under 16 years is restrained as required (when vehicle moving/stationary, but not parked) – $438.75 fine and three demerit points.

Victoria

In the Garden state, drivers can be fined if they are not wearing a seatbelt or if their passenger is not wearing their seat belt. Passengers aged 16 years and over can also be fined if they do not wear a seat belt.

Drivers caught by a road-safety camera incur the following penalty: a $395 fine for not wearing a seatbelt correctly, and three demerit points.

Western Australia

The sandgropers are crystal-clear about what’s required in relation to the appropriate and legal use of seatbelts in their state.

“By law, all drivers and passengers must wear seatbelts if they are fitted in the vehicle. Seat belts are designed to be used by only one person at a time. Doubling up, fastening a seatbelt around two people is both illegal and unsafe.”

If you’re driving in WA and you’re not wearing a seatbelt correctly you will cop a $550 fine and lose four demerit points. The total fine may rise to more than $800 if you have more unrestrained passengers in your vehicle.

Any passenger 16 years old or over and not correctly wearing a seatbelt faces a $550 fine.

Are there exemptions to seatbelt use for drivers and passengers?

Exemptions apply in all states and territories, but exemption certificates aren’t simply issued on a whim and conditions do apply.

As an example, the Queensland Government states “you will only be exempt from the requirement to wear a seatbelt if: you are the driver and are reversing the vehicle; you carry a current seatbelt exemption certificate, signed by an Australian doctor registered with the Australian Health Practitioner Regulation Agency. (The certificate must state that you can’t wear a seatbelt due to a medical condition or disability.); the vehicle was originally manufactured without seatbelts fitted and you are 7 years or older. (Children under 7 years of age are not permitted to travel in any vehicle without correctly fitted seatbelts or child restraints.); or you are required to get in and out of the vehicle frequently while engaged in door-to-door pick-up or delivery of goods, and you drive at no more than 25km/h.”

Seat belt exemption medical reasons include a medical condition or disability.

You may apply for an exemption certificates – often on medical grounds or for extenuating circumstances – and if you’re successful you must always carry it with you when driving or travelling as a passenger. However, as always, before you drive or travel, be sure to check with your relevant authority as seat belt laws in Australia are subject to change and conditions do apply.

How about the oldies? Are people over 65 years of age required to wear a seat belt? Of course, they are, but exemption certificates may apply in certain cases.

How can you avoid getting fined for a passenger not wearing a seatbelt while you are driving?

Easy – always make sure you and your passengers are all wearing your seatbelt correctly at all times.

Which children have to wear a seatbelt or child restraint? All of them: children under seven years of age must be in an approved suitable child restraint when travelling in a vehicle. A child restraint is a forward‑facing or rear-facing child car seat or a booster seat. Child restraints must meet Australian/New Zealand Standard AS/NZS 1754.

When is a driver allowed to drive without a seat belt? Only for very limited reasons including if carrying a seatbelt exemption certificate.

Where can you get help and/or more information regarding passengers' seatbelt fines in Australia?

For more details on seatbelt-related offences and fines, visit the website of an authority applicable to you.

Australian Capital Territory

NSW

Northern Territory

Queensland

South Australia

Tasmania

Victoria

Western Australia