Aussie driver wins fight over 'unfair' $413 fine
Mum Louise Hess claims it was an unreasonable ask to monitor her child's seatbelt while driving the vehicle.
An Aussie driver will no longer have to cough up $413 or lose three demerit points thanks to her successful battle against an "unfair" driving infringement.
Despite photographic evidence of her 14-year-old daughter incorrectly wearing her seatbelt in the passenger seat — with it placed under her left arm rather than over her shoulder— Gold Coast resident Louise Hess immediately disputed the fine when she received it last June.
She pushed back against the infringement issued by the Queensland Department for Transport and Main Roads (TMR) on the grounds that it was unreasonable to ask her as the driver to monitor her child's arm and seatbelt placement while operating her vehicle.
"You check your kids and everyone in the car before you start driving but I didn't think I would be expected to constantly watch the position of a strap of a seatbelt," Ms Hess told 7 News. “I’ll pay a fine if I get caught speeding or my dog’s off a lead ... But this isn’t fair.”
“I’m a bit stubborn and I wasn’t going to let them win on this one," the driver said, claiming a medical issue made it uncomfortable for her daughter to wear her seatbelt properly.
TMR 'caved' hours before court hearing
The incident was reportedly due to be heard in court on Wednesday but TMR dropped the case in the morning, with Ms Hess delighted her perseverance paid off.
"There is a lot more to this but at the end of the day TMR caved and that’s the main thing," she wrote online responding to a congratulatory message on the result.
A warning to other drivers
However this incident should not be used as inspiration for other drivers to question authorities if they find themselves in a similar situation to Ms Hess. Criminal lawyer Bill Potts reminds others of the lengthly and expensive process of challenging a driving infringement — with the proper use of a seatbelt ultimately saving lives.
"Parents particularly have an obligation at all times to ensure that the children, that their passengers are wearing their seatbelts," he told 7 News.
Across the country car passengers are required by law to wear their seatbelt diagonally from their shoulder across their chest, with improper use often resulting in severe injuries if a collision occurs.
Queensland drivers cop the highest fine in the country if passengers are caught improperly restrained by their seatbelt, with drivers fined up to $1161 and losing four demerits per passenger committing the offence. The offence widely incurs three demerit points across Australia, with NSW drivers copping a $352 fine and Victorian drivers fined $370.
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