Driver highlights 'terrible' problem with roadside cameras after copping $410 fine
The NSW man claimed there was not enough evidence his passenger had committed a seatbelt offence.
A motorist has been dealt a frustrating blow having copped a $410 fine for an offence his passenger allegedly committed while he was driving, with nothing more than grainy, unclear photos as proof of the act.
The NSW man told Yahoo News the state's new mobile and seatbelt detection cameras snapped his mate supposedly "wearing his seatbelt incorrectly" while riding in the passenger seat. But he argues this isn't evident in the images provided as proof which he says are "terrible quality".
Despite claiming his innocence, he sadly felt obliged to cop it after his appeal was rejected by Transport for NSW, saying "it’s not worth jeopardising my future visa/citizenship applications".
Nationwide penalties for wearing seatbelts incorrectly
Across the country, car passengers are required by law to wear their seatbelt diagonally from the top of their shoulder across their chest, with improper use often potentially resulting in severe injuries if a collision occurs. Drivers are responsible for all passengers in their vehicle, state road authorities say.
Queensland drivers cop the highest fine in the country if passengers are caught improperly restrained by their seatbelt, with drivers fined $1209 and 4 demerit points as of July this year. In Victoria, it's $395 and 3 demerit points.
In NSW, the penalty for incorrectly wearing a seatbelt is a $410 fine and three demerit points, but due to double demerits, this driver also copped six demerit points. However, he claims he was incorrectly fined.
"My friend was wearing a seatbelt. I still got a penalty notice through," the driver argued. "I appealed and it was rejected. "
Photos from detection cameras 'terrible quality', driver argues
In the photos, the bottom part of the seatbelt is clear, however, due to poor-quality lighting the top of the seatbelt is barely visible, and appears to blend into the passenger's clothing. This means, judging by photos alone, it's not fully clear if the seatbelt was worn over the shoulder as it should be, or in any other way.
"The rejection was due to the seatbelt being worn incorrectly," he told Yahoo. "However, I would argue that the quality of the photos is terrible.
"I’ve decided to pay it. Even though I would take it to court, it’s not worth jeopardising my future visa/citizenship applications."
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'Several stages of review' before fines are issued
Transport for NSW does not comment on individual cases however when asked about its fining process, a spokesperson said, that while artificial intelligence is used to make an initial assessment of images of potential offending, "all suspected seatbelt offences detected by the cameras and software system go through several stages of human review by trained and authorised personnel before a fine is issued."
It's understood Transport and Revenue NSW are trained to undertake a review in accordance with prescribed procedures and regular reviews are in place to ensure the procedures are applied consistently.
It is common for drivers and passengers to wear clothing similar in colour to a seatbelt, however the camera technology and angle of the images enable reviewers to discern if a seatbelt is not being worn or worn incorrectly.
"Wearing a seatbelt is a simple and highly effective way to prevent trauma, and doubles the chance of surviving a crash as well as reduces the risk of injury," a spokesperson told Yahoo.
"Drivers can use their penalty reference details to review the images online and can seek a review of their infringement by Revenue NSW, at no cost, if they believe an error has been made. Drivers also have the option to have their matter dealt with in court.
"Drivers are legally required to ensure passengers are correctly wearing an available seatbelt."
New dual-tech road cameras targeting Aussie drivers
NSW introduced the new mobile phone detection cameras earlier this year and alarmingly, within the first three weeks, issued more than 11,400 fines across the state.
The dual technology, which not only detects the use of phones while driving, but also if seatbelts are being worn correctly, is also being used in Queensland, South Australia, the ACT, and Victoria
Speaking to Yahoo previously, Avinash Singh, Principal Lawyer at Astor Legal, revealed many people don’t realise the seatbelt cameras don’t just check people are wearing a seatbelt, but also that they are wearing the seatbelts correctly.
"A surprising number of people wear their seatbelt under the armpit instead of over the shoulder," he revealed. "They often believe that as long as the seatbelt is clicked in, this is sufficient, however, it is not and you can be fined $410 and three demerit points for wearing your seatbelt like this".
Previously, an Aussie dad was fined $2,156 in a matter of weeks because his daughter, a passenger, was wearing hers incorrectly. She appeared to make the same mistake twice within two weeks.
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