Seatbelt Offences in NSW — What You Need to Know

Wearing a seatbelt has been compulsory in New South Wales since 1971. Despite decades of enforcement and public education, seatbelt non-compliance remains a persistent issue on NSW roads. Each year, around 29 people are killed and 76 seriously injured in crashes where a seatbelt was not worn, accounting for approximately 15 percent of all road fatalities in the state.

Since 1 July 2024, enforcement has expanded significantly. The NSW Government has extended its mobile phone detection camera network to also capture seatbelt offences. This means drivers and passengers can now be detected and fined automatically, without any police officer being present.

The Basic Rule

Under rule 264 of the Road Rules 2014 (NSW), a driver must wear a seatbelt that is properly adjusted and fastened at all times while the vehicle is moving, or stationary but not parked, unless a specific exemption applies. Drivers are also responsible for ensuring that every passenger is properly restrained.

A seatbelt is only considered properly worn when the lap portion sits low and firm across the hips, and the sash runs across the chest and mid-shoulder. Wearing a seatbelt incorrectly — for example, placing the sash under the arm or behind the back — constitutes an offence and attracts the same penalty as not wearing one at all.

Penalties

The standard penalty for a seatbelt offence in NSW is a $423 fine and 3 demerit points. During double demerit periods, this increases to 6 demerit points. For drivers on a good behaviour licence, even a minor offence can have serious consequences — accumulating 2 or more demerit points places the driver in breach of their licence conditions.

Where multiple passengers are unrestrained, penalties increase significantly. A driver with four or more unrestrained passengers faces a fine of $1,728 and 6 demerit points. If the matter proceeds to court, the maximum fine is $2,200. However, the court has discretion to deal with the matter without recording a conviction, avoiding both the fine and demerit points.

Camera Enforcement

From 1 July 2024, seatbelt offences have been enforced using the same camera network previously used for mobile phone detection. The enabling legislation was passed in November 2023, and enforcement commenced without a warning period.

The system uses automated image capture and artificial intelligence to identify potential offences. Images are then reviewed by authorised personnel before a penalty notice is issued. In the first three weeks alone, more than 11,400 fines were issued — exceeding the total number of seatbelt infringements issued by NSW Police in all of 2023. Approximately 75 percent of those fines were for incorrectly worn seatbelts rather than complete non-use.

Children and Restraint Requirements

The law imposes specific requirements for children: under 6 months — rear-facing approved child restraint; 6 months to under 4 years — rear-facing or forward-facing restraint with inbuilt harness; 4 to under 7 years — forward-facing restraint with harness or approved booster seat; 7 to under 16 years — booster seat or properly adjusted seatbelt. Responsibility for compliance rests with the driver in all cases.

Exemptions

Exemptions from seatbelt requirements are limited. Drivers are exempt while reversing. Certain occupations such as door-to-door delivery or waste collection at low speeds may also qualify. The most commonly relied upon exemption is medical. For camera-detected offences, any medical exemption must be raised with Revenue NSW within 28 days of receiving the penalty notice.

Received a Fine — What Are Your Options?

If you receive a seatbelt penalty notice and believe it has been issued incorrectly, you can request a review through Revenue NSW. If the review is unsuccessful, you may elect to have the matter heard in the Local Court. While this carries some risk, as the court can impose a higher fine, it also allows the magistrate to deal with the matter without conviction — which can be particularly important where demerit points may lead to licence suspension.

In NSW, so many of us rely on our driver’s licence to get to and from locations. We all have unique circumstances which highlight our individual requirements for a licence.

I understand just how difficult it can be to navigate life without a licence, particularly if a licence is required for work or for carer’s duties, or if you work in a field or reside in a location where public transportation is simply not a viable option.

I have heard it be said countless times in court by judges that “a licence is a privilege and not a right”. It is something that we often do not think about when operating a vehicle. It is important to remember that we are responsible for not just ourselves as drivers, but for our passengers – and seatbelt offences have proven this.

In saying so, being at risk of losing one’s driver licence can be incredibly stressful. There will be tales in the community about ways around avoiding a loss of driver’s licence, but it is important to be very careful in accepting these tales as fact. If you are at risk of losing your licence, it is best to speak with an experienced professional who deals with traffic-related matters regularly.

— Jelena, Lamont Law