A Queensland woman who broke the law when her daughter was caught wearing her seatbelt incorrectly has won a legal fight against the $413 fine.
Louise Hess, from the Gold Coast, has been fighting the “unfair” fine and three demerit points for 18 months because, she argues, she could not reasonably be expected to monitor her 14-year-old daughter’s seatbelt position while she was driving.
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“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 the strap of a seatbelt,” she said.
“It’s not something you think you need to look at.”
The infringement notice, seen by 7NEWS, shows the seatbelt strap under her daughter’s arm, instead of over her shoulder as required, while she sat in the front passenger seat.
The fine was issued for “driving with unrestrained front seat passenger”, according to the Queensland Department for Transport and Main Roads notice.
Hess told 7NEWS she admits the seatbelt was in the wrong position but believes the fine was “revenue raising”.
“I started fighting it as soon as I got the fine,” she said.
“I’m expected to turn my head and check the position of that shoulder strap — I thought that’s unfair.
“I’m a bit stubborn and I wasn’t going to let them win on this one.
“I’ll pay a fine if I get caught speeding or my dog’s off a lead. Yeah, that’s fair.
“But this isn’t fair.”
The matter was due to be heard in Southport Magistrates Court on Wednesday but the transport department dropped its case on the morning of the hearing.
However, veteran criminal lawyer Bill Potts said Hess’ case does not mean people should feel free to flout Queensland’s seatbelt rules.
He said the law is based on a legal concept of “strict liability” whereby drivers “have an obligation at all times to ensure their children, their passengers, are correctly wearing their seatbelts”.
“People ought to obey this law,” he said.
He said people who believe they have been “wrongly charged” can write to the transport department to contest a penalty.
“If the department intends to proceed, go to court and contest it,” he said.
“A magistrate may well look at the personal circumstances and either find you not guilty or, even if they find you guilty, may impose a lesser fine.”
Going to court can force prosecutors to decide whether the case is worth pursuing, according to former Queensland Law Society president Potts.
“Often it may well be for the police or for the department, to prosecute these things involves significant expense,” he said.
“The difficulty is, is that the purpose of the law to deter people from doing this.
“So in effect, the department has to make a decision as to whether they are likely to win and whether it’s in the public interest to proceed against the individual.”
He said contesting traffic fines in court can be expensive and time-consuming.
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