5 days ago
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Now more than ever, drivers feel like they're under the eye of the law when it comes to seatbelts with the addition of monitoring cameras in all states and territories besides South Australia, Western Australia and the Northern Territory.
These cameras will detect and fine motorists who are not only failing to wear their seatbelts but also wearing them incorrectly.
New South Wales introduced them in July 2024, and the Australian Capital Territory followed, with Victoria doing so in July 2023, Queensland in July 2021, Tasmania in August 2023, and Western Australia in November 2024.
Within just four weeks of being installed in NSW, more than 10,000 people were caught not wearing their seatbelts correctly, while in the first six months after being installed in VIC, there were 20,000 people.
However, there are a few legal loopholes that motorists might be able to dodge the hefty fine with.
When is it legal to not wear a seatbelt?
There are technically four common loopholes where you do not need to be buckled up while the car is in motion.
Surprisingly, this seatbelt loophole means it is not illegal to be unbuckled while reversing your car.
According to Road Rules 2014, the current road rules legislation, regulation 264 (reg-232 for Western Australia) states that:
"[The driver] must wear the seatbelt properly adjusted and fastened unless the driver is reversing the vehicle."
That means you are allowed to unbuckle your seatbelt while the car is in motion backwards. Of course, this only applies to the driver.
The road rule specifies that this exemption, "does not apply to the driver of a motor vehicle, other than a motorbike, who is the holder of a learner licence or a provisional P1 or P2 licence".
But with this exception comes the next question – how far can you legally reverse?
Well, all Australian states and territories observe the same road rule regarding reversing, which states: "The driver of a vehicle must not reverse the vehicle further than is reasonable in the circumstances".
As we have covered in a previous story, the "reasonable reversing" road rule is applied on a case-by-case basis, with the enforcing officer able to exercise their discretion when issuing fines.
"We are unable to give you a clear distance on how far a driver can legally reverse a car since the circumstances have to be assessed on a case-by-case basis," a NSW Police spokesperson told Drive.
The penalty for breaking the reversing road rule ranges from $100 and one demerit point in Western Australia to a $136 fine in New South Wales, up to a $198 fine in Victoria or a whopping $412 penalty in South Australia.
Your car was not equipped with a seatbelt from the factory
If your vehicle was not fitted with seatbelts from the factory, you can fall into this seatbelt loophole.
The fitment of front seatbelts became mandatory in 1964 for Victoria and nationally in 1969. That means if your car was manufactured before 1964 for Victorian residents – or 1969 for other states – and did not come with seatbelts, you are not legally required to put them in.
However, seatbelts were a standard fit in many cars before these rules, so if they have been installed in your vehicle, it doesn't mean you have an exemption just because it was made before 1969.
While it may seem you will need to fight all of the fines you rack up while driving your historic vehicle, ServiceNSW has offered this disclaimer:
"Where the cameras have detected a seatbelt offence, Transport will endeavour to determine if the vehicle does not have seatbelts installed but is compliant with the Australian Design Rules at the time of manufacture.
"A fine will only be issued if it is clear that a seatbelt offence has been committed, including evidence that a lap-only belt is not worn or worn incorrectly. If you receive a penalty notice but believe you haven't committed an offence, you can request a review by Revenue NSW."
You have a medical exemption
Believe it or not, you can get a medical exemption from wearing a seatbelt.
There is no outline on what constitutes someone receiving a medical exemption from wearing a seatbelt, but it is written "because of a medical condition or disability the person has".
The exemptions are given through a registered medical practitioner to those who are fit to drive, but not fit to wear a belt as it may cause health issues.
However, because the exemption is not through the state authority, automatic seatbelt cameras will send you a fine that you need to appeal every single time you pass through one.
"If you receive a penalty notice from Revenue NSW for a camera detected seatbelt offence and you (or your passenger, in the case of a passenger offence) had a valid medical exemption from wearing a seatbelt at the time, you can request a review of the fine with Revenue NSW," it states on the ServiceNSW website.
"If the review finds that the medical exemption is valid, the fine will be cancelled and the record of the offence will be removed from your licence."
Your job requires you to frequently stop
Hidden in the road rules is a secret seatbelt loophole allowing people who work in the "door-to-door delivery or collection of goods" to not buckle up.
Subrule 2 of Regulation 264 states: "A person in or on a motor vehicle is exempt from wearing a seatbelt if the person is engaged in the door-to-door delivery or collection of goods, or the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals, and the vehicle is not travelling over 25 kilometres per hour".
This rule is likely to cover mail workers and courier drivers, who deliver packages in tight residential areas that would make it difficult to consistently buckle and unbuckle.
Zane Dobie comes from a background of motorcycle journalism, working for notable titles such as Australian Motorcycle News Magazine, Just Bikes and BikeReview. Despite his fresh age, Zane brings a lifetime of racing and hands-on experience. His passion now resides on four wheels as an avid car collector, restorer, drift car pilot and weekend go-kart racer.
