Driver disputes hefty $1,000 fine with roadside camera image

Navigating the roads these days is tricky enough dealing with hour-long traffic and costly fuel prices.

But there’s one bit of road safety advice that we should all take seriously: wearing your seatbelt properly.


Gavin Storkey, a business owner based on the Gold Coast, recently discovered just how serious a seatbelt violation can be.

He copped a $1000 fine from Queensland Transport after a roadside camera caught a passenger apparently having their seatbelt tucked under their arm while travelling on the Pacific Motorway at Upper Coomera.


car seatbelt_pixabay_48d1f613-5959-404b-9312-eb4fe520b12f.jpeg
A man from Queensland was fined a whopping $1000 for placing his seatbelt under his arm, based on an image taken by a road camera. Image source: cfarnsworth from Pixabay.


According to the Queensland Revenue Office, images are taken of each vehicle travelling in the lane of traffic that the camera is monitoring. Artificial Intelligence is then used to detect if a seatbelt offence has occurred.

But Storkey claims when he received the fine and corresponding legal forms from the Queensland Treasury, he was not offered the option to submit an online enquiry. He was allegedly offered only two choices–pay the fine or go to court. However, the Queensland Treasury has confirmed there is an option to submit a fine enquiry through the state government website.


In a letter to Storkey, the Department of Transport and Main Roads explained that ‘infringement notices will be issued if a camera detects the driver or passenger of a vehicle not wearing a seatbelt that is both properly adjusted and fastened’.

‘The image shows the seatbelt was placed under the arm,’ it said.

‘If you wish to withdraw your court election and pay [the] infringement notice, please advise this office by return email and the infringement will be released.’


Screenshot 2023-08-29 at 3.41.46 PM.png
Storkey claims the right side is unclear and it’s impossible to see whether the passenger is wearing the seatbelt under his arm. Image source: Nine News / Gavin Storkey.


Storkey claims the right side is unclear and it’s impossible to see whether the passenger is wearing the seatbelt under his arm. Image source: Nine News.

He believed the image showed the passenger’s seatbelt didn’t appear to be under the arm–despite the low-quality photo that was provided as evidence. So Storkey decided to fight the fine.

‘I have been a good citizen, (I've) never been in trouble with the law, I'm struggling to pay (my) mortgage and keep my small business afloat, and now I am being sent to trial over a seatbelt photo for a $1000 fine,’ he said.

‘I had a closer look and analysed the image further, I realised the image was taken in the late afternoon sun and was overexposed.’

‘I could see the seatbelt disappear in the image, (it's) clear on the left side of the image, but on the right side it's impossible to see,’ he added.


Queensland drivers face a maximum penalty of $2875 for improper wearing of seatbelts.

Storkey appeared in Southport’s Magistrates Court earlier this month, and his case has been adjourned until January 2024.
Key Takeaways
  • A Queensland business owner, Gavin Storkey, received a $1,000 fine for a seatbelt offence, according to a photo taken by a road camera.
  • Storkey refutes the fine, claiming the passenger’s seatbelt was not under the arm as stated in the infringement notice but over it.
  • He alleges he was not given the option to submit a fine enquiry online by the Queensland Treasury, and was only offered the alternatives of going to court or paying the fine.
  • Storkey has pleaded not guilty in court, and the case has been adjourned until January 2024.
Dear members, it goes without saying–wearing your seatbelt is essential for your safety, so take the time to adjust it properly. And if you do end up being issued a ticket, make sure you’re aware of all your options.

So, what's your verdict dear members? Do you think the passenger was wearing the seatbelt right? Let us know your thoughts in the comments below!
 
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I have also had some minor breast surgery that feels uncomfortable & irritates the right breast when a seatbelt passes over it. However when in the passenger’s seat I always put my seatbelt on correctly, have a foam based seatbelt protector over that area and on days when there is irritation I place my hand under the lowest part of the belt nearest the locking device to keep it just that little bit off me. If I’m ever pulled over for this I would be quite prepared to show, on the spot if necessary, the actual wound.

In the case in question the passenger, be it man or woman, is definitely not wearing that seatbelt correctly. The angle of the seatbelt crossing over abdomen towards shoulder shows it is not going over the shoulder.
 
I also think it looks under the arm.
I was fined once for a passenger who had removed their belt. If the passenger is the one at fault then I personally think they should pay the fine, if they had any decency.
How is the driver supposed to keep their eye on the road and watch what passengers are doing.
If I was him I'd just pay, too much hassle to go to court, and likely to loose anyway. Or alternately hand the fine to the passenger, if he is an adult and able to pay or suggest you pay 50% each
 
Navigating the roads these days is tricky enough dealing with hour-long traffic and costly fuel prices.

But there’s one bit of road safety advice that we should all take seriously: wearing your seatbelt properly.


Gavin Storkey, a business owner based on the Gold Coast, recently discovered just how serious a seatbelt violation can be.

He copped a $1000 fine from Queensland Transport after a roadside camera caught a passenger apparently having their seatbelt tucked under their arm while travelling on the Pacific Motorway at Upper Coomera.


View attachment 28580
A man from Queensland was fined a whopping $1000 for placing his seatbelt under his arm, based on an image taken by a road camera. Image source: cfarnsworth from Pixabay.


According to the Queensland Revenue Office, images are taken of each vehicle travelling in the lane of traffic that the camera is monitoring. Artificial Intelligence is then used to detect if a seatbelt offence has occurred.

But Storkey claims when he received the fine and corresponding legal forms from the Queensland Treasury, he was not offered the option to submit an online enquiry. He was allegedly offered only two choices–pay the fine or go to court. However, the Queensland Treasury has confirmed there is an option to submit a fine enquiry through the state government website.


In a letter to Storkey, the Department of Transport and Main Roads explained that ‘infringement notices will be issued if a camera detects the driver or passenger of a vehicle not wearing a seatbelt that is both properly adjusted and fastened’.

‘The image shows the seatbelt was placed under the arm,’ it said.

‘If you wish to withdraw your court election and pay [the] infringement notice, please advise this office by return email and the infringement will be released.’


View attachment 28581
Storkey claims the right side is unclear and it’s impossible to see whether the passenger is wearing the seatbelt under his arm. Image source: Nine News / Gavin Storkey.


Storkey claims the right side is unclear and it’s impossible to see whether the passenger is wearing the seatbelt under his arm. Image source: Nine News.

He believed the image showed the passenger’s seatbelt didn’t appear to be under the arm–despite the low-quality photo that was provided as evidence. So Storkey decided to fight the fine.

‘I have been a good citizen, (I've) never been in trouble with the law, I'm struggling to pay (my) mortgage and keep my small business afloat, and now I am being sent to trial over a seatbelt photo for a $1000 fine,’ he said.

‘I had a closer look and analysed the image further, I realised the image was taken in the late afternoon sun and was overexposed.’

‘I could see the seatbelt disappear in the image, (it's) clear on the left side of the image, but on the right side it's impossible to see,’ he added.


Queensland drivers face a maximum penalty of $2875 for improper wearing of seatbelts.

Storkey appeared in Southport’s Magistrates Court earlier this month, and his case has been adjourned until January 2024.
Key Takeaways

  • A Queensland business owner, Gavin Storkey, received a $1,000 fine for a seatbelt offence, according to a photo taken by a road camera.
  • Storkey refutes the fine, claiming the passenger’s seatbelt was not under the arm as stated in the infringement notice but over it.
  • He alleges he was not given the option to submit a fine enquiry online by the Queensland Treasury, and was only offered the alternatives of going to court or paying the fine.
  • Storkey has pleaded not guilty in court, and the case has been adjourned until January 2024.
Dear members, it goes without saying–wearing your seatbelt is essential for your safety, so take the time to adjust it properly. And if you do end up being issued a ticket, make sure you’re aware of all your options.

So, what's your verdict dear members? Do you think the passenger was wearing the seatbelt right? Let us know your thoughts in the comments below!
looks to me like pay up or shut up.
 
He's deluding himself. Clearly, the seat belt is under the arm. Go to court and waste your time and money on a solicitor. To the member who claimed the seat belt is uncomfortable due to recent surgery; you may be able to apply for a medical exemption.
 
He's deluding himself. Clearly, the seat belt is under the arm. Go to court and waste your time and money on a solicitor. To the member who claimed the seat belt is uncomfortable due to recent surgery; you may be able to apply for a medical exemption.
If this was in response to my surgery, as mentioned, I would rather be safe by putting my belt on and hand under the bottom of the belt than not wearing a seatbelt. It is a small but uncomfortable discomfort but I’d rather be safe than sorry in the event of an accident. I’m usually with my husband doing the driving. As a driver myself there is no problem as the belt does not go over that side of my body.

Thank you for the advice of a medical exemption. And to others who have medical issues it might pay to try for this exemption if you wish.
 
A practically identical scenario was screened on Channel 9's "A Current Affair" just now. The passenger was fitting breast pumps for her toddler when she was snapped. Cost poor hubby $1141 and lost four demerit points.

For the insomniacs out there in SDC land, it's replayed tomorrow morning at 4.30 am.
I would think the sensible thing to do if needing to fit breast pumps on a trip would be to pull over, remove the seatbelt, fit the pumps and then resume the journey. Or better still do it before leaving and take the milk with you.
 
From the picture the belt is definitely under the arm.
 
I would think the sensible thing to do if needing to fit breast pumps on a trip would be to pull over, remove the seatbelt, fit the pumps and then resume the journey. Or better still do it before leaving and take the milk with you.
Supply and demand....

An infant is too young to grasp the concept of "wait".
 

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