Navigating the intricacies of road rules can sometimes feel like a minefield, and for Australian drivers, the stakes are high, with hefty fines and demerit points on the line for breaches that can sometimes seem less than clear-cut. But one Aussie driver's surprising success story in dodging a $410 fine for a contentious seatbelt offence has many taking note – and it might just shock you.

The incident in question revolves around a common yet little-known road rule that has caught numerous motorists off guard. It stipulates that drivers can be penalised if their passenger reclines their seat too far back, creating too much space between their chest and the seatbelt. This is considered incorrect seatbelt usage, and the penalties are steep: in New South Wales, for example, the fine is $410, accompanied by three demerit points.


However, one driver found a novel way to challenge this rule after being slapped with the aforementioned fine and demerit points. The driver's passenger had made the common move of reclining their seat for comfort during a long drive, which led to the penalty. But rather than accepting the fine, the driver sought to have it overturned – and succeeded.


Hayder Shkara of Justice Family Lawyers brought attention to this rule and the driver's subsequent victory. Shkara, who was initially taken aback by the rule's existence, has been vocal about its implications, suggesting it may be a 'step too far.' He points out that allowing passengers to rest properly by reclining their seats can actually contribute to road safety by ensuring that drivers can switch out with a well-rested partner, thus reducing the risk of accidents caused by fatigue.


The driver in question applied for a review with the police, focusing on the argument that car manufacturers are permitted to sell vehicles with reclining seats in Australia. If the design was inherently unsafe, the driver argued, it should have been addressed at the importation stage. The driver also emphasized that they were practising safe driving protocols by ensuring one driver was rested. To the driver's relief, the police approved the review, waiving the fine and demerit points.

Shkara expressed his surprise at the outcome, noting that traffic offence reviews are notoriously difficult to win. However, he found the driver's points to be valid, emphasizing the importance of seatbelt safety but also recognizing the critical issue of driver fatigue.

For those who find themselves in a similar predicament, Shkara encourages applying for a review, as it doesn't incur legal fees and could potentially save a significant amount of money and points. He's been contacted by numerous individuals who have been caught out by this rule and share the sentiment that New South Wales may be becoming over-regulated.


The penalties for incorrect seatbelt usage vary across Australia, with Queensland imposing the highest fines of $1209 and 4 demerit points and Victoria setting fines at $395 and 3 demerit points. With the cost of living crisis, Shkara points out that a $410 fine can equate to two to three weeks of groceries for some families, making the impact of such fines particularly harsh.

This story serves as a reminder to all drivers to stay informed about road rules, no matter how obscure, and to know that there is recourse available if you believe a fine has been unjustly issued. It also highlights the delicate balance between safety regulations and practical considerations for drivers on long journeys.


Have you ever successfully challenged a traffic fine, or do you have thoughts on the seatbelt regulations? Share your experiences and opinions with us in the comments below – your insights could be invaluable to fellow drivers navigating the complexities of road rules.