Louise Hess felt frustrated when she received a $413 fine and three demerit points for her daughter wearing her seatbelt incorrectly in her car 18 months ago.

The long-time Gold Coast resident found the penalty unfair and claimed it was impossible to constantly monitor the 14-year-old's seatbelt position while driving.

'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,' Hess said.

'It’s not something you think you need to look at.'

Louise Hess was fined $413 for 'driving with unrestrained front seat passenger'. Image source: master1305 on Freepik.

According to the infringement notice from the Queensland Department for Transport and Main Roads, the fine was issued for 'driving with unrestrained front seat passenger' as the seatbelt strap was placed under her daughter’s arm instead of over her shoulder as required, while she sat in the front passenger seat.

Hess admitted the seatbelt was placed in the wrong position but called the fine as 'revenue raising'.

'I started fighting it as soon as I got the fine,' the mum said.

'I’m expected to turn my head and check the position of that shoulder strap—I thought that’s unfair.'

Hess admitted the seatbelt was placed in the wrong position but argued that it was 'unfair'. Image source: 7News / Louise Hess.

'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 mum’s case was due to be heard in Southport Magistrates Court. However, the transport department dropped the case on the morning of the hearing.

Veteran criminal lawyer Bill Potts said that this case does not mean people should be free to go against Queensland’s seatbelt laws.

'People ought to obey this law,' he stressed.

Potts explained that the law is based on a legal concept of 'strict liability' whereby drivers and vehicle operators are obligated at all times to 'ensure their children, their passengers, are correctly wearing their seatbelts'.

However, people who believe they have been 'wrongly charged' are free to write to the transport department to contest a penalty.

'If the department intends to proceed, go to court and contest it,' Potts advised.

'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.'

Moreover, Potts, former Queensland Law Society President, said that going to court can encourage prosecutors to see and decide if the case is worth pursuing.

'Often it may well be for the police or for the department, to prosecute these things involves significant expense,' he said.

'The difficulty is…the purpose of the law [is] 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 added that contesting traffic fines can be time-consuming and expensive.

Key Takeaways

• Louise Hess received a $413 fine and three demerit points for her daughter wearing her seatbelt incorrectly 18 months ago.
• The mum found the penalty unfair and claimed it was impossible to constantly monitor the 14-year-old's seatbelt position while driving.
• Hess admitted the seatbelt was placed in the wrong position but said it was 'unfair' and called the fine 'revenue raising'.
• The mum contested the fine and was set to be heard in Southport Magistrates Court until the transport department dropped the case on the morning of the hearing.

Members, have you ever received a similar fine? Did you contest it? Let us know in the comments below!

 

[Winston Bryant]

Difficult to understand why anyone would wear a belt like that. It would be far more uncomfortable under the arm than across the chest and shoulder.

 

[Simplelife]

Louise Hess felt frustrated when she received a $413 fine and three demerit points for her daughter wearing her seatbelt incorrectly in her car 18 months ago.

The long-time Gold Coast resident found the penalty unfair and claimed it was impossible to constantly monitor the 14-year-old's seatbelt position while driving.

'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,' Hess said.

'It’s not something you think you need to look at.'

View attachment 32732

Louise Hess was fined $413 for 'driving with unrestrained front seat passenger'. Image source: master1305 on Freepik.

According to the infringement notice from the Queensland Department for Transport and Main Roads, the fine was issued for 'driving with unrestrained front seat passenger' as the seatbelt strap was placed under her daughter’s arm instead of over her shoulder as required, while she sat in the front passenger seat.

Hess admitted the seatbelt was placed in the wrong position but called the fine as 'revenue raising'.

'I started fighting it as soon as I got the fine,' the mum said.

'I’m expected to turn my head and check the position of that shoulder strap—I thought that’s unfair.'

View attachment 32734

Hess admitted the seatbelt was placed in the wrong position but argued that it was 'unfair'. Image source: 7News / Louise Hess.

'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 mum’s case was due to be heard in Southport Magistrates Court. However, the transport department dropped the case on the morning of the hearing.

Veteran criminal lawyer Bill Potts said that this case does not mean people should be free to go against Queensland’s seatbelt laws.

'People ought to obey this law,' he stressed.

Potts explained that the law is based on a legal concept of 'strict liability' whereby drivers and vehicle operators are obligated at all times to 'ensure their children, their passengers, are correctly wearing their seatbelts'.

However, people who believe they have been 'wrongly charged' are free to write to the transport department to contest a penalty.

'If the department intends to proceed, go to court and contest it,' Potts advised.

'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.'

Moreover, Potts, former Queensland Law Society President, said that going to court can encourage prosecutors to see and decide if the case is worth pursuing.

'Often it may well be for the police or for the department, to prosecute these things involves significant expense,' he said.

'The difficulty is…the purpose of the law [is] 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 added that contesting traffic fines can be time-consuming and expensive.

Key Takeaways

• Louise Hess received a $413 fine and three demerit points for her daughter wearing her seatbelt incorrectly 18 months ago.
• The mum found the penalty unfair and claimed it was impossible to constantly monitor the 14-year-old's seatbelt position while driving.
• Hess admitted the seatbelt was placed in the wrong position but said it was 'unfair' and called the fine 'revenue raising'.
• The mum contested the fine and was set to be heard in Southport Magistrates Court until the transport department dropped the case on the morning of the hearing.

Members, have you ever received a similar fine? Did you contest it? Let us know in the comments below!

Quite a few years ago early one Saturday morning on his way to our factory my husband was pulled up for “not wearing his seatbelt”. If it is one thing my husband is adamant about it’s wearing seatbelts. For years he drove speedway cars and understands the necessity. Anyway he said to the officer “I have my seatbelt on”
And the cops reply was “ well you’ve just put it on as I walked to your vehicle”. I was working for a solicitor at the time and he looked at the case and he said you would have a good case with the light that time of the morning and the angle the police car saw you etc but honestly he said it will cost you more than the fine. I can tell you I choked on paying that fine of $380. I still have my doubts that the officer was “mistaken”. It was a quiet morning and quite early - no other cars around. Must have been a slow revenue morning if you ask me

 

[Heather Watson]

Louise Hess felt frustrated when she received a $413 fine and three demerit points for her daughter wearing her seatbelt incorrectly in her car 18 months ago.

The long-time Gold Coast resident found the penalty unfair and claimed it was impossible to constantly monitor the 14-year-old's seatbelt position while driving.

'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,' Hess said.

'It’s not something you think you need to look at.'

View attachment 32732

Louise Hess was fined $413 for 'driving with unrestrained front seat passenger'. Image source: master1305 on Freepik.

According to the infringement notice from the Queensland Department for Transport and Main Roads, the fine was issued for 'driving with unrestrained front seat passenger' as the seatbelt strap was placed under her daughter’s arm instead of over her shoulder as required, while she sat in the front passenger seat.

Hess admitted the seatbelt was placed in the wrong position but called the fine as 'revenue raising'.

'I started fighting it as soon as I got the fine,' the mum said.

'I’m expected to turn my head and check the position of that shoulder strap—I thought that’s unfair.'

View attachment 32734

Hess admitted the seatbelt was placed in the wrong position but argued that it was 'unfair'. Image source: 7News / Louise Hess.

'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 mum’s case was due to be heard in Southport Magistrates Court. However, the transport department dropped the case on the morning of the hearing.

Veteran criminal lawyer Bill Potts said that this case does not mean people should be free to go against Queensland’s seatbelt laws.

'People ought to obey this law,' he stressed.

Potts explained that the law is based on a legal concept of 'strict liability' whereby drivers and vehicle operators are obligated at all times to 'ensure their children, their passengers, are correctly wearing their seatbelts'.

However, people who believe they have been 'wrongly charged' are free to write to the transport department to contest a penalty.

'If the department intends to proceed, go to court and contest it,' Potts advised.

'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.'

Moreover, Potts, former Queensland Law Society President, said that going to court can encourage prosecutors to see and decide if the case is worth pursuing.

'Often it may well be for the police or for the department, to prosecute these things involves significant expense,' he said.

'The difficulty is…the purpose of the law [is] 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 added that contesting traffic fines can be time-consuming and expensive.

Key Takeaways

• Louise Hess received a $413 fine and three demerit points for her daughter wearing her seatbelt incorrectly 18 months ago.
• The mum found the penalty unfair and claimed it was impossible to constantly monitor the 14-year-old's seatbelt position while driving.
• Hess admitted the seatbelt was placed in the wrong position but said it was 'unfair' and called the fine 'revenue raising'.
• The mum contested the fine and was set to be heard in Southport Magistrates Court until the transport department dropped the case on the morning of the hearing.

Members, have you ever received a similar fine? Did you contest it? Let us know in the comments below!

Eyes on the road and no phones where are you ment to be looking in your daughter's lap?? While she is on the phone. This should not have got this far

 

[Staffordshire Whippet]

From the photo, the case is substantiated. Reading between the lines I'd suggest that the Department did not proceed in Court due to unavailability of an issuing Officer to attend Court on the day. The defendant should thank her lucky stars.

 

[Veggiepatch]

Reminds me of a huge billboard a few kilometres outside of Bundaberg on the Isis Highway.

"DISTRACTED DRIVERS CAUSE ACCIDENTS"

The stupid thing was it was about 70 metres off the road! A major distraction in itself.

 

[Gsr]

If the daughter had put her seatbelt on properly at the start and then altered it the mother should have noticed her fiddling with it, even while driving. If daughter put it on under the arm to start with the mother should have noticed that also and asked her to put it on properly. Either way the mother should, would have known it wasn’t on properly.

 

[magpie1]

your daughter was not wearing her seatbelt correctly......you could have saved yourself a lot of heartache by making her pay your fine in the first place.....you are damned lucky that they dropped the case.

 

[novezar]

I have absolutely no sympathy for all the "DILLS" who don't abide by the road rules and get caught out. The old saying : "If you cant afford the fine, don't do the crime". Just wake up to yourself and do what all good drivers do and obey the rules. Very "Simple Simon Stuff".

 

[Clancieblue]

Can't believe it is the first time.

 

[Catherines]

More cameras on our roads, I say - so many speeding, getting out of a lane into another lane (because conscientious drivers are doing the regulated speed and it doesn’t suit the speeder) and they want (actually HOPE) to get there quicker. One false move and they may not live to see another day. PUT MORE CAMERAS ON OUR ROADS is my suggestion.

I fully agree with ‘novezar’ about the DILLS on our roads. My life is precious to me and my family so breaking road rules by those that don’t obey, should be penalised.

 

[Knell]

Daughter looks old enough to know better and take responsibility...and pay the fine.

 

[Lladnyl]

She's lucky that not to have been fined for being distracted by the daughter's cell phone. To me it definitely looks as though she is at least glancing at it, her face is not directly facing the front.

 

[Marj53]

The daughter is old enough to know better. She should have been made to pay the fine. Bet she wouldn't have done it again.

 

[Tipsy]

Quite a few years ago early one Saturday morning on his way to our factory my husband was pulled up for “not wearing his seatbelt”. If it is one thing my husband is adamant about it’s wearing seatbelts. For years he drove speedway cars and understands the necessity. Anyway he said to the officer “I have my seatbelt on”
And the cops reply was “ well you’ve just put it on as I walked to your vehicle”. I was working for a solicitor at the time and he looked at the case and he said you would have a good case with the light that time of the morning and the angle the police car saw you etc but honestly he said it will cost you more than the fine. I can tell you I choked on paying that fine of $380. I still have my doubts that the officer was “mistaken”. It was a quiet morning and quite early - no other cars around. Must have been a slow revenue morning if you ask me

Correct... if it was toward the end of the month and HIS/HER total ticket value is below the require total then then he/her would have been ordered to do something about it... A police officers word is always ahead in court..... And yes there is a monthly Quota (they do not use that word and of they will deny this as we all know they love to tell lies)

 

[Veggiepatch]

Correct... if it was toward the end of the month and HIS/HER total ticket value is below the require total then then he/her would have been ordered to do something about it... A police officers word is always ahead in court..... And yes there is a monthly Quota (they do not use that word and of they will deny this as we all know they love to tell lies)

And it's called a Key Performance Indicator.....