Rizna Mutmainah
Legal

Driver reveals "surprising" way he got out of $410 seatbelt fine

An Aussie driver who copped a $410 fine and three demerit points after their passenger made a common seatbelt move has revealed how they argued his way out of the ticket. 

Numerous motorists have been fined in recent weeks over the little-known road rule, where the driver could be penalised if a passenger reclines their seat too far back. 

Aussie lawyer Hayder Shkara argued that the rule is  "step too far" as well-rested passengers can help curb the growing rate of fatalities by taking over from fatigued drivers on long car trips.

Shkara shared the story of how one of his followers had successfully overturned the seatbelt fine and demerit points on social media. 

"He applied for a review with the police, and he actually got approved," Shkara said.

"In his review he focused on the fact that car manufacturers were allowed to import these vehicles with the ability to recline in the first place, and that if there was an actual issue with the vehicle in terms of its design, it should have been stopped at the importation basis.

"[He] said to the police that they were practicing safe driving protocols by changing drivers and making sure that one driver was rested and at police actually withdrew the fine. He didn't have to pay anything, and he didn't get any demerit points."

Shkara told Yahoo that "normally applications for review in traffic offences are extremely difficult to be successful in and there is a low margin of success." 

"What is the purpose of seat belts? It is for driver and passenger safety. But we all know that fatigue is a big problem for drivers, so if drivers are switching in and out, I believe that the safer thing to do is for one driver to have proper rest so they can continue to drive safely."

He said he would also encourage others who receive a fine for the same offence to try and appeal their case, as the "review doesn't require you to pay any legal fees and it is worth a shot."

Image: NSW Centre for Road Safety/ TikTok

Tags:
Legal, Road Rules, NSW, Fines