Woman’s win after ‘unfair’ $413 seatbelt mistake
A mum has won an 18-month battle against an “unfair” $413 fine after failing to stop her teenage daughter from breaking one rule.
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A “stubborn” Queensland mother has won an 18-month legal fight over an “unfair” $413 fine.
Gold Coast mum Louise Hess was slapped with the penalty, which also included three demerit points, for failing to ensure her teenage daughter was wearing her seatbelt correctly.
Ms Hess’ 14-year-old was snapped in the front passenger seat with the seatbelt running under her left arm instead of across her torso as intended.
Refusing to go down without a fight, the mum insisted it was unreasonable for her to be expected to monitor the position of her daughter’s seatbelt 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,” she told 7 News.
“It’s not something you think you need to look at.”
Ms Hess maintained that she was willing to pay fines for breaking the law but in this situation the penalty was “unfair”.
“I’m a bit stubborn and I wasn’t going to let them win on this one,” she said.
Ms Hess was due to face the Queensland Department for Transport and Main Roads in Southport Magistrates Court on Wednesday for “driving with (an) unrestrained front seat passenger”.
At the last minute, however, the department dropped its case.
Despite Ms Hess’ victory, lawyers generally advise against contesting traffic fines in court due to the high costs that can be incurred.
They also maintain that drivers generally have a strict liability to ensure passengers are wearing seatbelts correctly, especially when children are involved.
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Originally published as Woman’s win after ‘unfair’ $413 seatbelt mistake
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