Queensland mum slapped with ‘unfair’ $413 fine over 14yo daughter’s seatbelt

“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,” Louise says. 

A Queensland mum has come out of court with a win after fighting an “unfair” fine over her daughter’s seatbelt. 

Louise was driving in the car on the Gold Coast with her 14-year-old daughter when she was slapped with a hefty fine. 

Her daughter had been wearing her seatbelt under her left arm, not across the shoulders and chest as she should have been.  

Want to join the family? Sign up to our Kidspot newsletter for more stories like this. 

RELATED: Gold Coast mum fined $5,390 for little-known seatbelt rule

The Gold Coast mum was slapped with a hefty fine over her daughter's misplaced seatbelt. Source: 7News

Gold Coast mum issued a $413 fine over daughter’s incorrect seatbelt position

Louise was slapped with a $413 fine for “driving with unrestrained front seat passenger” and had three demerit points removed. 

But she argued the penalty wasn’t fair, as she couldn’t be expected to monitor her teenager’s seating position and seatbelt location as she paid attention to the road in front of her. 

“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 7News. 

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

What’s more, the mum claimed her daughter suffered from a medical condition, making it difficult to wear the seatbelt in its proper position. 

Louise conceded her daughter’s seatbelt was in the wrong position, but she believes the fine was less about safety and more “revenue raising.” 

“I started fighting it as soon as I got the fine,” she said. “I’m expected to turn my head and check the position of that shoulder strap — I thought that’s unfair.” 

RELATED: 'I got a $400 fine for pumping milk... as a passenger’

Louise was ready to fight the "unfair" fine. Source: 7News

“I didn’t think I would be expected to constantly check the position of the strap” 

The self-confessed “stubborn” mum told 7News she “wasn’t going to let them win this one”, so she planned to take the case to court.  

“I’ll pay a fine if I get caught speeding or my dog’s off a lead,” she said. “Yeah, that’s fair. But this isn’t fair.” 

It was a lucky break for Louise, as she prepared to face the Southport Magistrates Court on Wednesday, but the case was dropped mere hours before it was scheduled to begin, giving the mum a resounding win. 

Despite this outcome, Queensland criminal defence lawyer Bill POtts said this shouldn’t be taken lightly, especially for those with kids. 

“People ought to obey this law,” he said. “'Parents, particularly, have an obligation at all times to ensure that their children, that their passengers are correctly wearing their seatbelts.”

However, if someone has received a fine and believes they’ve been “wrongly charged”, he encouraged them to write to the transport department to fight it. 

“If the department intends to proceed, go to court and contest it,” he said.

“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.”

Originally published as Queensland mum slapped with ‘unfair’ $413 fine over 14yo daughter’s seatbelt