‘Like a criminal’: Aussie dad’s warning after copping $410 for his daughter’s seatbelt act

An Aussie dad has issued a warning to other drivers after his daughter was caught making an increasingly common mistake.

A New South Wales dad has issued a warning to other parents after he was “shocked” to discover his daughter’s seatbelt mishap had landed him with a hefty fine.

Chris, who goes by the online moniker ‘Divorced Aussie Dad’, was driving with his nine-year-old daughter in Wickham, Newcastle, 170km north of Sydney, on October 26, when his car was caught by one of NSW’s seatbelt detection cameras, which began operating last July.

Two months later, following an address mix-up, he received a letter in the mail notifying him of a $410 fine and loss of three demerit points.

“(I was in) shock and in disbelief, as if there had been some kind of mistake,” the 40-year-old told news.com.au.

But after reviewing the images online, Chris realised his daughter, who was riding in the front passenger seat, had been photographed reaching over to change songs on his phone, which was fitted in a holder.

As she leant over to the middle of the car, Chris said her seatbelt inadvertently slipped from her shoulder.

“I looked at the photos, and fair enough, there she is leaning over,” the father said in a TikTok video, warning other drivers.

“It’s come off, and there’s nothing I could have done. I’ve told her safety. She knows the rules. She’s just accidentally lent over, and it’s got me the fine.”

Chris said he was too busy focusing on the road as the driver to notice the mistake.

“If I happen to notice her seatbelt slipping, I correct her. Unfortunately in this instance, it has accidentally fallen from her shoulder, she did not realise and I did not catch it,” he told news.com.au.

“I cannot be constantly checking my daughter’s seatbelt to determine if it is high enough on her shoulder, as this would distract me from driving.”

Chris is warning other drivers after he received a $410 fine. Picture: TikTok@divorcedaussiedad

He said he was in “disbelief” when he received the fine. Picture: TikTok@divorcedaussiedad

Chris attempted to contest the fine but his request was denied, with a Service NSW employee telling him that “everyone was in the same boat” when it came to the penalty.

While Chris accepts he’s at fault as the parent and agreed to pay the fine in increments, he said he was “disappointed” there was no leniency for a first offence.

“Fining people for a first offence is simply a revenue generating exercise, not a genuine attempt to positively change behaviour,” he said.

The NSW father is now calling for the state to consider a lighter punishment for first-time seatbelt offences caught on camera.

“In my opinion, a first offence like this (where no incident occurred – like an injury) should be a warning shot designed to change behaviour from that point on,” he said.

“The NSW Government should still contact the driver and send them photos, threatening a future fine, but they should not be issuing fines right off the bat – especially fines this high. If they are going to issue a fine for a first offence, it should be a very small fine and no loss of demerit points if the fine was related to a passenger in the vehicle.”

He said his daughter was reaching over to change songs on his phone. Picture: TikTok@divorcedaussiedad

Her seatbelt accidentally slipped off her shoulder. Picture: TikTok@divorcedaussiedad

He is now warning other parents to be extra vigilant when driving and remind their children of the rules.

“The old saying ‘are you buckled in?’ is not enough anymore,” he said. “Parents need to show their kids exactly how the seatbelt is meant to be fitted and teach them that, now, letting it fall off your shoulder is a crime these days. That’s how these fines make you feel – like a criminal.”

Many online were equally as shocked by the “harsh” penalty.

“OMG 400,” one person wrote.

“That’s crazy,” said another.

“It’s such a joke,” another commented.

“So sorry this happened, same happened to my brother with their daughter in Qld but fine was way more and they couldn’t fight the charge,” said another.

Some questioned why Chris’ nine-year-old daughter was travelling in the front seat.

However, according to the NSW government, children aged between four and seven “must not sit in the front seat of a vehicle that has two or more rows of seats unless the available seats in the back row are occupied by other children aged under seven years.”

It also notes children “must use an approved child car seat suitable for their age and size,” noting 145cm or taller is the suggested minimum height to use an adult lap‑sash seatbelt.

Thousands caught out by seatbelt detection cameras

Mobile phone detection cameras have bee used to pick up seatbelt offences in NSW since July 1, catching out thousands of drivers.

Within the first 21 days of the camera enforcement, over 11,400 fines were issued across the state – three-quarters of which were for incorrect use of a seatbelt.

The state government said more seatbelt offences were detected by cameras within hose first three weeks than the total number of seatbelt fines issued by NSW Police in 2023.

It estimated over 100,000 fines will be issued by seatbelt cameras by July this year, in the first 12 months.

“I’m surprised the numbers are so high,” Minister for Roads John Graham said in a statement in July.

“We knew there was a problem with seatbelt compliance among a small section of motorists and passengers, but the reality is it is worse than expected and we need this to serve as a wake up call.”

Government data found 36 motorists or passengers, or 15 per cent of people who died on NSW roads in 2023, did not wear a seatbelt.

The numbers were greater for people living in regional Australia, with 85 per cent of deaths and 76 per cent of serious injuries occurring in situations where someone wasn’t wearing the safety device.

Seatbelt offences captured by camera. In just three weeks, seatbelt cameras have picked up more offences than the total number of fines handed out for seatbelts in 2023 (10,089). Picture: Supplied by NSW Government

‘Not fair’: Different fines for different states

In NSW, incorrect use of a seatbelt attracts a $410 fine and three demerit points.

The penalty is not too far off Victoria, where drivers are hit with a $395 fine and three demerit points for not wearing a seatbelt correctly.

However, in Queensland, drivers can expect to fork out three times more over the offence.

On July 1, the penalty for not wearing a seatbelt increased to $1209 and four demerit points for drivers and passengers aged 16 years or older.

Shocked by the variance across states, Chris is calling for “uniformity across Australia for what is a basic offence”.

“It’s not fair that people get charged three times as much for being in the wrong state,” he said.

“For simple low level offences like this, there should be a federal mandate so the public isn’t taken advantage of – anything else is just a money grab.”

Originally published as ‘Like a criminal’: Aussie dad’s warning after copping $410 for his daughter’s seatbelt act