Many Australians may unknowingly be committing a crime that could lead to fines exceeding $1,200. This violation involves improperly wearing a seatbelt by tucking it under the arm while in a moving vehicle.

This seemingly minor infraction is illegal across all Australian states and territories and comes with significant financial penalties and demerit points. As the holiday season approaches, and with it the implementation of double demerit periods, the consequences for such infractions will become even more severe.

Both passengers and drivers are required to wear seatbelts correctly, and placing the strap under the arm is deemed an improper use of the safety device. This rule is enforced uniformly in every region of Australia to ensure safety on the roads.

And with double demerits on the horizon as the holiday season approaches, the penalties will be even more severe.

Can you be fined for wearing a seatbelt under your arm?

It is illegal to wear a seatbelt under your arm in all Australian states and territories, regardless of whether you’re the passenger or the driver.

This is because wearing a seatbelt under your arm is considered incorrect seatbelt use.

“Motorists are reminded the lap portion of a seatbelt should lie low, flat and firm over your hips and the sash should be across your chest and mid shoulder – never under the arm,” a Transport for NSW spokesperson told 9news.com.au.

“Too often we are seeing people wearing the seatbelt under their arm, which means an increased risk of death or injury in the event of a crash.”

Wearing a twisted or slack seatbelt is also considered incorrect seatbelt use and may attract penalties.

Fines vary by state and territory, with penalties for an individual not wearing a seatbelt correctly in one state exceeding $1200.

Who gets a fine if the passenger is not wearing a seatbelt?

Both drivers and passengers may be fined if the passenger is not wearing a seatbelt.

Drivers will face fines and demerit points if they’re caught with a passenger of any age not wearing a seatbelt correctly.

Only passengers aged 16 and above will face fines if they’re caught without a seatbelt.

In some states, including NSW and Tasmania, a passenger caught without an appropriately fastened seatbelt can only be fined by a police officer.

Only the driver will receive an infringement notice if the passenger is caught by a seatbelt detection camera.

How do seatbelt detection cameras work?

Seatbelt detection cameras operate alongside mobile phone detection cameras to photograph and identify drivers breaking the law.

Fixed and mobile seatbelt detection cameras snap images of all cars as they pass, including the registration and the front seat of the car.

The images are then reviewed by artificial intelligence (AI) software that automatically detects potential seatbelt offences.

Trained humans then verify that an offence has actually occurred before issuing an infringement notice.

Images that don’t show any potential seatbelt offences are deleted.

Seatbelt detection cameras are currently in use in NSW, Queensland, Victoria, the ACT, WA, and Tasmania.

Are there exemptions for not wearing a seatbelt?

Yes – but only in very rare circumstances.

Drivers with a full licence don’t need to wear a seatbelt when reversing.

Passengers don’t have to wear a seatbelt if they’re giving or receiving urgent and necessary medical treatment.

Drivers and passengers in garbage or delivery vehicles who have to exit regularly also don’t need to wear seatbelts, provided the vehicle is travelling under 25km/h.

Some Australians may also be issued a seatbelt exemption medical certificate by a doctor for a medical condition or disability.

These certificates are valid for limited time periods and must be carried whenever in a vehicle.

Can you dispute a seatbelt fine in Australia?

If you disagree with a fine, you can contact the relevant state or territory revenue office to request a review.

Eligibility criteria and review requirements vary by state and territory.

Seatbelt fines and penalties by state and territory

Drivers who are caught not wearing a seatbelt correctly, or whose passengers aren’t wearing a seatbelt correctly, may cop three demerit points and a $423 fine.

The penalty for driving with two unrestrained passengers is $855 and six demerit points.

It increases to $1361 and six demerits for three unrestrained passengers, or $1784 and six demerits for four unrestrained passengers.

Penalties for all seatbelt-related offences in Queensland are four demerit points and a $1251 fine.

This includes drivers and passengers caught wearing a seatbelt incorrectly, e.g. under the arm.

Drivers caught not wearing a seatbelt correctly by seatbelt detection cameras in Victoria face a $407 fine and three demerit points.

Drivers can face maximum penalties of up to 10 penalty units for seatbelt-related offences, which amounts to $2035.10 based on the current penalty unit value of $203.51.

Seatbelt detection cameras are now in operation in the ACT and maximum penalties of up to 20 penalty units apply to those caught breaking the law.

Based on the current penalty unit value of $160 for individuals, the maximum fine for seatbelt-related offences is $3200.

Drivers caught not wearing a seatbelt correctly or with a passenger who is not wearing a seatbelt correctly in SA face a $448 fine and three demerit points.

If more than one passenger is not wearing a seatbelt correctly, the penalty increases to $530 and five demerit points.

Penalties for not wearing a seatbelt correctly in WA start at $550 for passengers aged 16 or over who are caught unrestrained.

Unrestrained drivers can cop a $550 fine and four demerit points.

That fine for unrestrained drivers increases if any passengers are unrestrained:

Fines and four demerit points still apply to drivers who are caught with unrestrained passengers, even if the driver is wearing a seatbelt.

The fine for restrained drivers with unrestrained passengers are:

In the NT, drivers caught not wearing a seatbelt properly or failing to ensure a child is appropriately restrained face a $500 fine and three demerit points.

Passengers aged 16 or over can also cop a $500 for not wearing a seatbelt.

Drivers caught without appropriately fastened seatbelts face a $410 fine and three demerit points in Tasmania.

The penalty is the same for drivers caught with passengers over the age of 16 not wearing their seatbelts correctly.

The fine increases to $461.25 if the passenger is under 16.

If a passenger is caught not wearing a seatbelt properly by a police officer, they and the driver will be issued an infringement notice.

If they are caught by a mobile phone and seatbelt detection camera, only the driver will be penalised.