Seatbelt safety is a paramount concern for road users in Queensland. Understanding the seatbelt laws and regulations is crucial for ensuring the safety of yourself and your passengers. In this comprehensive guide, we’ll address the frequently asked questions regarding seatbelt laws in Queensland, providing insight into the legal requirements and obligations

What are the Seatbelt Laws in Queensland?

According to Queensland’s seatbelt laws, all drivers and passengers in a vehicle must wear a seatbelt or child restraint at all times when the vehicle is in motion, including when stationary at traffic lights but excluding when parked. It is the responsibility of the driver to ensure that every passenger is correctly restrained for the duration of the trip. That means that you, as a driver, may be penalised if you have a passenger in your vehicle who is not wearing a seatbelt correctly.

Who Must Wear Seatbelts?

• Everyone aged 7 years or older must wear a correctly fitted seatbelt.
• Children up to 7 years old must be in a properly fastened and adjusted Australian Standard-approved child restraint.

What Constitutes Correct Seatbelt Use?

Seatbelts must be worn with the belt over the shoulder, running across the chest, and buckled low on the hip. Any other way of wearing a seatbelt can result in a fine. Even when reclining the seat, it’s important to ensure the seatbelt remains across the shoulder and chest to avoid fines for improper fastening or adjustment.

Exemptions from Seatbelt Laws

Exemptions from seatbelt rules are limited and include:

• Reversing the vehicle.
• Having a valid seatbelt exemption certificate due to a medical condition or disability, signed by a registered Australian doctor.
• Travelling in a vehicle originally manufactured without seatbelts, but only if you are 7 years or older.
• Engaging in frequent door-to-door pick-up or delivery of goods at speeds no more than 25km/h.

Seatbelt Exemption Certificates

If you have a seatbelt exemption certificate, you must carry it in the vehicle and present it to a police officer if requested. The certificate should be registered with the Department of Transport and Main Roads for record-keeping purposes. It must have a start and expiry date, not exceeding 12 months from the issue date, and be signed or stamped by a registered Australian doctor.

Penalties for Seatbelt Offences

Understanding the penalties for seatbelt offences is crucial for drivers and passengers alike. Here’s a breakdown of the penalties associated with various seatbelt-related offences under Queensland Road Rules:

• Section 264A(1) – Driver failing to ensure a passenger at least 16 years wears a seat belt properly adjusted and fastened
  Points: 4
  Fine: $1,161

• Section 264A(1) – Driver failing to ensure a passenger at least 16 years occupies seating position fitted with seatbelt:
  Points: 4
  Fine: $1,161

• Section 264A(1) – Driver allowing passenger at least 16 years to occupy same seating position as another passenger.
  Points: 4
  Fine: $1,161

• Section 264(1) – Driver failing to wear a seat belt properly adjusted and fastened when driving a vehicle fitted with a seat belt for the driver:
  Points: 4
  Fine: $1,161

• Section 265(1) – Passenger at least 16 years failing to wear a seat belt properly adjusted and fastened in a vehicle fitted with a seat belt for the passenger:
  Points: 4
  Fine: $1,161

• Section 264A(1) – Driver failing to ensure a passenger under 16 years wears a seat belt or restraint properly adjusted and fastened:
  Points: 4
  Fine: $1,161

Need Assistance Navigating Seatbelt Laws in Qld?

Understanding and adhering to Queensland’s seatbelt laws are crucial steps in ensuring the safety of yourself and your passengers on the road. By following these laws, you significantly reduce the risk of serious injury or loss of life in the event of a crash. If you have any questions or require legal assistance regarding seatbelt laws in Queensland, don’t hesitate to contact Guest Lawyers for expert advice and representation. We can also assist you with a number of other traffic matters including unlicensed driving, drug driving, and applying for work or special licences.