No Seat Belt Fine for International Visitors

today on the 27th Jan (Double Demerit) received a fine for having 3 passengers without a seat belt on. which is $1106 and 12 demerit points.

in addition, the 3 passengers that didn't have the seatbelt on was international visitors and they also received a $280 fine each. total of $840 between the 3. so eventually I have to pay a fine of $1946 and 12 demerit points?

is this the right thing? why do the passengers have to pay the fine? I thought all the responsibility was all on the driver?

please let me know if this is right? I will appeal this infringement

Comments

  • …which is $1106 and 12 demerit points.

    Geez, you just got royally screwed!

    • yep… up both holes..

      • international visitors and they also received a $280 fine each.

        The fines are in their name, right? Are they going to be coming back to Australia any time soon? If not, good luck to the state agency responsible for chasing them!

        • yeh it is in their name but I don't know why they also have to receive fines when i was the driver.

          • +90 votes

            @ajjkh225: Because they are adults and adults are required to wear seatbelts by law. As much as drivers are required to ensure their passengers are wearing seatbelts.

            The severity of breaking this law simply shows the importance of wearing seatbelts.

            • @jjjaar: https://www.rms.nsw.gov.au/cgi-bin/index.cgi?fuseaction=deme...

              if you look here, I am already paying a fine for 3 passengers not wearing seat belt. and also each individual also receiving a fine is nonsense

              • @ajjkh225: Both driver AND passengers (over 16) receive fines for not wearing seatbelts.

              • +12 votes

                @ajjkh225:

                There are seatbelt penalties and demerit points for drivers, including taxi drivers, who do not wear a seatbelt or who fail to ensure their passengers use seatbelts, where available. Passengers aged 16 years and older who do not use an available seatbelt will also be fined.

                https://roadsafety.transport.nsw.gov.au/stayingsafe/vehicles...

              • @ajjkh225: They were fined for being stupid enough to not wear a seatbelt.

                You were fined for not enforcing them wearing a seatbelt.

                All the latest safety features, airbags,etc are designed to work in conjunction with a seatbelt. Without a seatbelt absorbing most of the inertia, the airbags will deflate instantly.

                On top of that, in the case of an accident, you're not safe either as one of them could fly around the car and hit you, causing harm that may not have befallen you had everyone been wearing a seatbelt.

                And from the government's point of view, it's cheaper to fine people a lot of money in the hopes that the message gets through compared to having to pay for medical treatment for all parties in the case of an accident.

              • @ajjkh225: This has been a thing for a really long time. The driver is responsible for the vehicle, all passengers and external objects, including people. Passengers are also responsible for their own safety.

                It's a expensive lesson to be sure, but a lot better than the outcome the law is intended to prevent.

              • @ajjkh225: At age 17 i was riding with my mate on motorbike down the road and he didnt have a helmet. I lost my licence for carrying a passenger for on my L's and a passenger without helmet. And he also got fined for being a passenger without helmet(he was 16 yrs old).

                Both got fined. Even though i lost my license and got 400+ fine ( cant remember how much my friend copped) now looking back at it. It was a good lesson.

            • @jjjaar: Totally agree.

              I respect the laws of the countries I go to when Im travelling.

              Likewise international visitors should follow Australian law when in Australia and that includes wearing a seatbelt when you are a passenger in a vehicle.

          • @ajjkh225: The driver has a responsibilty to ensure the passengers have their belts fastened. The passengers had the responsibility to fasten their belts.

            They were fined for not fastening their belts.

            You were fined for not ensuring their belts were fastened and/ or driving when they weren't.

          • +13 votes

            @ajjkh225:

            i was the driver

            Just curious… Why didn't you tell your passengers to put on their seat belts?

        • When applying for a visitors visa one must declare whether or not one owes to any government body - the federal government does not let miss a trick.

  • international visitors and they also received a $280 fine each.

    Is the fines in their name?

      • Tell them not to worry. These fines won't be enforceable once they leave the country.

        • yeh but they will be coming back in the future..

            • +24 votes

              @Mechz: Australia has some of the strictest Visa requirements. They're itching for any excuse to deny an application.

              For example when applying for citizenship, you actually have to disclose traffic offences.

              • @Ryanek: Idk about applying for citizenship but my friends haven’t had trouble coming back to Australia as a temporary visitor (most recently two weeks ago) even though they ignored the NSW fines in the past (the latest one was issued 18 months ago)

            • @Mechz: For what’s its worth my dad didn’t pay a speeding fine in Canada on holiday, and 12 years later got flagged at customs on rearrival and given a choice to pay or be deported

          • @ajjkh225: On future trips, bet you'll make sure that their seat belts are appropriately fitted.

        • Pretty sure it will catch up to them in the future if they're coming back. They might not be able to enter the country without paying. I wouldn't expect Australia to allow visitors to get away with not paying fines. Just can't.

        • Now that NSW hand off old debts to private collection agecies. If they can match them, i wouldn't be so sure about VISA issues in the future. Things change.

          I used to get paniced students at the airport wanting to pay fines as they thought they would be unable to board the plane.

  • Your first sentence contains a double negative, you need to remove the word “not”

    How old are the passengers, I thought if over 16 or so it’s the passengers responsibility.

    Didn’t think both the driver and passenger would get fined.

    You don’t have to pay their fines, that’s their prob

    • i thought i would be the only one paying the fine..
      the passangers are 17, 57, 60 my in laws and brother.. so i will have to pay their fines as well.

      • so i will have to pay their fines as well.

        No. The fines were issued in their name.

      • Wtf for they are adults.
        So if my mother in law sneakily undoes her seat belt in the back seat I have to pay, f*** that

        You don’t pay their fine, they are adults and unless they come from a very backwards place, they know seatbelts are to be worn

        • yeh but they are my guest from overseas and they didnt know the law and plus i didnt remind them as well. so its my fault as well.

          • @ajjkh225: No it’s not, they are adults, they must learn the laws for themselves, Where are they from that doesn’t need seatbelts.

            So If my Canadian cousin came here and blazed up its my fault for not telling him weed isn’t legal.

            • @Donaldhump: Have you not been to Asia?

              • @Ryanek: Several times why is that?

                Are you saying an Asian coming here from a loose country needs to be made aware of what seat belts are, they are adults ffs… ignorance is no defence no matter where you are from.

            • @Donaldhump: The US have some interesting laws depending on the state.
              https://en.wikipedia.org/wiki/Seat_belt_laws_in_the_United_S...

              • @whooah1979: That's not entirely accurate. A friend got pulled over and fined in Wyoming, solely for not wearing a seat belt. This was 10+ years ago and I think they only got a $20 US fine. In Wyoming, drivers often would not wear seat belts.

            • @Donaldhump: While I understand your logic, I assume OP is Asian, and there is an understanding to look after your overseas guests. Seat belts aren't particularly enforced over there and OP mentioned he forgot to remind them. I, too, would be inclined to pay for the fine if I was in his shoes especially since it's family.

              • @Hunter14: mate they are adults, they make their own choices. they may live in a loose country but they must have the common sense to realzie that, just like a bolivian wouldnt rack cocaine up in a bar here

                but i hover on the fence with this one, if the OP wasnt wearing his belt he probly gave them the wrong impression

                • @Donaldhump: Yeah mate, like others have said it's a cultural thing. If I had warn them before hand and they still didn't wear the seat belts then I may be less inclined to pay for them.

                  I do sympathise for OP getting a double whammy on fines though. However, rules are rules.

            • @Donaldhump: Id say its more like bringing your Canadian Cousin over, handing him a bong and then after they get caught being like 'oh yeah we don't use that here'. I assume they have cars where they are from but the laws aren't treated the same. Yo're right he doesn't have a LEGAL responsibility, but feels a moral responsibility.

              There is a social contract between family members when operating as a host. It doesn't have to be correct for everyone ifs its correct for them. To be honest I only know what is illegal and legal (for the large part) from what family, friends and my education has taught me. The only laws/regs I've looked up is when the need to carry your licence while driving in NSW has changed a couple times, and employment/tax law.

          • @ajjkh225: You should know the law and they should know the laws of the country they are visiting. The first thing you should look up about any country are the differences in laws.

            An example would be bringing in your ADHD medications to Japan can get you detained and arrested.

            Heck, in some parts of the world it is legal to marry a child under 18, doesn't mean it's not treated as pedophilia over here.

        • Probably more of a culture thing…

          • @Ughhh: I dont buy the culture thing, when i get in the car i tell my guests to put on their seatbelts and they all do without flinching. While it may not be habitual where they are from, they do know what they are for.

            Nonetheless, insane fines, I didnt know passengers also got fined, ouch, I think i'll be buckling people up myself from now on

      • I think the decision around wether you will be paying their fines or not is a personal one. If you feel responsible, or if you wanna help, that's up to you and not something people on Ozbargain should decide. It's clear that their fines are not your responsibility legally speaking.
        I think it's also clear why you are being charged as the driver, and why each passenger is being charged as well. Hopefully you will remember that next time… Very expensive lesson…