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Infringement Advice

Received a Seatbelt Camera Fine?

Automated enforcement and camera images do not always tell the full story. We are aware of cases where innocent motorists have been issued infringement notices based on incorrect or misleading images. Our infringement advice service can assess your matter and advise you on your options.

You may have a defence if:

  • The seatbelt was actually worn but not visible in the photo
  • The camera image is unclear or obstructed
  • Clothing covered the seatbelt
  • The detection system misidentified the image
  • The seatbelt was not worn correctly but there is an explanation for not wearing it which gives rise to a potential defence

To assist you in identifying whether you may have grounds to obtain a successful review of the infringement notice (appeal to DoT) or defend the infringement notice in court, we are offering a seatbelt infringement advice service.

How it works
  1.  Fill in our online questionnaire here
  2. Choose Basic Review or Lawyer Consultation
  3. Pay the fixed fee
  4. One of our lawyers will provide you with advice on the infringement notice.

Typical response time is within 3 business days of receiving confirmation of payment.

Our lawyers have advised on hundreds of traffic infringement matters across Western Australia. We offer a fixed fee for your choice of infringement advice:

Basic Review – $150+GST (only available for a single infringement notice)

  • One of our lawyers reviews the infringement notice, the associated images held by DOT, and your submitted answers.
  • We provide you with brief written advice as to whether you may have grounds to have DOT review the infringement notice or defend it in Court. 

Lawyer Consultation – $300+GST

  • One of our lawyers reviews up to three* infringement notices, the associated images held by DOT, and your submitted answers.
  • We will contact you to schedule a 30-minute consultation with one of our lawyers who will advise whether you may have grounds to have DOT review the infringement notice or defend it in Court.

* the infringement notice must relate to a seatbelt infringement and all infringement notices must be issued to the same person or entity. Additional infringement notices will incur an additional fee to be agreed with you prior to commencement of the consultation. The consultation can occur in person, via Teams or by telephone.

If you have already paid the infringement we are unable to assist you. 

Start here → Infringement Advice Request 

 

Terms and Conditions

  1. Agreement
    By using our infringement advice service, you agree to these Terms and Conditions.
  2. Access to Your Infringement Information
    When you provide your infringement notice, you give us permission to obtain related information from the Department of Transport (DOT) or other authorities. This may include photos, records, and other details about the infringement.
  3. Your Privacy
    We handle your personal information in line with our Privacy Policy.
  4. What You Get
    4.1 We provide an initial legal assessment of your infringement.
    4.2 The Basic Reviewdoes not include a phone or in-person meeting. You will receive short written advice from a lawyer.
    4.3 Each infringement is treated separately. If you have more than one, you’ll need to purchase a separate review for each.
  5. What Our Advice Covers
    5.1 We will tell you whether you may have reasonable grounds to:
    (a) ask for a review by the Department of Transport; or
    (b) challenge the infringement in court.
    5.2 This is an initial opinion only. It does not guarantee a successful outcome.
  6. Extra Work and Costs
    6.1 If you want us to:
    (a) submit a review for you; or
    (b) represent you in court,
    there will be additional fees.
    6.2 We will always tell you the cost first. We won’t do any extra work unless you clearly ask us to proceed.
  7. No Ongoing Representation
    7.1 This service does not mean we are acting for you in a legal matter.
    7.2 We will only represent you if you ask us to and we agree.
    7.3 You are free to stop using our services after receiving your advice.
  8. Interpreter Services
    If you need an interpreter, we can arrange one. The cost will be passed on to you.
  9. What We Can’t Advise On
    9.1 Our advice is limited to your legal options for the infringement.
    9.2 We can’t advise on whether the law is fair or should be changed. For that, you can contact your local Member of Parliament.
  10. Your Responsibilities
    You must give us accurate and complete information. Our advice is based on what you tell us, and we are not responsible for problems caused by missing or incorrect details.
  11. Time Limits
    There are strict deadlines for reviews and court elections. We are not responsible for missed deadlines unless you have asked us to act for you and we have confirmed this in writing.
  12. Liability
    To the extent allowed by law, our liability is limited to the amount you paid for the initial advice. We are not responsible for indirect or unexpected losses.

Recent Cases

Frequently Asked Questions

Yes. Seatbelt detection cameras use automated image analysis to identify possible offences, but they are not perfect. The technology generally scans images of the driver and front passenger area to determine whether a seatbelt appears to be worn. If the system detects a possible offence, the images are then reviewed by authorised officers before an infringement is issued.

However, images taken through windscreens can sometimes be difficult to interpret. Shadows, reflections, dark clothing, vehicle pillars, or a driver’s arm position can obscure part of the seatbelt. In some cases, a seatbelt that is properly worn may not be clearly visible in the photograph.

If the images are unclear or appear to show a seatbelt that the system has misidentified, it may be possible to challenge the infringement. Our lawyers can review the camera images and advise whether the evidence is strong enough for the offence to be proven.

If you challenge a seatbelt fine, the matter is no longer dealt with as a simple infringement and may proceed through a formal review or court process.

Usually the process involves:

  1. Reviewing the camera evidence – This includes the infringement notice and all photographs taken by the enforcement camera.
  2. Submitting a review or representation – In some cases a written submission can be made explaining why the fine should be withdrawn (for example if the seatbelt appears to be visible in the images).
  3. Electing to have the matter heard in court – If the infringement is not withdrawn, you may choose to contest the allegation in court.

If the matter proceeds to court, the prosecution must prove beyond reasonable doubt that the seatbelt was not properly worn. If the evidence is unclear or inconsistent, the court may dismiss the charge.

Not necessarily. Many seatbelt fine disputes are resolved before a court hearing.

After reviewing the evidence, our lawyers may be able to make submissions to the issuing authority asking for the infringement to be withdrawn. If the photographs are unclear or appear to show that the seatbelt was worn, the matter may sometimes be resolved at that stage.

If the infringement is not withdrawn and you decide to contest it, the case will usually be listed before a magistrate. In that situation you may need to attend court, although our lawyers can guide you through the process and advise you about what to expect.

The best first step is to have the camera images reviewed so you can understand whether you have a realistic basis to challenge the fine.

We offer two service levels:

Basic assessment – $150+GST

  • review images
  • brief written advice

Premium assessment – $250+GST

  • review images
  • detailed advice
  • defence strategy

If there is a viable defence:

  • Infringement review submission – $600+GST; or
  • Court representation at trial – fixed fee (fee determined by defence strategy)

Not if you are representing yourself. However, if you are represented at trial by a lawyer and you win, your lawyer can apply for costs on your behalf. If you lose at trial, you are not entitled to any award of costs regardless of whether you are represented by a lawyer.

The amount of any costs award is at the sole discretion of the presiding magistrate who must have regard to the applicable scale of costs for that jurisdiction. Our lawyers have successfully obtained costs awards for numerous clients, and, in some cases, we have achieved a costs award equivalent to 100% of the amount our clients have paid us. Whilst that is not typical, you should expect that if we are representing you and you win your case at trial, you can usually expect a costs award which is a majority, if not all, of the fees you paid us.

Do you have more questions?
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