NSW Drink Driving & Traffic Offences

Hi All, a quick one. I was driving with family today and baby seat belt was restrained correctly but seems like it was slightly loose. Son took both his hands out of the shoulder strap while he was in deep sleep. Me and my partner were in front seat and didn't realize that baby took his hands out.
As a routine check police was stopping all the cars and I was also pulled over and fined for this and got double demerits.
Just to check if i can fight the case, i checked online and found this on maritime site. There are 2 categories "SEAT BELTS Drive with passenger under 6 mths not in fastened/adjusted/approved restraint" and "SEAT BELTS
Drive with passenger older than 6 mths but less than 4 yrs not restrained" . My son is 3yrs old.
Can I appeal this in court. I was concentrating on the road but not on child. Please suggest.

Thanks
JS

Hi Jay,

Thank you for your question.

S 266(2A) of the Road Rules 2014 provides that if the passenger is 6 months old or older, but is less than 4 years old, he or she must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint, or forward facing approved child restraint that has an inbuilt harness.

The obligation is placed on the driver of the motor vehicle to ensure that the passenger is restrained in a suitable and properly fastened and adjusted child restraint.

This is what we call an offence of strict liability, meaning that whether a driver is aware that the passenger was not properly restrained is generally irrelevant.

You may take the matter to court and raise the defence that you made an honest and reasonable mistake of fact, but running such a case can be difficult and expensive. It is something you would need to weigh against the cost of the fine and the demerit points.

If you would like to speak with one of our traffic lawyers about your particular circumstances please call us on (02) 9261 4555.