NSW Allowed Cameras Can Use Seatbelt Photos as Court Evidence

Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023

6 Feb 2024: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

court procedures driving offences law enforcement road safety road transport seatbelt laws seatbelt offences traffic cameras traffic enforcement

Introduced by: The Hon Jenny Aitchison MP (ALP); The Hon John Graham MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Courts can use photographs as evidence for seatbelt offences if they were taken by an approved device. Digital camera photos must also have a specific security indicator.
Digital cameras must include a security marker set by the statutory rules to be used
Courts can use photos of a vehicle as evidence for a seatbelt offence even if the photo was taken for a different traffic or toll offence.
The Governor can approve specific devices to photograph drivers or passengers who are not wearing seatbelts.
Approved seatbelt cameras must record the vehicle's registration number.
Seatbelt offences are now classified as detectable traffic offences
All fines from camera-recorded seatbelt offences go into the Community Road Safety Fund

The Debate

What different members said when this bill was debated:

Cate Faehrmann GRN

“On behalf of The Greens and as the Transport spokesperson, I support the Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023. However, at the outset I signal that I will move amendments to the bill. This bill amends the Road Transport Act 2013 to permit the use of camera devices to automatically detect drivers who fail to wear their seatbelt.”

Official source →

Natalie Ward LIB

“I will endeavour to save the time of the House.”

Official source →

John Ruddick LIBT

“On behalf of the Liberal Democrats, I speak against the Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023. A few hours ago Premier Minns tweeted an image of a Victorian driver who was being surveilled by a road camera and who appeared to have broken Victorian seatbelt laws. Premier Minns said:”

Official source →

John Graham ALP

“Once again we have covered a wide range of views, as is appropriate for a Parliament of this stature. I welcome the debate we have just had. I thank each of the members who contributed. I will respond to a number of points and raise one significant concern about the amendments that have been proposed, but I will leave my other comments on the amendments to the Committee stage.”

Official source →

News articles and press releases

Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023

Ms JENNY AITCHISON, Minister for Regional Transport and Roads — 2023-10-18

The bill includes the first legislative changes to deliver on actions in the New South Wales Government’s 2026 Road Safety Action Plan. The plan outlines our commitment, through a suite of targeted and proven actions to be delivered by the end of 2026, to improve the safety of our roads and vehicle fleets and the behaviour of road users. The purpose of the bill is to amend the Road Transport Act 2013 and the Transport Administration Act 1988 to enable automated camera detection of seatbelt offences and require those fines to be paid into the Community Road Safety Fund to be directed to road safety programs.