Victorian driver claims her passenger was wearing her seatbelt when she was fined $385

A driver who was fined $385 and three demerit points for a seat belt violation claims the camera photos actually prove her passenger was strapped in.

The woman was driving with her mother in the passenger seat along the Princes Highway in Nar Nar Goon, in Victoria’s Gippsland region, on January 5 when she was photographed by a seat belt detection camera.

Her daughter was in the back seat and the family was heading to Melbourne Airport for a holiday to Bali.

But when she returned from the ride, the driver was shocked to see that she had been fined, and blames the angle of the camera that made it appear as if her mother was not restrained.

“We believe the footage shows the seat belt being used,” she told Daily Mail Australia.

“Mom is 73 years old and always wears one. I will appeal against the fine.’

In both photos, taken at exactly the same time, the seat belt can be seen extended out of its holder above the passenger’s left shoulder.

The driver said this could only mean that her mother was actually strapped into the seat and that the seat belt may have been covered by her hands.

When the photo was taken, her mother’s left side was also obscured by the windshield frame, making it difficult to see the seat belt across her torso.

Her mother was not fined.

Last September, a Gold Coast mother was fined $1,161 after her breast caused her seat belt to twist while driving.

The infringement notice stated that Ms Bowen had been fined for not properly adjusting or fastening the seat belt while riding in the passenger seat.

“I had the strap securely around the shoulder, across the chest and buckled,” she explained.

‘My breasts were in the way and causing what appears to be a slight twist.

“I really can’t believe I got fined for something I feel like I have no control over.”