Queensland motorist fights $1,000 seatbelt fine based on overexposed traffic camera photo
- Driver is fined $1,000 for not wearing a seatbelt
- Camera saw his arm under the seat belt
- The man will fight the charges
A motorist who was fined $1,000 because a passenger did not wear a seatbelt correctly said he will appeal the charges because the traffic photo does not reflect the true situation.
Gavin Storkey of Queensland was fined by Queensland Transport and Main Roads after being caught by a roadside camera, with his seatbelt tucked under his arm.
The business owner was in a car traveling along the Pacific Highway near Upper Coomera, just north of the Gold Coast.
A Queensland driver who was fined $1,000 for a passenger not wearing a seatbelt said he disputes the charge and will appeal the sentence
Mr Storkey claims the camera image does not show his passenger committing an offence.
He said Queensland Transport provided him with a low-quality image.
He claims his arm is over the seatbelt and not under the belt, but the overexposure of the photo doesn’t show this.
“I saw the seatbelt disappear in the image, (it’s) clear on the left side of the image, but on the right side it’s impossible to see,” he said.
He said he was not given the option to file an online inquiry to appeal the fine when the fine was handed to him.
He also said he had not received any legal forms from the Queensland Department.
Mr Storkey said the letter issuing the fine told him to take the matter to court or pay the fine.
He told Nine news he was shocked when he received the notice and is frustrated when faced with the prospect of having to cough up the money.
“I’ve been a good citizen, (I’ve) never had trouble with the law, I’m struggling to pay (my) mortgage and keep my small business running…” he said.
“Now I’m being sued for a seatbelt photo and fined $1,000.”
Queensland Treasury said there is an opportunity to raise fine questions with the Queensland government website.
The Treasury Department says artificial intelligence technologies are also being used to detect seat belt violations.
However, Mr Storkey said he had not been told about the option by Queensland Treasury.
Mr Storkey said the passenger was falsely accused of not wearing a seatbelt and that the arm is over the seatbelt and not under it, which is disputed by the Queensland Department of Transport and Main Roads.
The man could face a fine of up to $2,875.
A letter from the Department of Transport and Main Roads to Mr Storkey says infringement notices will be sent if a camera sees a driver or passenger in a vehicle not wearing a seatbelt ‘both properly adjusted and fastened’.
“The image shows the seat belt placed under the arm,” the letter reads.
“If you wish to withdraw your election to court and pay the infringement notice, please notify this office by email and the infringement will be released.”
Mr Storkey stood before Southport Magistrates Court in early August and pleaded not guilty to the charge.
His case was postponed and will be heard in January 2024.