How to appeal a seatbelt fine in WA
Start with the notice and the camera images. Use the penalty table and evidence checklist below to prepare a review request, then weigh the risks before choosing court.
Key points
- An unbelted WA driver with no unrestrained passengers faces a $550 infringement and 4 demerit points; the points become 8 during a designated double-demerit period.
- The fine changes with the number of unrestrained passengers and whether the driver wore a belt. The full table is below.
- You can request a review with supporting evidence or elect court. A review request is different from a court election.
- Act by the due date on your notice. Passing 28 days does not always end the court-election option, but payment, a time-to-pay order or an enforcement warrant can prevent a late election.
- Drivers can be responsible for an adult passenger’s restraint. Nominating the actual driver is different from transferring responsibility to a passenger.
- Legal Hotline’s free information line is 1800 951 176. A $295 arrangement fee includes an initial one-hour lawyer consultation; details below.
In Western Australia, regulation 235A of the Road Traffic Code 2000 sets an 11-unit ($550) infringement and 4 demerit points for an unbelted driver with no unrestrained passengers, with 8 points during a designated double-demerit period.
Checked on 23 October 2026: the current WA Road Traffic Code, the infringement enforcement Act, Transport WA and Legal Aid WA. Sources and limits of this check.
WA seatbelt fines and demerit points
These are infringement amounts for drivers under Road Traffic Code 2000 regulation 235A, checked against the version in force from 14 May 2026. A Code penalty unit is $50. Court penalties are a different matter.
Count only unrestrained passengers. Wearing a lap/sash belt under the arm or behind the back does not meet the wearing requirements in regulation 231A.
Scroll the tables sideways to compare all columns.
| Unrestrained passengers | Driver wearing belt | Driver not wearing belt | Points / double demerits |
|---|---|---|---|
| None | No driver seatbelt offence on these facts | $550 (11 units) | 4 / 8 if driver unbelted |
| 1 | $550 (11 units) | $600 (12 units) | 4 / 8 |
| 2 | $600 (12 units) | $700 (14 units) | 4 / 8 |
| 3 | $700 (14 units) | $800 (16 units) | 4 / 8 |
| 4 or more | $800 (16 units) | $900 (18 units) | 4 / 8 |
The table concerns the driver’s restraint offences. A passenger aged 16 or over also has a separate wearing duty under regulation 233. Check the offence and regulation on your own notice.
Evidence checklist before requesting a review
Use Transport WA’s infringement guidance to view the available camera images and request a review. Describe what the evidence shows, identify the notice and explain the specific error or exemption you rely on. An unclear image is a reason to examine the evidence; it does not itself establish that the charge must be withdrawn.
Scroll the tables sideways to compare all columns.
| Issue to check | What to collect | What it does not establish by itself |
|---|---|---|
| Belt actually worn | All available camera images; your factual account of how the belt sat across your body. | A dark shirt or an unclear image does not automatically prove proper wearing. |
| Wrong driver or vehicle | Registration and notice details; evidence identifying who actually drove. | You cannot nominate a passenger as the driver if that is untrue. |
| Passenger removed or miswore belt | Images, passenger position, timing and a truthful account of what happened. | Adult status alone does not remove the driver’s duty under regulation 232A. |
| Medical certificate | The signed certificate and its date, period and medical basis. | A new certificate does not automatically establish an exemption at the offence time. |
| More than one notice | Every notice, image, date, time and location, listed separately. | There is no blanket cancellation of later notices stated in this guide. |
For a medical defence, regulations 231 and 235 require a qualifying certificate current at the time of the alleged offence. A certificate with no specified period is generally current for two years from issue, unless endorsed for a permanent disability; an expressly limited certificate must not have expired.
Review, court or an overdue notice: choose the next step
Use the due date printed on your notice and act early. Transport WA describes a 28-day payment period from issue; Legal Aid WA describes the usual period as 28 days from service. Neither description should be read as a universal final cut-off for every later court election.
Under section 21 of the Fines, Penalties and Infringement Notices Enforcement Act 1994, a court election after registration must be made before any payment of the modified penalty or enforcement fees, before an enforcement warrant, and before a time-to-pay order under section 21C. Part-payment matters too. Ask for advice if any of those steps has happened.
Transport WA says enforcement action is held while it reviews a submitted request and notifies you of the outcome. Keep checking correspondence and the instructions in the decision. Electing court moves the matter to prosecution; its disappearance from DoTDirect is not proof the fine was cancelled.
Scroll the tables sideways to compare all columns.
| Your position | Next step | Important limit |
|---|---|---|
| You dispute the notice | Ask Infringement Services for a review and attach your evidence. | Keep the submission receipt and read the response. A request is not a withdrawal. |
| You want a court decision | Use the official court-election process. | Police may issue a summons. A court fine and costs may exceed the infringement amount. |
| The notice is overdue | Check the enforcement stage and seek advice before paying or arranging time to pay if you intend to contest it. | Late election after registration is restricted by section 21. |
| You accept the notice but cannot pay | Read Legal Aid WA’s payment and enforcement guidance and contact the authority named on the notice. | A payment arrangement is not a challenge to the offence. |
Prepare your request in five steps
- Save the notice, due date and all available images. Check whose offence is alleged and which regulation is listed.
- Write a short factual timeline. Separate what you know from what you assume the camera shows.
- Identify the specific issue and supporting documents using the checklist above. Do not invent a driver, certificate or explanation.
- Submit through the authority’s official channel, keep a copy and retain the receipt. Follow up if you have no confirmation.
- Before electing court, consider the legal defence, possible costs and licence consequences. Court election does not automatically remove demerit points.
Need advice before choosing court?
A lawyer can assess the allegation, your images and any exemption, and explain the risks of a court election. Bring every notice and any enforcement correspondence, especially if your licence is at risk. Legal Hotline cannot withdraw the fine or decide an appeal.
Arrange an initial one-hour consultation with an Australian lawyer for $295 including GST. This is Legal Hotline’s matching and arrangement fee; the lawyer charges no additional fee for that first hour. Any further work is quoted separately. Phone, video and in-person appointments depend on availability.
Our free line, 1800 951 176, answers at any hour. Jen, our AI legal information assistant, gives general information and takes your details. Jen is not a lawyer and does not advise on your case. Requests can be made at any hour; lawyer appointment times depend on availability.
Official help and free legal information
Use the issuing authority for review status and deadlines. Legal Aid WA can explain the process; eligibility and the help available for an individual case vary.
Legal Aid WA
1300 650 579, Monday–Friday, 9am–4pm Western Standard Time, excluding public holidays. Free legal information and referrals; telephone charges may apply.
Transport WA — infringement review and court election
View the official instructions, access available photographs and check the contact details on your notice. Use your notice number when asking about its status.
Common questions about seatbelt fine appeals in WA
How much is a seatbelt fine in WA?
For an unbelted driver with no unrestrained passengers, Road Traffic Code 2000 regulation 235A sets an 11-unit infringement: $550 at $50 per unit, with 4 demerit points or 8 in a designated double-demerit period. Other driver/passenger combinations have different amounts; use the penalty table above.
Can I appeal a seatbelt camera fine?
You can ask Transport WA’s Infringement Services to review a notice and supply evidence, or use the court-election process. Check the images against the proper-wearing rule in Road Traffic Code 2000 regulation 231A. Review is not automatic cancellation, and court proceedings can bring a larger fine and costs.
Can I still elect court after 28 days?
Possibly. Section 21 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 permits a late court election after registration only before payment of any penalty or enforcement fees, an enforcement warrant, and a section 21C time-to-pay order. Do not assume an overdue notice is either unchallengeable or still eligible; check its enforcement history.
Can I transfer a seatbelt fine to an adult passenger?
Being an adult passenger does not automatically remove the driver’s responsibility under Road Traffic Code 2000 regulation 232A. That regulation includes a specific defence for a passenger aged 16 or over in a passenger transport vehicle. Nominating the actual driver when someone else drove is a separate process; do not nominate a passenger as the driver unless that is true.
Does a medical certificate cancel a seatbelt fine?
Not automatically. Road Traffic Code 2000 regulations 231 and 235 require a qualifying medical practitioner’s certificate current at the time of the alleged offence. Check the certificate’s wording and expiry, and provide it with the review request. A certificate obtained later does not automatically establish that defence.
Does choosing court remove the demerit points?
No automatic removal follows from a court election. Regulation 235A of the Road Traffic Code 2000 specifies the driver’s seatbelt demerits, and points can be recorded following conviction. Obtain advice on the particular charge and licence consequences before choosing court.
Sources and update record
The penalty table uses the Road Traffic Code version effective 14 May 2026 and Transport WA’s $50 Code unit. Late-election conditions were checked against the enforcement Act version effective 26 September 2025. The deadline wording difference between Transport WA and Legal Aid WA is explained above. These are infringement amounts, not a prediction of a court outcome.
- Road Traffic Code 2000 — regulations 231–235A; current version 14 May 2026
- Transport WA — driving offences and $50 penalty unit
- Transport WA — traffic infringements, photographs and reviews
- Transport WA — request a court determination
- Fines, Penalties and Infringement Notices Enforcement Act 1994 — section 21
- Legal Aid WA — infringement notices
- Transport WA — demerit points
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.
Review date recorded on the previous version: . This content update does not represent a new personal legal review.