If the police charge you with failure to wear a seatbelt it means that they allege you did one of the following:
- you were the driver and you did not wear seatbelt in a moving or stationary (stopped) car (a stationary car does not include a parked car)
- you were the driver and your passenger was over 16 years old and they were not wearing a seatbelt
- you were the passenger and you were over 16 years old and you were not wearing a seatbelt
- you were the driver and you had children in your car who were 16 years or younger and not properly restrained.
Even though this offence is considered a minor traffic matter, you may still have to appear in court if police also charged you with other offences or if you choose to take the matter to court instead of paying the fine.
Going to court
For information about pleading guilty or not guilty and how to prepare for the court hearing see Going to court – pleading guilty and Going to court – pleading not guilty.
What are my options if I have to go to court?
Plead guilty
If you agree that you broke the law, you should tell the court that you are pleading guilty. During the court hearing, the prosecutor will read out the statement of alleged facts. The magistrate will find you guilty and give you a penalty.
If you plead guilty the magistrate treats this as a sign that you are co-operating and may give you a less severe penalty.
For more information visit our page Going to court – pleading guilty.
Plead not guilty
If you believe that you did not break the law, or you disagree with what is in the statement of alleged facts, you must tell the prosecutor before your court date that you plan to plead not guilty. They will hold a summary case conference with you before your case is heard in court. If you still want to plead not guilty after the conference, tell the magistrate. The magistrate will adjourn (put off) your case for another day.
You will come back to court for a contested hearing. When you come back the magistrate listens to evidence from you and the police before making a decision. You should have a defence. Saying that you did not know you were breaking the law is not a good enough defence.
If you are pleading not guilty, get legal advice before the contested hearing.
For more information visit our page Going to court – pleading not guilty.
Possible defences
You may have a defence to the charge if:
- you could not wear a seatbelt for medical reasons
and - at the time of the offence you had a medical certificate saying why you could not wear it and for how long.
Can I adjourn my hearing?
You can ask the magistrate to adjourn (put off) your case if you have a good reason. For example, to get a lawyer.
If you have not adjourned your case before and you are on summons, you may be able to get an adjournment without going into the courtroom. When you arrive at court, go to the counter and tell the staff you want an adjournment.
What are the penalties if I am found guilty?
Demerit points
VicRoads adds three demerit points to your licence from the date the offence happened, not the date you went to court. The magistrate cannot change this.
Fines
The magistrate may give you a fine. You can get up to 10 penalty units for an offence of failure to wear a seatbelt.
You should tell the magistrate about your income and things you have to pay for, and whether you support a family.
If you get a fine you can pay it straight away at court. If you do not pay the fine straight away, Fines will send you a Court fine collection statement. This will tell you how much you owe and when the fine is due.
You can ask Fines Victoria for a payment plan if you cannot afford to pay the fine in one payment.
If you do not pay the fine when it is due, Fines Victoria may increase the fine. The court can issue a warrant for your arrest.
Other penalties
The magistrate may also place you on an undertaking to behave well for a certain amount of time. An undertaking is a promise to the court not to do certain things.
Criminal record
If you are found guilty what happens in court goes on your criminal record.
This includes:
- the finding of guilt
- a conviction, if there is one
- penalties.
For more information visit our page on Criminal records.
Can I appeal the magistrate’s decision?
Yes. If you do not agree with the decision you can appeal to the County Court. You have 28 days to do this. Get legal advice before you decide. You could get a higher penalty.
Other support
For more information, support and referrals, visit:
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
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Reviewed 01 November 2023