Thousands of WA drivers not wearing seatbelt correctly caught by AI cameras, handed $20m in penalties

Thousands of unwitting WA drivers have been pinged by AI cameras which have detected passengers not wearing seatbelts properly. While motorists themselves have done nothing wrong, they are copping $550 fines and accruing four demerit points because other people in the car — often children — have temporarily removed their seatbelts or shrugged off the shoulder sash to reach for items on the floor or on the seat. In the 19 weeks leading to February 18, AI cameras logged 36,262 seatbelt breaches in a blitz that cost drivers close to $20 million and more than 145,000 demerit points. It is estimated the new technology has resulted in an eight-fold increase in seatbelt infringements, which account for a third of all fines issued by AI cameras. The WA Government is under pressure to review the use of the cameras amid criticism they are unfair. Double demerit periods have seen probationary drivers, who have just eight demerit points to play with instead of the usual 12, lose their licences in one instant because of the actions of a passenger. Parents are being stung because their children have temporarily wriggled free of their restraint. “Every infringement image is reviewed prior by a (department) officer to an infringement being issued. The number of infringements related to children wearing seatbelts incorrectly is not available,” a Department of Transport spokesperson said. Last week former West Coast footballer Xavier Ellis revealed he had written to authorities after copping a $550 fine and four demerit points because his son had been snapped wearing the shoulder sash under his arm. “His arm was over the belt, not over the shoulder. Under the armpit but not over the shoulder . . . it’s a variance of about 5cm,” he told Triple M’s Xav and Katie. “As is common for children of his age, he was animated and distracted for a moment — imitating his favourite superhero Spiderman — moving his arm over the belt. “Young children momentarily adjust their position during the journey, even though he was restrained.” Despite his dispute, authorities hit back saying “the details of the infringement are correct and the matter stands”. P-plater Olarni, who did not want her last name used, had her licence disqualified after a camera snapped her friend wearing her shoulder sash under her arm last December. The 18-year-old was stung with a $550 fine and eight demerit points. “I was devastated, it’s my gap year and I have two jobs but now that’s going to be very difficult because I live in Karnup and there’s no public transport,” she said. “I wouldn’t have even known what my friend was doing to be honest because I was worrying about the road.” Police Commissioner Col Blanch said there would be exceptional circumstances where drivers were fined incorrectly and said AI technology was constantly developing. A State Government spokesperson said cameras only picked up the front seat of the car and it was recommended that children and other vulnerable passengers sit in the back. “Drivers and passengers may have medical reasons why a seatbelt cannot be worn correctly and if this is the case, people can obtain a medical exemption from their GP, and this exemption can be used in the appeal process,” the spokesperson said. “If multiple offences are captured before the first infringement arrives in the mail, the subsequent infringements can be waived and this process is happening now.” Shadow Minister for Road Safety Julie Freeman warned that “removing the human element from enforcement has also removed a valuable opportunity for education”. WA businessman and social commentator Ross Taylor has vowed to test the law in court after his daughter was fined because of the actions of her neurodivergent child. Lisa was driving on the Kwinana Freeway on Boxing Day, when her own daughter — sitting in the front passenger seat — had a panic attack, causing her to remove her shoulder sash and turn around to pat her pet dog. Lisa was fined $550 and accumulated eight demerit points. “If a policeman had pulled (Lisa) up, I’m absolutely convinced that the policeman would not have straight up said, ‘here’s a $550 fine’, he would have chosen education before penalty,” Mr Taylor said. “The same would happen if you had a lady in the car who clearly had Alzheimer’s or dementia, the policeman would have the capacity to say, ‘I understand, but it’s really dangerous taking (the seatbelt) off, can you make sure that doesn’t happen again?’” Mr Taylor said he wanted to see changes to the law which gave concessions to drivers with elderly or juvenile passengers. Lisa said her daughter’s safety was her No.1 priority but the laws lacked “fairness and nuance”.