What are the rules when it comes to wearing a seatbelt?

At a glance

• Seatbelts must be properly fastened and adjusted, not simply buckled.
• Wear the belt low, flat and firm across the hips, chest and shoulder.
• Drivers are responsible for ensuring every passenger is properly restrained.

New NRMA research has found most NSW seatbelt fines are issued to people wearing their seatbelt incorrectly, rather than not wearing one at all.

The NRMA’s Buckle Up Right report found 16 per cent of motorists surveyed did not always wear their seatbelt correctly.

Of the 126,728 camera-detected seatbelt fines issued during 2024/25, 88 per cent, or 111,521 fines, involved a driver or passenger wearing a seatbelt incorrectly. Only 12 per cent involved someone not wearing one at all.

The consequences can be devastating. In NSW, 32 people are killed and 74 seriously injured each year while not wearing a seatbelt.

What are the seatbelt rules in NSW?

Drivers must wear a properly fastened and adjusted seatbelt whenever required under the NSW Road Rules.

They must also ensure:

• every passenger has their own seat and seatbelt
• each passenger is correctly restrained or uses an approved child car seat suitable for their age and size
• the vehicle does not carry more passengers than it is designed for
• no one travels in an area not designed for passengers, such as the boot, floor, ute tray or a trailer
• passengers keep all parts of their body inside the vehicle.

Passengers aged over 16 also have a legal responsibility to sit in their own seat and wear their seatbelt correctly.

Children must use an appropriate child car seat for their age and size. A seatbelt must never be shared by two people or placed around an adult and a child sitting on their lap.

How should you wear a seatbelt?

The simplest way to remember the correct position is “low, flat and firm”:

• Low: The lap belt should sit across the bony part of the hips, not the stomach.
• Flat: The belt should have no twists, folds or turns.
• Firm: Remove any slack so the belt sits securely against the body.

The sash should pass across the chest and middle of the shoulder. It should not sit under the arm, behind the back, across the neck or over the upper arm.

“If you’re shorter or taller than average, you may need to adjust your seatbelt,” says NRMA Principal Road Safety Advisor Dimitra Vlahomitros.

“In most vehicles, the upper seatbelt mounting point on the B-pillar can be moved up or down so the sash passes across the body in the correct position.”

An incorrectly positioned belt may not restrain someone properly and can increase the risk of internal injury in a crash.

Who receives the fine if a passenger is not buckled up correctly?

The Buckle Up Right report found nearly two-thirds of seatbelt offences, or 62 per cent, involved passengers rather than drivers.

However, drivers are responsible for ensuring their passengers are properly restrained. Almost 40 per cent of motorists surveyed did not know who would receive a camera-detected fine when a passenger was wearing their seatbelt incorrectly.

The report also found:

• 33 per cent would still drive if a passenger was not wearing their seatbelt correctly
• 11 per cent never check whether passengers are wearing their seatbelts correctly
• Five per cent never check whether passengers are wearing seatbelts at all.

The NRMA is calling for NSW drivers to be able to nominate an adult passenger responsible for a camera-detected seatbelt offence. It is also calling for a large-scale public education campaign, including information targeted towards pregnant women and older road users.

How are seatbelt rules enforced?

NSW phone and seatbelt detection cameras have enforced seatbelt laws since 1 July 2024. They can detect a seatbelt being worn incorrectly as well as no seatbelt being worn.

In total, 132,755 seatbelt fines were issued during 2024/25. This included 126,728 camera-detected fines and 6027 offences detected by police, meaning cameras detected around 21 times as many offences as police.

The NRMA supports camera enforcement. However, with almost nine in 10 camera-detected fines involving incorrect use, the report highlights the need for clearer public education about how seatbelts should be worn.

What are the penalties?

Seatbelt penalties currently start at $423 and three demerit points. More points apply when a driver is carrying multiple passengers who are not properly restrained, while double demerits apply during designated periods.

Passengers aged over 16 can also be fined for failing to wear their seatbelt correctly. As fine amounts can change, check the current NSW seatbelt offences and penalties.

How should you wear a seatbelt while pregnant?

A seatbelt should be worn throughout pregnancy unless a valid medical exemption applies.

The lap belt should sit low across the hips and beneath the belly, while the sash should pass between the breasts and across the shoulder. It should never be placed behind the back or under the arm.

Find out more about wearing a seatbelt while pregnant.

Before setting off, take a moment to check that every person in the vehicle is buckled up correctly. It is a simple action that can prevent a fine and, more importantly, save a life.