Can passengers be fined for lying down?
Reclining your seat might seem like an innocent enough thing to do for a passenger but you could cop a fine and a few demerit points. Why?
By lying down, you might not be wearing your seatbelt correctly. According to the road rules, your seatbelt should always be firmly positioned across your shoulder and hips, and be adjusted and fastened correctly.
Having your seat reclined too much could interfere with the positioning and fit of your seatbelt. Even if you just recline your seat a couple of notches, it’s important to readjust the seatbelt so it remains across your shoulder, not your neck.
RAA Senior Manager of Safety and Infrastructure Charles Mountain says lying down may compromise the effectiveness of the seatbelt.
“The seatbelt may be ineffective which puts the passenger at a higher risk of injury if they’re involved in a crash,” Charles says.
“Should a crash occur while reclined too far back, it is more likely that a person would slide under it rather than be restrained by it, risking severe leg injuries or even worse.”
The fine
If a passenger is 16 years or older caught not wearing their seatbelt properly, they could receive a $435 fine, plus a $102 Victims of Crime Levy, and three demerit points. On top of that, the driver could also receive the same fine.
And, if a second passenger isn’t wearing their seatbelt properly, the driver’s fine increases to $514 and they’ll receive five demerit points.
For passengers under 16 years old, the driver is responsible for ensuring that each passenger is wearing a seatbelt or the correct child restraint.
Passengers behaving badly
Driving with passengers who don’t follow the rules, or distract you while you’re behind the wheel, can be dangerous.
Passengers distracting the driver, interfering with their control of the vehicle, or obstructing their view could be fined $402 plus a $102 Victims of Crime Levy.
While driving, your passenger shouldn’t be trying to show you something on their mobile phone no matter how funny the latest Tik Tok trend might be.
“Looking at your passenger’s phone is just as distracting as pulling out your own,” Charles says.
“It’s the driver’s responsibility to remind the passenger that they need to concentrate on driving the vehicle.”
“Always keep your eyes on the road and concentrate on the task of driving.”
Looking at anything in a passenger’s phone constitutes using the mobile, and the driver could receive a $556 fine, $102 Victims of Crime Levy and three demerit points.
Passengers can distract drivers in other ways as well, from judging your driving to fiddling with the radio and offering less-than-helpful directions. Research by Monash University’s Accident Research Centre found interactions between drivers and passengers caused about five per cent of distraction-related crashes in 2020. This included talking, arguing and giving wrong directions to drivers.
Being the perfect passenger
Passengers can help the driver get you from A to B safely. Here are a few tips.
- Let the driver know if they’re doing something wrong, including if they’re using their mobile phone.
- Watch out for any hazards.
- Never take the driver’s attention away from the road.
- Don’t yell, shout or blast music from the radio.
- Always keep your body parts, including your arms, inside the vehicle.
- Pause your conversation while the driver is attempting a filter turn or complex manoeuvre.
- When providing directions, it’s helpful to tell the driver when to turn well in advance to avoid last-second and possibly dangerous stopping or turning manoeuvres.