A single dad has urged motorists travelling with their loved ones over the holiday period to be extra vigilant after he copped a $410 fine because his daughter leaned over in her car seat.

The NSW man, who goes by divorcedaussiedad on TikTok was shocked to receive the fine in the mail after recently hitting the road with his nine-year-old daughter.

He explained how an unfortunately placed mobile phone detection camera caught the exact moment his daughter’s seatbelt slipped from her shoulder for a ‘split second’ as she leaned over to talk to him.

The dad shared his story in the hope that other motorists will learn from his costly mistake with double demerits currently in place in NSW until January 2. 

‘I looked at the photos, and fair enough, there she is leaning over,’ he explained in the video.

‘It’s come off, and there’s nothing I could have done. I’ve told her safety; She knows the rules. She’s just accidentally lent over, and it’s got me the fine, and there’s no way out of it.’

‘So watch your kids this Christmas, watch those seatbelts and if you start to doubt [them], talk to your kids about it.

He joked that his nine-year-old ‘unknowingly ruined Christmas’.

The NSW father warned other motorists to watch their seatbelt use

NSW began using mobile phone detection cameras to capture seatbelt offences in July.

About 11,400 $410 fines were issued with the first three weeks of the rule coming into effect. 

Penalties vary across Australia, with Queensland dishing the largest fine of $1209 and four demerit points to offending drivers.

In Victoria, drivers receive a $395 fine and three demerit points.

Many TikTok viewers shared similar stories. 

‘Yeah. My 10-year-old did me too. Same thing as you ‘not properly adjusted’ was on mine. But it happened in Queensland $1300 and four demerit points! We did fight it and won,’ one mum wrote.

Another added: ‘In Queensland my daughter just got [a] seatbelt fine for over $1000! There was a giant huntsman spider in the car and her friend tried to lean away from it and got photographed by a camera. It’s brutal.’

Double demerits apply over the holiday period in several states as thousands of motorists take to the road

Double demerits apply over the holiday period in several states as thousands of motorists take to the road

Others branded the case as ‘blatant revenue raising.’

‘So sorry this happened, same happened to my brother with their daughter in Queensland but [the] fine was way more and they couldn’t fight the charge,’ one wrote.

Another added: ‘Dispute it. I got one for scratching a mozzie bite that was on my shoulder under the seatbelt. Having my hand there wasn’t allowed, I got let off because it really was a split second thing.’

Some were unhappy to receive demerit points for seatbelt offences. 

Demerit points rules vary from state to state. 

In NSW, double demerit penalties are in place until January 2.

In Western Australia, double demerit points started on December 20 and end on January 5.

In the ACT, drivers face double demerit points over the same period as NSW.

Queensland drivers don’t face double demerit points over the Christmas period, but repeat traffic offenders can be slapped with double demerits on subsequent offences year-round.

Victoria does not enforce and type of double demerits system but motorists caught breaking the rules interstate will be penalised in accordance with local traffic laws.

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