Home › Traffic offences › Mobile phone and seatbelt fines
Mobile phone and seatbelt fines · Cairns & Far North QLD

Mobile phone and seatbelt fines in Queensland

Mobile phone and seatbelt camera fines arrive in the post, and you have 28 days from the date of the notice to decide what to do. Talk to Joseph Rahim if you think the fine is wrong.

Free, confidential first consultation. No obligation.

A woman at her kitchen bench frowning at a camera photo on her laptop, with an opened letter beside her
The rules

What the law says

Both offences are in the Queensland Road Rules. They apply while the vehicle is moving, or stopped but not parked, which includes waiting at lights or in traffic.

Mobile phones (section 300)

  • you must not hold the phone or have it resting on your body, even if it is not in use
  • open and P2 licence holders can touch a phone in a cradle fixed to the vehicle for hands-free use
  • for open and P2 licence holders, a phone in a pocket or pouch can only be used by voice, without looking at it
  • learner and P1 drivers under 25 cannot use hands-free, headsets or loudspeaker at all

Seatbelts (sections 264 and 264A)

  • the driver must wear a seatbelt that is properly adjusted and fastened
  • the driver must make sure every passenger is wearing one properly, or is in the right child restraint
  • a belt worn under the arm is not worn properly
  • passengers aged 16 or over can also be fined themselves
Start a conversation

Where are you at?

Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.

Camera fines

Your options within 28 days

Camera fines are sent to the registered owner. You can usually see the photo by logging in to your account online, although images are not available online for every offence.

Pay it

Once the fine is paid, the demerit points are recorded on your traffic history.

Transfer it

If someone else was driving, nominate them online or by a witnessed statutory declaration within 28 days. Do not pay the fine if you are transferring it.

Dispute it

You can ask the Queensland Revenue Office to review a camera fine, or elect to have it heard in court. You must elect court within 28 days of the notice, and you must not pay it.

Demerit points

Why a second fine costs more

  • Double demerits all yearA second mobile phone offence, or a second driver seatbelt offence, within 12 months of the first brings double demerit points, at any time of year.
  • Passengers under 16Failing to make sure a passenger under 16 is properly restrained is its own group for double demerits.
  • Your licenceReaching your demerit point limit leads to a suspension or, for open licence holders, a choice of a good driving behaviour period.
Things to avoid

Good records do not get leniency

The Queensland Revenue Office says it cannot offer leniency on a camera fine because of a good driving record or financial hardship.

Ignoring it does not stop the points

If you do nothing, the fine goes to the State Penalties Enforcement Registry (SPER) and the demerit points are still recorded.

Do not nominate someone who was not driving

Transferring a fine, online or by statutory declaration, is a formal declaration of who was driving. The Queensland Government warns that a false declaration can lead to a fine or prison.

How Joseph helps

One lawyer, from your first call to the end of your matter

Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph

When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.

  • He looks at the photo and the notice, and tells you whether there is a real argument that no offence happened.
  • He tells you whether a review or a court hearing is worth it before the 28 days run out.
  • He represents you in court if you elect to have the fine heard there.
  • He tells you plainly where your demerit points and your licence stand.
Talk to Joseph
Joseph Rahim, Principal of Coral Coast Law
Reviews

What people say on Google

Questions

Mobile phone and seatbelt questions

Can I use my phone at the lights?

You cannot hold it or have it resting on you. The rules still apply at lights and in traffic, with limited exceptions, such as an open or P2 licence holder using a phone in a fixed cradle hands-free.

Am I responsible for my passengers’ seatbelts?

Yes. The driver must make sure every passenger is wearing a seatbelt properly or is in the right child restraint. Passengers aged 16 or over can also be fined.

How long do I have to dispute a camera fine?

28 days from the date of the notice. Do not pay it if you want to dispute it.

Can I see the camera photo?

You can usually view it by logging in to your account online, although images are not available online for every offence.

Is the first consultation free?

Yes. It is free, confidential and comes with no obligation.

Didn’t see your question? Ask it in chat.

Talk to Joseph before your court date

The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.

0447 028 080

Free, confidential first consultation.

Thank you for contacting us.
We will get back to you as soon as possible.
Oops, there was an error sending your message.
Please try again later.

This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.