Driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger

Legislation: Road Safety Rules 2017 (Vic) r 265(4)

Maximum penalty: 10 penalty units

Period: 1 July 2020 to 30 June 2023

Jurisdiction: Magistrates' Court

Charges

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Cases

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All outcomes

Males

Females

Aged 18 to 24

Aged 25 to 54

Aged 55 and over

*Note: unavailable options have under 10 cases

Charge data

In the Magistrates' Court, 97 charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger were sentenced in the three years to 30 June 2023. The most common sentence for a charge of this offence was a fine (67% or 65 charges).

On SACStat, a charge is a single count of a sentenced offence. Charge data is most useful in understanding how a specific crime is usually sentenced.

Case data

In 78 cases sentenced in the Magistrates' Court in the three years to 30 June 2023, each case included at least one charge of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger. Among the 78 cases, 64 people were male and 14 people were female. The most common outcome for cases was a fine (59% or 46 cases).

A case is a collection of one or more charges against a person or company sentenced at the one hearing. Case data is most useful in understanding the total sentence usually imposed on people found guilty of a particular crime.

Bar graph showing sentence types imposed for charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 1**: Sentencing outcomes for all charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 97 charges**

Bar graph showing lengths of community correction orders for charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 3**: Community correction order lengths for charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 9 charges**

Bar graph showing fine amounts for charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 4**: Fine amounts for charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 11 charges**
**Note**: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Stacked bar graph showing sentences imposed each year for charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 5**: Sentencing outcomes for all charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger by financial year
**Number: 97 charges**

Bar graph showing the number of charges each year for the offence of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 6**: Number of charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger by financial year
**Number: 97 charges**

Bar graph showing fines amounts each year for charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 8**: Average fine amounts for charges of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger by financial year
**Number: 11 charges**
**Note**: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Bar graph showing sentence types for all offenders for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 9A**: Sentencing outcomes for all people for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 78 cases**

Bar graph showing sentence types for male offenders for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 9B**: Sentencing outcomes for males for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 64 cases**

Bar graph showing sentence types for female offenders for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 9C**: Sentencing outcomes for females for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 14 cases**

Bar graph showing sentence types for offenders aged under 25 for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 9D**: Sentencing outcomes for people aged under 25 for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 29 cases**

Bar graph showing sentence types for offenders aged 25 to 54 for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 9E**: Sentencing outcomes for people aged 25 to 54 for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 48 cases**

Bar graph showing imprisonment lengths for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 10**: Imprisonment lengths for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 6 cases**, including imprisonment only (2 cases) and imprisonment combined with a community correction order (4 cases).

Bar graph showing non-parole periods for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 11**: Non-parole periods for all people for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 2 cases**
**Note**: Imprisonment terms do not include a community correction order.

Bar graph showing lengths of community correction orders for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 12**: Community correction order lengths for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger
**Number: 8 cases**

Stacked bar graph showing sentences imposed each year for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 13**: Sentencing outcomes for all cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger by financial year
**Number: 78 cases**

Bar graph showing the number of cases each year for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 14**: Number of cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger for all people by financial year
**Number: 78 cases**

Bar graph showing the average imprisonment length each year for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger — **Figure 15**: Average imprisonment lengths for cases of driver fail to ensure that a passenger aged 16 years or older is wearing a seatbelt properly and is not occupying the same seat as another passenger by financial year
**Number: 6 cases**