A Queensland business owner believes he has been wrongly fined over a seatbelt offence - but says he can't fight the charge unless he goes to court.
Gavin Storkey copped a $1000 fine from Queensland Transport after a roadside camera caught a passenger appearing to have his seatbelt tucked under his arm while travelling on the Pacific Motorway at Upper Coomera, in the Gold Coast.
Storkey believes the image actually shows no offence took place and claims he was not offered the option to submit an online enquiry when he received the fine and corresponding legal forms from the Queensland Treasury, saying the letter he received gave him only two options, go to court or pay the fine.
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Queensland Treasury said there is an option to submit a fine enquiry through the state government website.
Storkey claims he was never made aware of the option by the Queensland Treasury.
A Queensland Revenue Office spokesperson confirmed that seatbelt cameras take images of each vehicle travelling in the lane of traffic that the camera is monitoring.
They also confirmed artificial intelligence is used to detect any possible seatbelt offence.
"I have been a good citizen, (I've) never been in trouble with the law, I'm struggling to pay (my) mortgage and keep my small business afloat, and now I am being sent to trial over a seatbelt photo for a $1000 fine," he said.
A low-quality photo was provided as evidence, but Storkey said once he saw the image, he knew he had to fight the fine.
He believes the image shows the seatbelt across the arm, rather than under it.
"I had a closer look and analysed the image further, I realised the image was taken in the late afternoon sun and was overexposed," he said.
"I could see the seatbelt disappear in the image, (it's) clear on the left side of the image, but on the right side it's impossible to see."
The Queensland driver was facing a maximum penalty of $2875.
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The Department of Transport and Main Roads explained in a letter to Storkey that "infringement notices will be issued if a camera detects the driver or passenger of a vehicle not wearing a seatbelt that is both properly adjusted and fastened."
"The image shows the seatbelt was placed under the arm," the letter reads.
"If you wish to withdraw your court election and pay [the] infringement notice please advise this office by return email and the infringement will be released."
Storkey said the passenger "never" wears his seatbelt under his arm as it makes him "feel unsafe".
Appearing in Southport's Magistrates court earlier this month, he pleaded not guilty and the matter was stood over to January 2024.
