Back
Politics

AI Safety Cameras Intensify Road Safety Enforcement in Western Australia, Prompting Public Debate and Legal Challenges; New South Wales Expands Similar Capabilities

View source

Western Australia's AI-powered safety cameras have detected over 40,000 infringements since penalties began in October 2025, leading to significant fines and demerit points for drivers. The cameras, designed to identify incorrect seatbelt use and mobile phone violations, have generated public debate regarding enforcement fairness and prompted drivers to appeal penalties. Authorities are currently reviewing the system and its associated legislation. Concurrently, New South Wales has begun implementing bi-directional capabilities for its existing mobile phone and seatbelt detection cameras, aiming to double monitoring capacity across the state.

Western Australia's AI Safety Camera Implementation and Enforcement

Launch and Initial Enforcement

AI safety cameras were introduced in Western Australia (WA) in early 2025. Following an eight-month caution period, fines and demerit points for detected violations have been applied since October 8, 2025. The system utilizes AI software to identify potential infractions, with images subsequently reviewed by a police officer or authorized individual before infringements are issued.

Significant Infringements and Financial Impact

In the first month of penalty enforcement in December 2025, over 31,000 fines were reported. Over a 19-week period ending February 18, 36,262 seatbelt violations were detected, contributing to over 40,000 penalties issued in the first six months of operation. These infringements have amounted to nearly $20 million in fines and over 145,000 demerit points. Authorities estimate this technology has led to an eightfold increase in seatbelt-related infringements, which now account for approximately one-third of all fines issued by AI cameras.

Legal Framework and Policies

WA law stipulates that drivers are responsible for ensuring passengers correctly wear seatbelts. The cameras primarily monitor front seats, and a state government spokesperson advised that children and other vulnerable occupants should travel in rear seats. Medical exemptions for seatbelt use can be obtained from a General Practitioner and used during the appeal process. Funds generated from camera infringements are directed to the Road Trauma Trust Account for road safety initiatives. A process is also underway to waive subsequent penalties if multiple offenses are detected before the first notice arrives.

Driver Experiences and Public Concerns

Drivers across Western Australia have reported receiving infringements for situations they describe as challenging to control or observe.

Challenges with Passenger Actions

Several drivers received fines after children momentarily adjusted their seatbelts or had an arm out of a restraint, questioning the expectation of immediate correction on busy freeways.

A P-plater lost her license for three months and received a fine during a double-demerit period after her passenger was detected with an incorrectly worn seatbelt, stating she was unaware of the passenger's seatbelt position and suggesting passenger accountability. Another driver accumulated 36 demerit points and multiple fines for consistently wearing his seatbelt under his arm, a habit he stated he was unaware was an issue until fines arrived. He also received a fine for his partner's similar passenger seatbelt use.

Medical and Comfort-Related Incidents

Instances include fines for a front-seat passenger with a shoulder injury and a new mother with mastitis adjusting their seatbelts for comfort. One man received a fine after his wife, who later died from cancer, was photographed easing her seatbelt.

Systemic Issues and Personal Impact

A man with a medical exemption for not wearing a seatbelt received nearly 200 demerit points and $20,000 in fines. Although most were withdrawn, the process was described as time-consuming. A disability support worker expressed concern that fines might deter her from transporting clients who may not understand the importance of seatbelt use, potentially increasing social isolation for people with disabilities.

Calls for Discretion and Education

Drivers and critics, including Shadow Road Safety Minister Julie Freeman, argue that automated enforcement reduces opportunities for police officers to provide immediate education or exercise discretion, unlike traditional traffic stops.

Official Responses, Reviews, and Legal Challenges

Authorities' Stance and Initial Reactions

WA Road Safety Commissioner Adrian Warner affirmed driver responsibility for passenger conduct and acknowledged that cameras provide less discretionary judgment than police officers. He encouraged appeals for those who believe their penalty is unfair, stating the cameras' aim is to change behavior rather than generate revenue. Police Commissioner Col Blanch acknowledged the possibility of rare errors and noted the ongoing evolution of AI systems, emphasizing that seatbelt-related incidents contribute to one in five road deaths in WA. Police Minister Reece Whitby had previously stated that significant revenue would be generated if driver behavior did not change.

Government Review and Calls for Reassessment

The WA Government is facing calls to reassess the system, with critics deeming the approach unfair, particularly for provisional drivers who have lost licenses due to passenger actions during double demerit periods. Premier Roger Cook stated the importance of an appeals process, and Transport Minister Rita Saffioti announced plans to seek further advice regarding resources for handling appeals, following reports of long hold times with the Department of Transport.

The Road Safety Commission is currently reviewing WA's AI camera legislation and associated penalties, with recommendations expected next year. Considerations include transferring demerits and fines from drivers to adult licensed passengers and issuing warnings for initial offenses to drivers with good records. However, transport and public policy expert Ross Taylor criticized the review timeline as too slow.

Legal Ramifications and Precedents

Legally, Maurice Blackburn lawyers have indicated that strict liability applies to camera-detected seatbelt offenses, meaning intent or knowledge of the violation is not required for a fine. Legal recourse is primarily limited to cases where a fine was wrongly issued due to a camera misreading a correctly worn seatbelt. Perth motorists are initiating legal challenges against these fines. Barrister and solicitor Tom Dellar suggested that an "honest and reasonable mistake" defense might apply if a driver genuinely believed their passenger was correctly belted.

In a related case, a Queensland driver successfully contested a fine issued by a similar camera after his passenger positioned a seatbelt under their arm. Magistrate Kerry Magee overturned the fine, determining it was unreasonable to expect a driver to continuously monitor a passenger's seatbelt. Legal experts suggest this ruling could be persuasive in future court cases in Queensland, though the "honest and reasonable mistake" defense often does not apply to "absolute liability" traffic offenses in other jurisdictions.

New South Wales Enhances Roadside Camera Capabilities

Bi-directional Camera Rollout

Starting March 1, New South Wales (NSW) mobile phone and seatbelt detection cameras will operate at full bi-directional capacity on single-lane roads. This enhancement is designed to double the monitoring capability of existing cameras, which were previously limited to monitoring up to two lanes in one direction. The update responds to a 12 percent increase in vehicle registrations across the state, from 6.7 million to 7.5 million, according to Transport for NSW (TfNSW) Secretary Josh Murray. The rollout of expanded bi-directional capability is expected to take about six months to complete, with fixed cameras remaining unchanged.

Program Scope and Impact

NSW currently operates 10 transportable mobile phone and seatbelt detection cameras. The program, which began with mobile phone detection approximately seven years ago and added seatbelt offenses in 2024, aims to check each registered vehicle in NSW an average of at least 20 times annually. Data from 2025 indicates that approximately one in every 1,300 vehicles checked by these cameras had a seatbelt offense, while around one in every 1,200 were detected using a mobile phone illegally. This represents a reduction from one in every 400 cars when initial enforcement for mobile phone offenses began. Murray stated that the program has contributed to saving lives by influencing driver behavior.

Penalties and Revenue Allocation

In NSW, penalties for illegal mobile phone use include a $423 fine (or $562 in a school zone) and 5 demerit points, which increase to 10 during double demerit periods. Incorrect seatbelt wearing incurs a $423 fine and 3 demerit points. Revenue generated from these infringements is allocated to road safety initiatives.