How far can you recline your seat before it’s illegal?

Most car seats recline to the point where they are flat, but at what point does it become illegal for the driver and passenger?


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Whether it be for a bit of a laugh or trying to get into a comfortable spot, the urge to recline your car's seats all the way down can be high on boring journeys.

Reclining the seat too far can get not only your driver in trouble but you too – meaning you cop a fine in the hundreds of dollars and a few demerit points too.

But how far is too far when it comes to reclining your seat? Is it the same for the driver and the passenger? How much trouble can you get in? We have all the answers.

How far can you recline your seat in Australia?

All states and territories in Australia define correct seatbelt usage as having the seatbelt properly fitted across your shoulder and across your lap, adjusted and fastened correctly.

Having the seat reclined too far interferes with the positioning and fitment of the seatbelt; this rule extends to both the driver and the passenger. Passengers and drivers "must wear the seatbelt properly adjusted and fastened".

What is defined as 'too far' is not spelled out in any road rule books, but you should have the seatbelt touching your body at all points and not flapping loosely.

It is up to the police officer pulling you over to determine what is unsafe and what is safe, so a surefire way to get a fine is to have the seat flat and your seatbelt not secured.

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What are the fines for reclining a seat too far?

The fines run under the "improper usage or lack of seatbelt" fine across all states. As of the time of writing this article, the penalties are as follows:

New South Wales

A $387 fine plus three demerit points for the driver if they or their passenger are not wearing their seatbelt correctly. The passenger can also be fined the same amount if they are not wearing their belt correctly and are over the age of 16. Learn more here.

NSW actually goes a step further in the rule book by covering the scenario where the passenger's seat is reclined in a way that obstructs the driver's view. That will land you another fine based on Rule 297(2): "A driver must not drive a motor vehicle unless the driver has a clear view of the road, and traffic, ahead, behind and to each side of the driver". This one will run you $330 and three demerit points!

Queensland

In Queensland, you face a whopping $1161 fine and four demerit points for the driver and per passenger who isn't wearing their seatbelt correctly. The passengers can also receive this fine if they are over 16. Learn more here.

Victoria

Drivers cop a $385 fine for themselves or their passengers not wearing a seatbelt correctly and three demerit points in Victoria. The passenger can also be fined. Learn more here.

South Australia

It's a $422 fine and three demerit points for the driver when failing to wear a seatbelt correctly as a passenger or driver in SA. Learn more here.

Australian Capital Territory

In the ACT, the fine for a driver or passenger not having a seatbelt adequately fastened is $353 and three demerit points. Drivers can also be fined for each person travelling in their car without a seatbelt. Learn more here.

Western Australia

In Western Australia, the fine for not wearing a seatbelt properly is $550 and four demerits for an unrestrained driver or passenger, rising in value for every additional unrestrained passenger. Learn more here.

Northern Territory

The fine for a driver or passenger not wearing a seatbelt correctly in the NT is $500 and three demerit points. Learn more here.

Tasmania

In Tasmania, penalties for seatbelt and child restraint offences now range from a $300 to $350 fine and three demerit points for drivers and a $300 fine for passengers. Learn more here.

Zane Dobie comes from a background of motorcycle journalism, working for notable titles such as Australian Motorcycle News Magazine, Just Bikes and BikeReview. Despite his fresh age, Zane brings a lifetime of racing and hands-on experience. His passion now resides on four wheels as an avid car collector, restorer, drift car pilot and weekend go-kart racer.

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