Harnessing AI: Seatbelts and the Law in Queensland

Abstract

In November 2021, the Queensland Government introduced the Camera Detected Offence Program (‘CDOP’) and began issuing infringement notices for non-compliance with seatbelt laws. Since then, more than 130,000 drivers have been issued with infringement notices. The CDOP employs a two-stage process in which Artificial Intelligence (‘AI’) flags images with a potential infringement for review by authorised officers. The fine is currently $1,251 and four demerit points. This article focuses on infringement notices issued to drivers in circumstances where it is alleged that a passenger is either not wearing a seatbelt or is wearing it incorrectly. It identifies several concerning features of the infringement process: (a) the accuracy and validity (given the program’s short track-record) of the CDOP for detecting offences; (b) that the accused driver must rebut a presumption that the passenger was not properly wearing a seatbelt; (c) that there is a significant financial risk in seeking to rebut that presumption; and (d) that criminal liability is imposed on a driver for the conduct of another. The article concludes by proposing law reform to improve transparency and access to justice in these infringement proceedings and argues for lengthier controlled trials to establish the accuracy of the CDOP.