Document ID: chunk:federal_register_of_legislation:F2016C00534:clause:1_265:p1
Version: federal_register_of_legislation:F2016C00534
Segment Type: clause
Provision Reference: sch 1 cl 265 (pt 1/4)
Character Range: 5000–7463

265  Wearing of seatbelts by passengers 16 years old or older
 (1) A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subrule (2) if he or she:
 (a) is 16 years old or older; and
 (b) is not exempt from wearing a seatbelt under rule 267.
Offence provision.
 (2) The passenger:
 (a) must occupy a seating position that is fitted with a seatbelt; and
 (b) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and
 (c) must wear the seatbelt properly adjusted and fastened.
 (3) The driver of a motor vehicle (except a bus or taxi) that is moving, or that is stationary but not parked, must ensure that each passenger in or on the vehicle who is 16 years old or older complies with subrule (2), unless the passenger is exempt from wearing a seatbelt under rule 267.
Offence provision.
Note: Bus, motor vehicle, park and taxi are defined in the dictionary.

[2]  Subrules 266(3) and (4), including the note
substitute
 (3) If the passenger is under 1 year old, and the motor vehicle has 2 or more rows of seats, he or she must not be in the front row of seats.
 (4) If the passenger is at least 1 year old but under 16 years old, and is not exempt from wearing a seatbelt under rule 267:
 (a) he or she must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or
 (b) he or she:
 (i) must occupy a seating position that is fitted with a suitable seatbelt; and
 (ii) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and
 (iii) must wear the seatbelt properly adjusted and fastened.

[3]  Paragraph 266(6)(b)
omit

[4]  After subrule 267(1), including the note
insert
 (1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if:
 (a) the seating position that he or she occupies is not fitted with a seatbelt; and
 (b) there is no requirement for that seating position to be fitted with a seatbelt; and
 (c) all passengers in the vehicle who are exempt from wearing a seatbelt are complying with subrule (8).
 (1B) Subrule (1A) does not apply to a person who is under 1 year old.
 (1C) To avoid doubt, subrule (1A) does not authorise a passenger to whom subrule 266(3) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows