Document ID: chunk:federal_register_of_legislation:F2016C00558:schedule:1:p3
Version: federal_register_of_legislation:F2016C00558
Segment Type: schedule
Provision Reference: sch 1 (pt 3/6)
Character Range: 8185–10593

because of his or her height or weight.
 (2B) If the passenger is 4 years old or older, but is less than 7 years old, he or she must –
 (a) be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or
 (b) be placed on a properly positioned approved booster seat and be restrained by a seatbelt that is properly adjusted and fastened.
Note 1: Approved child restraint and approved booster seat are defined in subrule (7) and forward facing is defined in subrule (6A).
Note 2: See subrule (4D) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.
Note 3: In relation to paragraph (b), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.".
 (2) For rule 266(3) substitute –
 "(3) A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats.
 (3A) A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless all of the other seats in the row or rows behind the front row are occupied by passengers who are also under 7 years old.".
 (3) In rule 266 –
 (a) in subrule (4):
 (i) for "at least 1 year old" substitute "7 years old or older";
 (ii) omit ", and is not exempt from wearing a seatbelt under rule 267";
 (iii) after paragraph (b)(iii) insert:
"Note: In relation to paragraph (b)(iii), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.".
 (b) in subrule (5), for "subrule (2)" substitute "subrules (2), (2A) and (2B)";
 (c) in subrule (5)(c), for "under 1 year old" substitute "the same age as the passenger";
 (d) in subrule (6)(c), for "(c)" substitute "(b)".
 (4) After rule 266(4) insert –
 "(4A) Subrules (2), (2A), (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under rule 267.
 (4B) If a passenger cannot safely be restrained as required by subrule (2) because of his or her height or weight, he or she must be restrained as if subrule (2A) applied to him or her.
 (4C) If a passenger cannot safely be restrained as required by subrule (2A) or (4B) because of his or her height or weight, he or she must be restrained as if subrule (2B) applied