TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 266
Seatbelt requirements for passengers under 16 years old
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 266
Seatbelt requirements for passengers under 16 years old
266 Seatbelt requirements for passengers under 16 years old
(1) This section states, for section 264A, the requirements applying to a
passenger in or on a motor vehicle who is under 16 years old.
(2) If the
passenger is less than 6 months old, the passenger must be restrained in a
suitable and properly fastened and adjusted rearward facing approved child
restraint.
(2A) If the passenger is 6 months old or older, but is less than 4
years old, the passenger must be restrained in a suitable and properly
fastened and adjusted—
(a) rearward facing approved child restraint; or
(b)
forward facing approved child restraint that has an inbuilt harness.
(2B) If
the passenger is 4 years old or older, but is less than 7 years old, the
passenger 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—
(i) a lap and sash type approved seatbelt that is properly
adjusted and fastened; or
(ii) a suitable approved child safety harness that
is properly adjusted and fastened; or
(c) if the passenger is seated in a
seating position in a part of the vehicle that is designed primarily for the
carriage of goods—
(i) be restrained by an approved seatbelt of a lap and
sash type that is properly adjusted and fastened; or
(ii) have the midsection
of his or her body restrained by an approved seatbelt of a lap type that is
properly adjusted and fastened, and have his or her upper body restrained by
an approved child safety harness that is properly adjusted and fastened.
(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 in the row or rows
behind the front row—
(a) all of the other seats are occupied by passengers
who are also less than 7 years old; or
(b) there is no remaining seating
position in which the passenger can sit in accordance with this section
because of the occupation of other seats, in compliance with this section, by
passengers who are also less than 7 years old.
Example—
This subsection
would permit a passenger who is 6 years old to sit in the front row of a
vehicle that has 2 rows of seats if 2 occupied approved child restraints in
the back row encroached on an empty seating position between them in a way
that made it impossible for another approved child restraint or booster seat
to be placed in that position.
(4) If the passenger is 7 years old or older
but under 16 years old—
(a) the passenger must be restrained in a suitable
approved child restraint that is properly adjusted and fastened; or
(b) the
passenger—
(i) must occupy a seating position that is fitted with a suitable
approved 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 section 267); and
(iii) must wear the seatbelt properly
adjusted and fastened.
(4B) If a passenger can not safely be restrained as
required by subsection (2) because of the passenger’s height or weight, the
passenger must be restrained as if subsection (2A) applied to the passenger.
(4C) If a passenger can not safely be restrained as required by subsection
(2A) or (4B) because of the passenger’s height or weight, the passenger must
be restrained as if subsection (2B) applied to the passenger.
(4D) If a
passenger can not safely be restrained as required by subsection (2B) or (4C)
because of the passenger’s height or weight, the passenger must be
restrained as if subsection (4) applied to the passenger.
(4E) In the case of
a passenger sitting in a seating position that is fitted with a lap and sash
type seatbelt, it is sufficient compliance with subsection (2B) (b) or (4) (b)
(iii) , as the case may be, if, instead of using the sash part of the
seatbelt, an approved child safety harness that is properly adjusted and
fastened is used to restrain the upper body of the passenger.
(6) For this
section—
(a) an approved child restraint is available in the motor vehicle
for a passenger if an approved child restraint is fitted in the vehicle and is
not occupied by someone else under 16 years old; and
(b) an approved child
restraint or approved seatbelt is suitable for a passenger if it is suitable
for restraining, or to be worn by the passenger.
(6A) For this section, a
child restraint that is properly fastened and adjusted—
(a) is forward
facing if, once it restrains a passenger, the passenger’s head is closer to
the rear of the vehicle than the passenger’s feet; or
(b) is rearward
facing if, once it restrains a passenger, the passenger’s feet are closer to
the rear of the vehicle than the passenger’s head.
(7) In this section—
"approved booster seat" means—
(a) a booster seat or cushion that complies
with—
(i) AS/NZS 1754; or
(ii) another standard the chief executive
considers is at least equal to that standard; or
(b) a child restraint
that—
(i) is incorporated in a vehicle; and
(ii) is of a type mentioned
in—
(A) the Vehicle Standard (Australian Design Rule 34/01—Child Restraint
Anchorages and Child Restraint Anchor Fittings) 2005 (Cwlth) , clause 34.8; or
(B) the Vehicle Standard (Australian Design Rule 34//02—Child Restraint
Anchorages and Child Restraint Anchor Fittings) 2012 (Cwlth) , clause 34.9;
and
