AUSTRALIAN ROAD RULES - REG 265
AUSTRALIAN ROAD RULES - REG 265
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 the passenger—
(a) is
16 years old or older; and
(b) is
not exempt from wearing a seatbelt under rule 267.
Offence provision.
(a) must
occupy a seating position that is fitted with an approved 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.
Examples of seatbelts being properly adjusted and fastened—
1 A lap and sash seatbelt is properly adjusted and
fastened for a passenger if—
(a) the
seatbelt is secured in the buckle with the lap portion of the belt sitting low
and firmly over the passenger's hips; and
(b) the
sash portion of the belt is positioned firmly over the passenger's shoulder
and not under the passenger's arm furthest from the secured buckle or behind
the passenger's back.
2 A lap belt is properly adjusted and fastened for
a passenger if the seatbelt is secured in the buckle with the belt sitting low
and firmly over the passenger's hips.
Note 1—
"Approved seatbelt" is defined in the dictionary.
Note 2—
Subrule (4) provides that subrule (2)(b) does not apply to
passengers holding children under 1 year old in their laps on buses,
minibuses, taxis and tow trucks in certain circumstances. "Bus" and "taxi" are
defined in the dictionary.
(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.
(4)
Subrule (2)(b) does not apply to a passenger in a bus, minibus, taxi or
tow truck who has a child who is less than 1 year old seated in his or her lap
if no suitable approved child restraint is fitted and available for use and if
the bus, minibus, taxi or tow truck has 2 or more rows of seats—the
passenger is not in the front row of seats.
Note—
"Approved child restraint" is defined in rule 266(7).
(5) Subrule (3)
does not apply to the driver of a correctional vehicle, juvenile justice
vehicle or sheriff's vehicle if either—
(a) the
vehicle has 2 or more rows of seats and the passenger is not in the front row
of seats or there is not a seating position available for the passenger in
another row of seats; or
(b) the
vehicle has a caged, or other secured, area designed for the carriage of
passengers and the passenger occupies a seating position in that area.
Note—
"Correctional vehicle", "juvenile justice vehicle" and "sheriff's vehicle" are
defined in the dictionary.