ROAD SAFETY ROAD RULES 2017 - REG 267 Exemptions from wearing seatbelts—certificate exempting person

ROAD SAFETY ROAD RULES 2017 - REG 267

Rule 267(1) amended by S.R. No. 153/2019 rule 4(Sch.  1 item 13).

    (1)     The Secretary may issue a certificate stating—

        (a)     that it is impracticable, undesirable or inexpedient that the person, or class of persons, named in the certificate wear a seatbelt; and

        (b)     any conditions to which the certificate is subject.

    (2)     A person is exempt from wearing a seatbelt if—

Rule 267(2)(a) amended by S.R. No. 153/2019 rule 4(Sch.  1 item 13).

        (a)     the Secretary has certified that it would be impracticable, undesirable or inexpedient for the person, or a class of persons of which the person concerned is a member, to wear a seatbelt; and

        (b)     the person complies with the conditions stated in the certificate (if any) and those imposed under subrule (5); and

        (c)     in the case of a person who is a passenger in or on a motor vehicle with 2 or more rows of seats—the person is not in the front row of seats.

    (3)     A person is exempt from wearing a seatbelt or being restrained in an approved child restraint or being placed on an approved booster seat if—

        (a)     a registered medical practitioner has issued a certificate stating that, because of a disability or medical condition, it is impracticable, undesirable or inexpedient that the person wear a seatbelt or be restrained in an approved child restraint or be placed on an approved booster seat (as the case may be); and

        (b)     the certificate—

              (i)     is signed by a registered medical practitioner; and

              (ii)     states an expiry date; and

              (iii)     has not expired; and

        (c)     the person, or the driver of the vehicle in or on which the person to whom it applies is travelling, complies with the conditions stated in the certificate (if any) and those imposed under subrule (5); and

        (d)     in the case of a person who is a passenger in or on a motor vehicle with 2 or more rows of seats—the person is not in the front row of seats unless subrule (4) applies.

Rule 267(4) amended by S.R. No. 7/2023 rule 13(1).

    (4)     A person who is less than 7 years old is exempt from the restriction under rules 266(1)(b) and 266A(4)(c) from being seated or placed in the front row of a vehicle if—

        (a)     a registered medical practitioner has issued a certificate stating that, because of a disability or medical condition, the person should be permitted to travel in the front row of a motor vehicle; and

        (b)     the certificate—

              (i)     is signed by a registered medical practitioner; and

              (ii)     states an expiry date; and

              (iii)     has not expired; and

        (c)     the driver of the motor vehicle in or on which the person to whom it applies is travelling complies with the conditions stated in the certificate (if any) and those imposed under subrule (5).

    (5)     A certificate issued under this rule is subject to the condition that—

        (a)     the certificate is carried in the vehicle in or on which the person to whom it applies is travelling; and

Rule 267(5)(b) amended by S.R. No. 7/2023 rule 13(2)(a).

        (b)     the certificate is produced by the person, or the driver of the vehicle, when requested to do so by a police officer or authorised person; and

Rule 267(5)(c) inserted by S.R. No. 7/2023 rule 13(2)(b).

        (c)     the certificate is produced or uploaded in accordance with a requirement specified in an infringement notice for a camera detected seatbelt offence by the person to whom the infringement notice is issued.

Note

Camera detected seatbelt offence is defined in the Road Safety Act 1986 .