Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person shall
not, while occupying a seat position in a motor vehicle to which this section
applies and to which a seat belt has been fitted for that seat position, drive
or travel as a passenger in an area to which this section applies unless he is
wearing that seat belt and the seat belt is properly adjusted and securely
fastened.
Penalty: $400 for a first offence and $800 for a
second or subsequent offence.
(2) A person shall
not, in a motor vehicle to which this section applies and to which seat belts
have been fitted and in an area to which this section applies, travel as a
passenger in or on any part of the vehicle other than in a seat position for
which a seat belt has been fitted unless each seat position for which a seat
belt is fitted is occupied.
Penalty: $400 for a first offence and $800 for a
second or subsequent offence.
(3) This section
applies to motor cars and to off-road vehicles but does not apply to motor
cycles.
(4) This section
applies in every area of the State to which the provisions of this Act apply
except —
(a) on a
road; or
(b) on
private land on which the vehicle is used by consent, being private land that
is neither a permitted area nor a prohibited area.
(5) Subject to
subsection (6), it is a defence to a charge of an offence against a
person under subsection (1) or (2) that the person —
(a) is
driving or travelling in a motor vehicle that is travelling backwards;
(b) is
in possession of a certificate signed by a qualified medical practitioner
certifying that the person is unable for medical reasons to wear a seat belt,
or that because of the person’s size, build or other physical
characteristics, it would be unreasonable to require him to wear a seat belt,
while driving or travelling in a motor vehicle;
(c) is
under the age of 3 years; or
(d) is
travelling as a passenger in a motor vehicle and is of or over the age of
70 years.
(6) Where a
certificate of the kind referred to in subsection (5)(b) is expressed to
be of effect for a specified period, the certificate shall cease to have
effect for the purposes of that subsection at the expiration of the period so
specified.
[Section 9B inserted by No. 12 of 1985
s. 5; amended by No. 28 of 2001 s. 32; No. 84 of 2004 s. 80.]