Western Australian Consolidated Regulations

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ROAD TRAFFIC CODE 2000 - REG 236

236 .         Passenger to wear seat belt

        (1)         A person shall not, while occupying a seat position with a seat belt fitted in a motor vehicle, travel upon a road as a passenger unless the person is wearing the seat belt, and it is properly adjusted and securely fastened.

        Modified penalty: 10 PU

        (2)         It is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that —

            (a)         the person was under 16 years of age at the relevant time;

            (b)         the person had a medical certificate at the relevant time and, if required to do so, produced the medical certificate;

            (c)         at the relevant time —

                  (i)         the person was engaged in work that required the person to alight from and re-enter the vehicle at frequent intervals; and

                  (ii)         the vehicle was being driven at a speed not exceeding 25 km/h;

            (d)         at the relevant time the passenger was lawfully detained by an officer of a detention centre (as defined in section 3 of the Young Offenders Act 1994 ) or an officer of a prison; or

            (e)         at the relevant time one or more of the passengers was undergoing or giving bona fide medical treatment.

        [Regulation 236 amended in Gazette 22 Dec 2006 p. 5821; 5 Apr 2007 p. 1557; 13 Nov 2009 p. 4602.]



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