9BSeat belt requirements for people in vehicles

9B. Seat belt requirements for people in vehicles

(1) A person must 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.

(2) A person must 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.

(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 —

(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; or

(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; or

(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 ceases to have effect for the purposes of that subsection at the expiration of the period so specified.

[Section 9B inserted: No. 12 of 1985 s. 5; amended: No. 28 of 2001 s. 32; No. 84 of 2004 s. 80; No. 8 of 2025 s. 14 and 15.]