National Transport Commission (Road Transport Legislation - Australian Road Rules) Regulations 2006
265Wearing of seatbelts by passengers 16 years old or older
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265 Wearing of seatbelts by passengers 16 years old or older
(1) The driver of a motor vehicle (except a bus or taxi) that is moving, or 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 (3), unless the passenger is exempt from wearing a seatbelt under rule 267.
Offence provision.
Note: Bus, motor bike, motor vehicle, park and taxi are defined in the dictionary.
(2) A passenger in or on a motor vehicle that is moving, or is stationary but not parked, must comply with subrule (3) if the passenger: (a) is 16 years old or older; and (b) is not exempt from wearing a seatbelt under rule 267.
Offence provision.
(3) The passenger: (a) must occupy a seating position: (i) that is fitted with a seatbelt; and (ii) that is not occupied by a person who is not exempt, under rule 267, from wearing a 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. (4) If a vehicle does not have seatbelts fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under rule 267 must not occupy a seating position that is fitted with a seatbelt if the result would be that a passenger who is not exempt from wearing a seatbelt under that rule would be required to occupy a seating position that is not fitted with a seatbelt.
Offence provision.