266Wearing of seatbelts by passengers under 16 years old

266 Wearing of seatbelts by passengers under 16 years old

(1) The driver of a motor vehicle (except a bus or motor bike) that is moving, or is stationary but not parked, must ensure that this rule is complied with for each passenger in or on the vehicle who is under 16 years old.

Offence provision.

Note: Bus, motor bike, motor vehicle and park are defined in the dictionary.

(2) If the passenger is under 1 year old, and not exempt from wearing a seatbelt under rule 267, the passenger must be restrained in a suitable approved child restraint that is properly fastened and adjusted, unless the driver is exempt from this subrule under subrule (5).

Note: Approved child restraint is defined in subrule (7).

(3) If the passenger is under 1 year old, and the motor vehicle has 2 or more rows of seats, he or she must not be in the front row of seats. (4) If the passenger is at least 1 year old but under 16 years old, and is not exempt from wearing a seatbelt under rule 267: (a) he or she must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or (b) he or she: (i) must occupy a seating position that is fitted with a suitable seatbelt; and (ii) 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 (iii) must wear the seatbelt properly adjusted and fastened. (4A) If a vehicle does not have seatbelts or child restraints 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 or child restraint 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 or child restraint. (5) The driver of a public minibus or taxi is exempt from subrule (2) in relation to a passenger if: (a) there is no suitable approved child restraint available in the minibus or taxi for the passenger; and (b) if the minibus or taxi has 2 or more rows of seats—the passenger is not in the front row of seats; and (c) there is not another law of this jurisdiction requiring all passengers in a minibus or taxi who are under 1 year old to be restrained in an approved child restraint.

Note: Public minibus and taxi are defined in the dictionary.

(6) For this rule: (a) an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and (c) an approved child restraint or seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger. (7) In this rule: