267Exemptions from wearing seatbelts

267 Exemptions from wearing seatbelts

(1) A person is exempt from wearing a seatbelt if: (a) the person is exempt from wearing a seatbelt under another law of this jurisdiction and is complying with the conditions (if any) of the exemption; and (b) if the person is a passenger in a motor vehicle with 2 or more rows of seats and there is not another law of this jurisdiction permitting the person to sit in the front row of seats—the person is not in the front row of seats.

Note: Motor vehicle is defined in the dictionary.

(1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if the vehicle: (a) has no seatbelts fitted; and (b) is not required to have any seatbelts fitted. (1B) To avoid doubt, subrule (1A) does not authorise a passenger to whom subrule 266(3) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats. (2) A person in or on a motor vehicle is exempt from wearing a seatbelt if: (a) the person is engaged in the door‑to‑door delivery or collection of goods, or in the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; and (b) the vehicle is not travelling over 25 kilometres per hour. (3) A person is exempt from wearing a seatbelt if: (a) the person (or, for a passenger, the driver of the vehicle in which the person is a passenger) is carrying a certificate (other than a medical certificate), issued under another law of this jurisdiction, stating that the person is not required to wear a seatbelt; and (b) the person is complying with the conditions (if any) stated in the certificate. (3A) A person is exempt from wearing a seatbelt if: (a) he or she (or, if he or she is a passenger in a vehicle, the vehicle’s driver) is carrying a medical certificate that: (i) states that he or she is not required to wear a seatbelt; and (ii) displays a date of issue; and (iii) displays an expiry date that is a date not more than 12 months after the date of issue; and (iv) has not expired; and (b) he or she is complying with any conditions stated in the certificate. (4) However, a person is not exempt under subrule (3) or (3A) if the person (or, for a passenger, the driver of the vehicle in which the person is a passenger) does not immediately produce the certificate mentioned in the subrule for inspection when a police officer or authorised person asks the person (or the driver) whether the person is exempt from wearing a seatbelt.

Note: Authorised person and police officer are defined in the dictionary.

(5) A person is exempt from wearing a seatbelt if: (a) the person is a passenger in a police or emergency vehicle; and (b) either: (i) if the vehicle has 2 or more rows of seats—the person is not in the front row of seats or there is not a seating position available for the person in another row of seats; or (ii) if the vehicle is a police vehicle and has a caged, or other secured, area designed for the carriage of passengers—the person occupies a seating position in that area.