National Transport Commission (Road Transport Legislation - Australian Road Rules) Regulations 2006
268How persons must travel in or on a motor vehicle
Start here
Get a plain-English read of 268
Turn the raw legal text into a practical explanation grounded in National Transport Commission (Road Transport Legislation - Australian Road Rules) Regulations 2006.
268 How persons must travel in or on a motor vehicle
(1) A person must not travel in or on a part of a motor vehicle that is not a part designed primarily for the carriage of passengers or goods.
Offence provision.
Note: Motor vehicle is defined in the dictionary.
(2) A person must not travel in or on a part of a motor vehicle that is a part designed primarily for the carriage of goods unless: (a) the part is enclosed; and (b) he or she occupies a seat that is suitable for the size and weight of the person.
Offence provision.
Note 1: Enclosed is defined in subrule (7).
Note 2: Rule 265 deals with the wearing of seatbelts by passengers 16 years old or older, and rule 266 deals with the wearing of seatbelts by passengers under 16 years old.
(3) A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle, unless the person is the driver of the vehicle and is giving a hand signal: (a) for changing direction to the right in accordance with rule 50; or (b) for stopping or slowing in accordance with rule 55.
Offence provision.
Note: Window is defined in the dictionary.
(4) The driver of a motor vehicle (except a bus) must not drive with a passenger if any part of the passenger’s body is outside a window or door of the vehicle.
Offence provision.
Note: Bus is defined in the dictionary.
(4A) The driver of a motor vehicle must not drive with a passenger in or on a part of the vehicle that is not a part designed primarily for the carriage of passengers or goods.
Offence provision.
(4B) The driver of a motor vehicle must not drive with a passenger in or on a part of the vehicle that is a part designed primarily for the carriage of goods unless: (a) the part is enclosed; and (b) the person occupies a seat that is suitable for the size and weight of the person.
Offence provision.
Note: Rule 265 deals with the wearing of seatbelts by passengers 16 years old or older, and rule 266 deals with the wearing of seatbelts by passengers under 16 years old.
(5) This rule does not apply to a person who is: (a) in or on a police or emergency vehicle; or (b) on a motor bike; or (c) engaged in the door‑to‑door delivery or collection of goods, or in the collection of waste or garbage, in or on a motor vehicle that is not travelling over 25 kilometres per hour.