265Wearing of seatbelts by passengers 16 years old or older

#### 265 Wearing of seatbelts by passengers 16 years old or older 265 Wearing of seatbelts by passengers 16 years old or older > > (1) A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subrule (2) if he or she— > > > > > (a) is 16 years old or older, and > > > > > (b) is not exempt from wearing a seatbelt under rule 267. > > > > Maximum penalty—20 penalty units. > > > (2) The passenger— > > > > > (a) must occupy a seating position that is fitted with an approved 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. > > > > Examples of seatbelts being properly adjusted and fastened— > > > > > 1 A lap and sash seatbelt is properly adjusted and fastened for a passenger if— > > > > > > > (a) the seatbelt is secured in the buckle with the lap portion of the belt sitting low and firmly over the passenger’s hips, and > > > > > > > (b) the sash portion of the belt is positioned firmly over the passenger’s shoulder and not under the passenger’s arm furthest from the secured buckle or behind the passenger’s back. > > > > > 2 A lap belt is properly adjusted and fastened for a passenger if the seatbelt is secured in the buckle with the belt sitting low and firmly over the passenger’s hips. > > > > Note 1. > > > > Approved seatbelt is defined in the Dictionary. > > > > Note 2. > > > > Subrule (4) provides that subrule (2)(b) does not apply to passengers holding children under 1 year old in their laps in tow trucks in certain circumstances. Tow truck is defined in the Dictionary. > > > (3) \* \* \* \* \* > > > > Note— > > > > The Australian Road Rules, rule 265(3) has not been reproduced in these rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules. > > > (3–1, 3–2) (Repealed) > > > (4) Subrule (2)(b) does not apply to a passenger in a tow truck who has a child who is less than 1 year old seated in his or her lap— > > > > > (a) if no suitable approved child restraint is fitted and available for use, and > > > > > (b) if the tow truck has 2 or more rows of seats—the passenger is not in the front row of seats. > > > > Note 1. > > > > Approved child restraint is defined in rule 266(7) and tow truck is defined in the Dictionary. > > > > Note 2. > > > > This subrule is not uniform with the corresponding subrule in rule 265 of the Australian Road Rules. Different rules may apply in other Australian jurisdictions. > > **rule 265:** Am 2024 (197), Sch 1\[3\] \[4\].