267Exemptions from wearing seatbelts

#### 267 Exemptions from wearing seatbelts 267 Exemptions from wearing seatbelts > > (1) A person is exempt from wearing a seatbelt if— > > > > > (a) the person is authorised by Transport for NSW under rule 268–1 not to comply with rule 268 and is complying with the conditions (if any) of the authorisation, and > > > > > (b) the person is a passenger in or on 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, and the person is not in the front row of seats. > > > > Note 1. > > > > Motor vehicle is defined in the Dictionary. > > > > Note 2. > > > > Subrule (1)(a) is not uniform with the corresponding paragraph in rule 267 of the Australian Road Rules. However, the corresponding paragraph in the Australian Road Rules allows another law of this jurisdiction to exempt a person from wearing a seatbelt. Different rules may apply in other Australian jurisdictions. > > > (1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if— > > > > > (a) the seating position that he or she occupies is not fitted with a seatbelt, and > > > > > (b) there is no requirement for that seating position to be fitted with a seatbelt, and > > > > > (c) all passengers in the vehicle who are exempt from wearing a seatbelt are complying with subrule (8). > > > (1B) Subrule (1A) does not apply to a person who is under 7 years old. > > > (1C) To avoid doubt, subrule (1A) does not authorise a passenger to whom subrule 266(3) or (3A) 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. > > > (2A) Subrule (2) does not apply to a person who is under 7 years old. > > > (3) A person is exempt from wearing a seatbelt if— > > > > > (a) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) is carrying a certificate (other than a medical certificate issued under subrule (3A)), 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 who is in, or on, a motor vehicle is exempt from wearing a seatbelt if— > > > > > (a) the person (or, if the person is a passenger in or on a vehicle, the vehicle’s driver) is carrying a medical certificate that states a medical practitioner believes the person should not wear a seatbelt because of a medical condition or disability the person has, and > > > > > (b) the person is complying with any conditions stated in the medical certificate, and > > > > > (c) no other law of this jurisdiction states that this subrule does not apply. > > > > Note. > > > > Medical certificate and medical practitioner are defined in the Dictionary. > > > (3A–1) (Repealed) > > > (4) However, a person is exempt under subrule (3) or (3A) only if the driver produces the relevant medical certificate or a copy of the certificate— > > > > > (a) for a camera recorded offence—to the Commissioner of Fines Administration— > > > > > > > (i) within 28 days after receiving a penalty notice, or > > > > > > > (ii) during an internal review conducted under the [Fines Act 1996](/view/html/inforce/current/act-1996-099), Part 3, Division 2A, or > > > > > (b) otherwise—to an authorised person immediately after being asked to do so by the authorised person. > > > > Note— > > > > Subrule (4) is not uniform with the corresponding subrule in the Australian Road Rules, rule 267. However, the corresponding paragraph in the Australian Road Rules allows another law of this jurisdiction to exempt a person from wearing a seatbelt. Different rules may apply in other Australian jurisdictions. > > > (4–1) For the purposes of this rule, a medical certificate is not required to display an expiry date if the certificate that belongs to a class of certificates that is exempted, by an order of Transport for NSW, from the requirement to display an expiry date. > > > (5) A person is exempt from wearing a seatbelt if— > > > > > (a) the person is a passenger in or on 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. > > > > Note. > > > > Emergency vehicle and police vehicle are defined in the Dictionary. > > > (6) A person is exempt from wearing a seatbelt if he or she is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle. > > > (6–1) A person who is a passenger in a bus (within the meaning of the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046)) is exempt from wearing a seatbelt (and from any requirement to use a seating position that is fitted with a seatbelt) if— > > > > > (a) the bus is being used to provide a public passenger service (within the meaning of that Act, and > > > > > (b) the bus is specifically designed for use by standing passengers, and > > > > > (c) in the case where the bus has one or more seating positions that are fitted with seatbelts—all of those seating positions are occupied by other passengers. > > > > Example for subrule (6–1). > > > > A passenger may stand in a bus that is fitted with seatbelts, but only if all of the seats with seatbelts are occupied by other passengers. > > > > Note. > > > > This subrule is an additional NSW subrule. There is no corresponding subrule in rule 267 of the Australian Road Rules. > > > (7) If a truck or bus has a sleeper compartment, a two-up driver of the truck or bus is exempt from wearing a seatbelt while he or she occupies the sleeper compartment for rest purposes. > > > > Note. > > > > Bus and truck are defined in the Dictionary. > > > (8) If a vehicle does not have seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this rule must not occupy a seating position that is fitted with a seatbelt or an approved child restraint if the result would be that a passenger who is not exempt from wearing a seatbelt under this rule would be required to occupy a seating position that is not fitted with a seatbelt or an approved child restraint. > > > (8–1) A reference in subrule (8) to an approved child restraint includes a reference to an approved booster seat. > > > > Note 1. > > > > Approved booster seat and approved child restraint are defined in rule 266. > > > > Note 2. > > > > This subrule is an additional NSW subrule. There is no corresponding subrule in rule 267 of the Australian Road Rules. > > > (9) In this rule— > > > > two-up driver means a person accompanying a driver of a truck or bus on a journey, or part of a journey, who has been, is or will be sharing the task of driving the truck or bus during the journey. > > **rule 267:** Am 2016 (412), Sch 1 \[15\]–\[17\]; 2016 No 55, Sch 3.27; 2017 (598), Sch 1 \[5\]–\[9\]; 2020 (476), Sch 1\[38\] \[39\]; 2020 No 30, Sch 4.84\[3\]; 2024 (197), Sch 1\[16\].