268How persons must travel in or on a motor vehicle

#### 268 How persons must travel in or on a motor vehicle 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. > > > > Maximum penalty—20 penalty units. > > > > 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 seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt. > > > > Maximum penalty—20 penalty units. > > > > 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. > > > > Maximum penalty—20 penalty units. > > > > 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. > > > > Maximum penalty—20 penalty units. > > > > 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. > > > > Maximum penalty—20 penalty units. > > > (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 seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt. > > > > Maximum penalty—20 penalty units. > > > > 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. > > > > Note. > > > > Emergency vehicle, motor bike, and police vehicle are defined in the Dictionary. > > > (6) This rule also does not apply to a person if— > > > > > (a) in all the circumstances, there is no reasonable danger of the person falling or being thrown from the vehicle or being injured because of the person travelling in a manner prohibited by that rule, or > > > > > (b) the person is authorised not to comply with this rule under rule 268–1. > > > > Note. > > > > Subrule (6) is not uniform with the corresponding subrule in rule 268 of the Australian Road Rules. However, the corresponding subrule in the Australian Road Rules allows another law of this jurisdiction to provide for the circumstances when this rule does not apply to a person. Different rules may apply in other Australian jurisdictions. > > > (6–1) This rule does not apply in relation to— > > > > > (a) a driver who is driving a motor vehicle with a person in or on the boot of the vehicle, or > > > > > (b) a person who is travelling in or on the boot of a motor vehicle. > > > > Note 1. > > > > Boot is defined in the Dictionary. > > > > Note 2. > > > > Rule 268–2 prohibits a driver from driving a motor vehicle with a person in the boot or a person travelling in or on a boot. > > > > Note 3. > > > > This Rule is limited to travelling in or on motor vehicles. Rule 268–3 provides for how persons are to travel in or on trailers. Rule 298 makes similar provision in relation to drivers of motor vehicles towing trailers. > > > > Note 4. > > > > This subrule is an additional NSW subrule. There is no corresponding subrule in rule 268 of the Australian Road Rules. > > > (7) For this rule— > > > > enclosed, for a part of a vehicle, means enclosed by— > > > > > (a) the structure of the vehicle, or > > > > > (b) a canopy, cage or other device fitted to the vehicle that is of a kind approved for the purposes of this rule by Transport for NSW. > > > > Note 2. > > > > Paragraph (b) of the definition of enclosed is not uniform with the corresponding paragraph in rule 268 of the Australian Road Rules. However, the corresponding paragraph in the Australian Road Rules allows another law of this jurisdiction to permit the approval of a canopy, cage or other device. Different rules may apply in other Australian jurisdictions. > > **rule 268:** Am 2020 No 30, Sch 4.84\[2\].