265Wearing 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.

Penalty:  Fine not exceeding 10 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.

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 one year old in their laps on buses, taxis and tow trucks in certain circumstances. Bus and taxi are defined in the dictionary.

(3)  The driver of a motor vehicle (except a bus or taxi) that is moving, or that is stationary but not parked, must ensure that each passenger in or on the vehicle who is 16 years old or older complies with subrule (2), unless the passenger is exempt from wearing a seatbelt under rule 267.

Penalty:  Fine not exceeding 10 penalty units.

Note Bus, motor vehicle, park and taxi are defined in the dictionary.

(4)  Subrule (2)(b) does not apply to a passenger in a bus, taxi or tow truck who has a child who is less than one year old seated in his or her lap if no suitable approved child restraint is fitted and available for use and if the bus, taxi or tow truck has 2 or more rows of seats – the passenger is not in the front row of seats.

Note Approved child restraint is defined in rule 266(7).

(5)  Subrule (3) does not apply to the driver of a correctional vehicle or juvenile justice vehicle if either –