268How 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.

Penalty:  Fine not exceeding 10 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.

Penalty:  Fine not exceeding 10 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.

Penalty:  Fine not exceeding 5 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.

Penalty:  Fine not exceeding 5 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.

Penalty:  Fine not exceeding 10 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 –