265Wearing seatbelt and seating position—passenger

265 Wearing seatbelt and seating position—passenger 16 years old or older (1) A passenger in or on a motor vehicle that is moving, or is stationary but not parked, must comply with subsection (2) if the passenger is 16 years old or older. (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 section 267); and (c) must wear the seatbelt properly adjusted and fastened. Examples—seatbelts 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 their hips; and (b) the sash portion of the belt is positioned firmly over their shoulder and not under their arm furthest from the secured buckle or behind their 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 their hips. (3) Subsection (2) (a) and (c) do not apply if the passenger is exempt from wearing a seatbelt under section 267.

Division 16.2 Wearing seatbelts and seating positions—drivers and passengers (4) Subsection (2) (b) does not apply to a passenger in a bus, public minibus, taxi, hire car or tow truck who has a child who is under 1 year old seated on their lap if— (a) no suitable approved child restraint is fitted and available for use; and (b) if the bus, minibus, taxi, hire car or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats. mentioned in s (3) and s (4) (see Criminal Code, s 58).