267Exemptions—wearing seatbelt

267 Exemptions—wearing seatbelt (1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if— (a) the seating position that the person 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 subsection (8). (1B) Subsection (1A) does not apply to a person who is under 7 years old. (1C) To avoid doubt, subsection (1A) does not authorise a passenger to whom section 266G (1) or section 266H (1) 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 25km/h. (2A) Subsection (2) does not apply to a person who is under 7 years old. (3A) A person who is in, or on, a motor vehicle is exempt from wearing a seatbelt if— (a) a medical certificate is in force for the person stating that a medical practitioner believes the person should not wear a seatbelt because of a medical condition or disability that the person has; and

(b) the person is complying with any conditions stated in the medical certificate. (4) However, the person is exempt under subsection (3A) only if— person detected by a seatbelt detection system—a copy of the or (b) the person immediately produces the medical certificate when an authorised person or police officer asks to see the certificate. (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. (6) A person is exempt from wearing a seatbelt if the person is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle.

(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 the driver occupies the sleeper compartment for rest purposes. (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 section 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 section would be required to occupy a seating position that is not fitted with a seatbelt or an approved child restraint. (9) In this section: two-up driver means a person accompanying the 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. mentioned in this section (see Criminal Code, s 58). Division 16.5 Other rules for people travelling in or on vehicles