264ADriver must ensure passengers comply with seatbelt requirements

264A Driver must ensure passengers comply with seatbelt requirements

(1) The driver of a motor vehicle (other than a bus, public minibus or taxi) that is moving, or is stationary but not parked, must ensure that each passenger—

(a) occupies a seating position that is fitted with an approved seatbelt; and

(b) wears the seatbelt.

2 Driver is defined in rule 16. Bus and motor vehicle are defined in the Road Safety Act 1986. Approved seatbelt, park, public minibus and taxi are defined in the dictionary.

(2) Subrule (1) does not apply if—

(a) the passenger is exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C; or

(b) the passenger is under 16 years old and the driver is complying with rule 266(1)(a) in respect of the passenger.

(3) For the purposes of the definition of seatbelt offence in section 84(8) of the Act, the offence under subrule (1) is a seatbelt offence.

(4) For the purposes of the definition of camera detected seatbelt offence in section 84AB(3) of the Act, the offence under subrule (1) is a camera detected seatbelt offence.

Rule 265 substituted by S.R. No. 7/2023 rule 11.