266Driver must ensure passengers under 16 years old are appropriately secured

266 Driver must ensure passengers under 16 years old are appropriately secured

(1) The driver of a motor vehicle (except a bus or motor bike) that is moving, or is stationary but not parked, must ensure that—

(a) each passenger in or on the motor vehicle who is under 16 years old is appropriately secured; and

(b) if the motor vehicle has 2 or more rows of seats—

(i) any passenger who is under 4 years old is not seated in the front row of seats; and

(ii) any passenger who is 4 years old or older, but is less than 7 years old is not seated in the front row of seats unless in the row or rows behind the front row—

(A) all of the other seats are occupied by passengers who are also less than 7 years old; or

(B) there is no empty seating position in which the passenger can sit in accordance with rule 266A.

Subparagraph (ii) would permit a 6 year old to sit in the front row of a vehicle that has 2 rows of seats if 2 occupied approved child restraints in the back row encroached on an empty seating position between them in a way that made it impossible for another approved child restraint or booster seat to be placed in that position.

Bus and motor vehicle are defined in the Road Safety Act 1986. Motor bike and park are defined in the dictionary.

(2) Subrule (1)(a) does not apply in relation to a passenger who is exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C.

(3) Subrule (1)(b) does not apply in relation to a passenger who is exempt from the restriction on being seated in the front row of a motor vehicle under rule 267(4).

(4) For this rule—

(a) an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and

(b) an approved child restraint or approved seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by, the passenger.

(5) In this rule, unless subrule (2) applies—

appropriately secured means secured in accordance with rule 266A.