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.

(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) the person occupies a seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt.

1 Enclosed is defined in subrule (7).

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.

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.

Bus is defined in the Road Safety Act 1986.

(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.

(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—

(a) the part is enclosed; and

(b) the person occupies a seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt.

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.

(5) This rule does not apply to a person who is—

(a) in or on a police vehicle, emergency vehicle or enforcement vehicle; or

(b) on a motor bike; or

(c) engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, in or on a motor vehicle that is not travelling over 25 kilometres per hour.

Emergency vehicle, , , and are defined in the dictionary.