264Wearing of seatbelts by drivers

264 Wearing of seatbelts by drivers The driver of a motor vehicle that is moving, or is stationary but not parked: (a) must occupy a driver's 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 rule 267); and (c) must wear the seatbelt fitted to the driver's seating position properly adjusted and fastened, unless the driver is reversing the vehicle or exempt from wearing a seatbelt under rule 267. 1 Driver is defined in rule 16, and approved seatbelt, motor vehicle and park 2 Rule 267 provides exemptions from wearing seatbelts. 265 Wearing of seatbelts by passengers 16 years old or older (1) A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subrule (2) if he or she: (a) is 16 years old or older; and (b) is not exempt from wearing a seatbelt under rule 267. (2) The passenger: (a) must occupy a seating position that is fitted with a an approved seatbelt; and

Traffic Regulations – Australian Road Rules 262 (b) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seat belt under rule 267); and (c) must wear the seatbelt properly adjusted and fastened. 1 Approved seatbelt is defined in the dictionary. 2 Subrule (4) provides that subrule (2)(b) does not apply to passengers holding children under 1 year old in their laps on buses, minibuses, taxis and tow trucks in certain circumstances. Bus and taxi are defined in the dictionary. (3) The driver of a motor vehicle (except a bus or taxi) that is moving, or that is stationary but not parked, must ensure that each passenger in or on the vehicle who is 16 years old or older complies with subrule (2), unless the passenger is exempt from wearing a seatbelt under rule 267. Note Bus, motor vehicle, park and taxi are defined in the dictionary. (4) Subrule (2)(b) does not apply to a passenger in a bus, minibus, taxi or tow truck who has a child who is less than 1 year old seated in the passenger's lap if no suitable approved child restraint is fitted and available for use and if the bus, minibus, taxi or tow truck has 2 or more rows of seats – the passenger is not in the front row of seats. Note Approved child restraint is defined in rule 266(7). (5) Subrule (3) does not apply to the driver of a correctional vehicle, juvenile justice vehicle or sheriff's vehicle if either: (a) the vehicle has 2 or more rows of seats and the passenger is not in the front row of seats or there is not a seating position available for the passenger in another row of seats; or (b) the vehicle has a caged, or other secured, area designed for the carriage of passengers and the passenger occupies a seating position in that area. Note Correctional vehicle, juvenile justice vehicle and sheriff's vehicle are defined