267Exemptions from wearing seatbelts

267 Exemptions from wearing seatbelts (1) A person is exempt from wearing a seatbelt if: (a) the person is exempt from wearing a seatbelt under another law of this jurisdiction and is complying with the conditions (if any) of the exemption; and (b) the person is a passenger in or on a motor vehicle with 2 or more rows of seats and there is not another law of this jurisdiction permitting the person to sit in the front row of seats, and the person is not in the front row of seats. Note (1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if: (a) the seating position that he or she occupies is not fitted with a seatbelt; and

Traffic Regulations – Australian Road Rules 269 (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 subrule (8). (1B) Subrule (1A) does not apply to a person who is under 7 years old. (1C) To avoid doubt, subrule (1A) does not authorise a passenger to whom rule 266(3) or (3A) 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 25 kilometres per hour. (2A) Subrule (2) does not apply to a person who is under 7 years old. (3) A person is exempt from wearing a seatbelt if: (a) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) is carrying a certificate (other than a medical certificate issued under subrule (3A)), issued under another law of this jurisdiction, stating that the person is not required to wear a seatbelt; and (b) the person is complying with the conditions (if any) stated in the certificate. (3A) A person who is in, or on, a motor vehicle is exempt from wearing a seatbelt if: (a) the person or, if the person is a passenger, the driver of the vehicle is carrying a medical certificate that states 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

Traffic Regulations – Australian Road Rules 270 Note (4) However, the person is exempt under subrule (3) or (3A) only if the person who is carrying the certificate immediately produces the certificate when an authorised person or police officer asks to see the certificate. Note (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. Note Emergency vehicle and police vehicle are defined in the dictionary. (6) A person is exempt from wearing a seatbelt if he or she 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 he or she occupies the sleeper compartment for rest purposes. Note Bus and truck are defined in the dictionary. (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 rule 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