Transport Operations (Road Use Management—Road Rules) Regulation 2009
sec.264ADriver must ensure passengers comply with seatbelt requirements
Start here
Get a plain-English read of sec.264A
Turn the raw legal text into a practical explanation grounded in Transport Operations (Road Use Management—Road Rules) Regulation 2009.
sec.264A Driver must ensure passengers comply with seatbelt requirements
The driver of a motor vehicle that is moving, or is stationary but not parked, must ensure each passenger in or on the vehicle— is wearing an approved seatbelt that is properly adjusted and fastened in the way required under section 267B (1) ; and However, see also section 267B (2) . complies with the other requirements applying to the passenger under section 265 or 266 . Maximum penalty—20 penalty units. Subsection (1) does not apply— in relation to a passenger who is exempt from wearing a seatbelt under section 267 ; or to a driver to the extent the driver is exempt under section 267A from complying with subsection (1) in relation to a passenger. In this section— approved seatbelt includes, for a passenger under 16 years old— a seatbelt, harness or other restraint that is a part of— an approved child restraint; or a child restraint that reasonably appears to be an approved child restraint; or an approved child safety harness or a harness that reasonably appears to be an approved child safety harness. s 264A ins 2021 SL No. 102 s 15 amd 2024 SL No. 225 s 10 (sec.264A-ssec.1) The driver of a motor vehicle that is moving, or is stationary but not parked, must ensure each passenger in or on the vehicle— is wearing an approved seatbelt that is properly adjusted and fastened in the way required under section 267B (1) ; and However, see also section 267B (2) . complies with the other requirements applying to the passenger under section 265 or 266 . Maximum penalty—20 penalty units. (sec.264A-ssec.2) Subsection (1) does not apply— in relation to a passenger who is exempt from wearing a seatbelt under section 267 ; or to a driver to the extent the driver is exempt under section 267A from complying with subsection (1) in relation to a passenger. (sec.264A-ssec.3) In this section— approved seatbelt includes, for a passenger under 16 years old— a seatbelt, harness or other restraint that is a part of— an approved child restraint; or a child restraint that reasonably appears to be an approved child restraint; or an approved child safety harness or a harness that reasonably appears to be an approved child safety harness.
- (a) is wearing an approved seatbelt that is properly adjusted and fastened in the way required under section 267B (1) ; and Note— However, see also section 267B (2) .
- (b) complies with the other requirements applying to the passenger under section 265 or 266 .
- (a) in relation to a passenger who is exempt from wearing a seatbelt under section 267 ; or
- (b) to a driver to the extent the driver is exempt under section 267A from complying with subsection (1) in relation to a passenger.
- (a) a seatbelt, harness or other restraint that is a part of— (i) an approved child restraint; or (ii) a child restraint that reasonably appears to be an approved child restraint; or