Transport Operations (Road Use Management—Road Rules) Regulation 2009
sec.265Seatbelt requirements for passengers 16 years old or older
Start here
Get a plain-English read of sec.265
Turn the raw legal text into a practical explanation grounded in Transport Operations (Road Use Management—Road Rules) Regulation 2009.
sec.265 Seatbelt requirements for passengers 16 years old or older
A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subsection (2) if the passenger— is 16 years old or older; and is not exempt from wearing a seatbelt under section 267 . Maximum penalty—20 penalty units. The passenger— must occupy a seating position that is fitted with an approved seatbelt; and must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under section 267 ); and must wear the seatbelt properly adjusted and fastened in the way required under section 267B (1) . Subsection (2) (b) does not apply to a passenger in a booked hire vehicle, bus, 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 booked hire vehicle, bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats. s 265 amd 2013 SL No. 192 s 35 ; 2014 SL No. 279 s 26 ; 2016 SL No. 161 s 53 ; 2021 SL No. 102 s 16 ; 2024 SL No. 225 s 11 (sec.265-ssec.1) A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subsection (2) if the passenger— is 16 years old or older; and is not exempt from wearing a seatbelt under section 267 . Maximum penalty—20 penalty units. (sec.265-ssec.2) The passenger— must occupy a seating position that is fitted with an approved seatbelt; and must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under section 267 ); and must wear the seatbelt properly adjusted and fastened in the way required under section 267B (1) . (sec.265-ssec.3) Subsection (2) (b) does not apply to a passenger in a booked hire vehicle, bus, 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 booked hire vehicle, bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats.
- (a) is 16 years old or older; and
- (b) is not exempt from wearing a seatbelt under section 267 .
- (a) must occupy a 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 section 267 ); and
- (c) must wear the seatbelt properly adjusted and fastened in the way required under section 267B (1) .
- (a) no suitable approved child restraint is fitted and available for use; and
- (b) if the booked hire vehicle, bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats.