sec.266Seatbelt requirements for passengers under 16 years old

sec.266 Seatbelt requirements for passengers under 16 years old

This section states, for section 264A , the requirements applying to a passenger in or on a motor vehicle who is under 16 years old. If the passenger is less than 6 months old, the passenger must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint. If the passenger is 6 months old or older, but is less than 4 years old, the passenger must be restrained in a suitable and properly fastened and adjusted— rearward facing approved child restraint; or forward facing approved child restraint that has an inbuilt harness. If the passenger is 4 years old or older, but is less than 7 years old, the passenger must— be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or be placed on a properly positioned approved booster seat and be restrained by— a lap and sash type approved seatbelt that is properly adjusted and fastened in the way required under section 267B (1) ; or a suitable approved child safety harness that is properly adjusted and fastened; or if the passenger is seated in a seating position in a part of the vehicle that is designed primarily for the carriage of goods— be restrained by an approved seatbelt of a lap and sash type that is properly adjusted and fastened in the way required under section 267B (1) ; or have the midsection of their body restrained by an approved seatbelt of a lap type that is properly adjusted and fastened in the way required under section 267B (1) , and have their upper body restrained by an approved child safety harness that is properly adjusted and fastened. A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats. A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless in the row or rows behind the front row— all of the other seats are occupied by passengers who are also less than 7 years old; or there is no remaining seating position in which the passenger can sit in accordance with this section because of the occupation of other seats, in compliance with this section, by passengers who are also less than 7 years old. This subsection would permit a passenger who is 6 years old to sit in the front row of a vehicle that has 2 rows of seats if 2 occupied approved child restraints in the back row encroached on an empty seating position between them in a way that made it impossible for another approved child restraint or booster seat to be placed in that position. If the passenger is 7 years old or older but under 16 years old— the passenger must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or the passenger— must occupy a seating position that is fitted with a suitable 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) . If a passenger can not safely be restrained as required by subsection (2) because of the passenger’s height or weight, the passenger must be restrained as if subsection (2A) applied to the passenger. If a passenger can not safely be restrained as required by subsection (2A) or (4B) because of the passenger’s height or weight, the passenger must be restrained as if subsection (2B) applied to the passenger. If a passenger can not safely be restrained as required by subsection (2B) or (4C) because of the passenger’s height or weight, the passenger must be restrained as if subsection (4) applied to the passenger. In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subsection (2B) (b) or (4) (b) (iii) , as the case may be, if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger. For this section— an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and an approved child restraint or approved seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger. For this section, a child restraint that is properly fastened and adjusted— is forward facing if, once it restrains a passenger, the passenger’s head is closer to the rear of the vehicle than the passenger’s feet; or is rearward facing if, once it restrains a passenger, the passenger’s feet are closer to the rear of the vehicle than the passenger’s head. In this section— approved booster seat means— a booster seat or cushion that complies with— AS/NZS 1754; or another standard the chief executive considers is at least equal to that standard; or a child restraint that— is incorporated in a vehicle; and is of a type mentioned in— the Vehicle Standard (Australian Design Rule 34/01—Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 (Cwlth) , clause 34.8; or the Vehicle Standard (Australian Design Rule 34/02—Child Restraint Anchorages and Child Restraint Anchor Fittings) 2012 (Cwlth) , clause 34.9; and complies with that clause. s 266 amd 2010 SL No. 65 s 4 ; 2013 SL No. 42 s 5 ; 2013 SL No. 192 s 36 ; 2014 SL No. 279 s 27 ; 2016 SL No. 161 s 54 ; 2016 SL No. 240 s 10 ; 2021 SL No. 102 s 17 ; 2024 SL No. 225 s 12 (sec.266-ssec.1) This section states, for section 264A , the requirements applying to a passenger in or on a motor vehicle who is under 16 years old. (sec.266-ssec.2) If the passenger is less than 6 months old, the passenger must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint. (sec.266-ssec.2A) If the passenger is 6 months old or older, but is less than 4 years old, the passenger must be restrained in a suitable and properly fastened and adjusted— rearward facing approved child restraint; or forward facing approved child restraint that has an inbuilt harness. (sec.266-ssec.2B) If the passenger is 4 years old or older, but is less than 7 years old, the passenger must— be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or be placed on a properly positioned approved booster seat and be restrained by— a lap and sash type approved seatbelt that is properly adjusted and fastened in the way required under section 267B (1) ; or a suitable approved child safety harness that is properly adjusted and fastened; or if the passenger is seated in a seating position in a part of the vehicle that is designed primarily for the carriage of goods— be restrained by an approved seatbelt of a lap and sash type that is properly adjusted and fastened in the way required under section 267B (1) ; or have the midsection of their body restrained by an approved seatbelt of a lap type that is properly adjusted and fastened in the way required under section 267B (1) , and have their upper body restrained by an approved child safety harness that is properly adjusted and fastened. (sec.266-ssec.3) A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats. (sec.266-ssec.3A) A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless in the row or rows behind the front row— all of the other seats are occupied by passengers who are also less than 7 years old; or there is no remaining seating position in which the passenger can sit in accordance with this section because of the occupation of other seats, in compliance with this section, by passengers who are also less than 7 years old. This subsection would permit a passenger who is 6 years old to sit in the front row of a vehicle that has 2 rows of seats if 2 occupied approved child restraints in the back row encroached on an empty seating position between them in a way that made it impossible for another approved child restraint or booster seat to be placed in that position. (sec.266-ssec.4) If the passenger is 7 years old or older but under 16 years old— the passenger must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or the passenger— must occupy a seating position that is fitted with a suitable 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.266-ssec.4B) If a passenger can not safely be restrained as required by subsection (2) because of the passenger’s height or weight, the passenger must be restrained as if subsection (2A) applied to the passenger. (sec.266-ssec.4C) If a passenger can not safely be restrained as required by subsection (2A) or (4B) because of the passenger’s height or weight, the passenger must be restrained as if subsection (2B) applied to the passenger. (sec.266-ssec.4D) If a passenger can not safely be restrained as required by subsection (2B) or (4C) because of the passenger’s height or weight, the passenger must be restrained as if subsection (4) applied to the passenger. (sec.266-ssec.4E) In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subsection (2B) (b) or (4) (b) (iii) , as the case may be, if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger. (sec.266-ssec.6) For this section— an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and an approved child restraint or approved seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger. (sec.266-ssec.6A) For this section, a child restraint that is properly fastened and adjusted— is forward facing if, once it restrains a passenger, the passenger’s head is closer to the rear of the vehicle than the passenger’s feet; or is rearward facing if, once it restrains a passenger, the passenger’s feet are closer to the rear of the vehicle than the passenger’s head. (sec.266-ssec.7) In this section— approved booster seat means— a booster seat or cushion that complies with— AS/NZS 1754; or another standard the chief executive considers is at least equal to that standard; or a child restraint that— is incorporated in a vehicle; and is of a type mentioned in— the Vehicle Standard (Australian Design Rule 34/01—Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 (Cwlth) , clause 34.8; or the Vehicle Standard (Australian Design Rule 34/02—Child Restraint Anchorages and Child Restraint Anchor Fittings) 2012 (Cwlth) , clause 34.9; and complies with that clause.