New South Wales Repealed Regulations

This legislation has been repealed.

AUSTRALIAN ROAD RULES - REG 266

266 Wearing of seatbelts by passengers under 16 years old

(1) The driver of a motor vehicle (except a bus or motor bike) that is moving, or is stationary but not parked, must ensure that this rule is complied with for each passenger in or on the vehicle who is under 16 years old.

: Offence provision.

Note :
"Bus" ,
"motor bike" ,
"motor vehicle" and
"park" are defined in the dictionary.

(2) If the passenger is under 1 year old, and not exempt from wearing a seatbelt under rule 267, the passenger must be restrained in a suitable approved child restraint that is properly fastened and adjusted, unless the driver is exempt from this subrule under subrule (5).

Note :
"Approved child restraint" is defined in subrule (7).

(3) If the passenger is at least 1 year old but under 16 years old, and not exempt from wearing a seatbelt under rule 267, the passenger must be restrained in a suitable approved child restraint that is properly fastened and adjusted, or occupy a seating position fitted with a suitable seatbelt and wear the seatbelt properly adjusted and fastened, if:

(a) a suitable approved child restraint, or a seating position fitted with a suitable seatbelt, is available in the motor vehicle for the passenger, or

(b) another law of this jurisdiction requires all passengers at least 1 year old but under 16 years old to be restrained in an approved child restraint, or wear a seatbelt, unless they are exempt from wearing a seatbelt under the law of this jurisdiction.

(4) If the motor vehicle has 2 or more rows of seats, the passenger must not be in the front row of seats unless the passenger is restrained in a suitable approved child restraint or occupying a seating position fitted with a seatbelt.

Note : Another law of this jurisdiction may prohibit the carrying of passengers for whom approved child restraints or seatbelts are not available.

(5) The driver of a public minibus or taxi is exempt from subrule (2) in relation to a passenger if:

(a) there is no suitable approved child restraint available in the minibus or taxi for the passenger, and

(b) if the minibus or taxi has 2 or more rows of seats--the passenger is not in the front row of seats, and

(c) there is not another law of this jurisdiction requiring all passengers in a minibus or taxi who are under 1 year old to be restrained in an approved child restraint.

Note :
"Public minibus" and
"taxi" are defined in the dictionary.

(6) For this rule:

(a) 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

(b) a seating position (whether or not fitted with a seatbelt) is available in the vehicle for a passenger if it is not occupied by someone else under 16 years old, and

(c) an approved child restraint or seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger.

(7) In this rule:

"approved child restraint" means a child restraint approved, for the Australian Road Rules , under another law of this jurisdiction.