Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 267A

267A Exemptions for driver in relation to passengers

(1) The driver of a bus is exempt from section 264A .

(2) The rider of a motorbike is exempt from section 264A in relation to a passenger under 16 years old.

Note—

Some seating positions on a motorbike are not required to be fitted with a seatbelt. See section 267 (1A) for an exemption from wearing a seatbelt for persons occupying a seating position that is not required to be fitted with a seatbelt.

(3) The driver of a booked hire vehicle or taxi is exempt from section 264A in relation to a passenger 16 years old or older.

(4) The driver of a booked hire vehicle or taxi is exempt from section 264A in relation to the requirements for a passenger mentioned in section 266 (2) , (2A) and (2B) if—

(a) there is no suitable approved child restraint available in the booked hire vehicle or taxi for the passenger; and

(b) for a booked hire vehicle or taxi that has 2 or more rows of seats—the passenger is not in the front row of seats.

(5) The driver of a motor vehicle is exempt from section 264A in relation to the requirements for a passenger mentioned in section 266 (2) , (2A) , (2B) and (4) if each of the following applies—

(a) the passenger is restrained in a child restraint prescribed for the passenger by a specialist in accordance with AS/NZS 4370;

(b) the driver is carrying an advice to parent form issued by the specialist in accordance with AS/NZS 4370, clause 2.2;

(c) the driver is complying with any conditions stated in the form;

(d) the driver produces the form to a police officer immediately after the officer asks the driver to produce the form;

(e) the form has not expired.

(6) An advice to parent form mentioned in subsection (5) expires at the end of the last day of the period stated in the form as the period the restraint is prescribed for.

(7) The driver of a motor vehicle is exempt from section 264A in relation to the requirements for a passenger mentioned in section 266 (3) and (3A) if—

(a) the driver is carrying a certificate that—

(i) is signed by a health practitioner; and

(ii) states that, in the opinion of the health practitioner, the passenger must not be in a row of seats behind the front row of a vehicle because of the passenger’s medical condition or disability; and

(iii) states the method (if any) by which the passenger must be restrained; and

(iv) displays a date of issue; and

(v) displays an expiry date that is not more than 7 years after the date of issue; and

(b) the driver is complying with any conditions stated in the certificate; and

(c) the driver immediately produces the certificate when a police officer asks to see the certificate.

(8) A detention officer driving a vehicle to transport a passenger who is a detained person is exempt from section 264A if—

(a) the vehicle has 2 or more rows of seats and either—

(i) the passenger occupies a seating position that is not in the front row; or

(ii) the passenger occupies a seating position in the front row because no seating position is available for the passenger in the other rows; or

(b) the vehicle has a caged or other secured area designed for the carriage of passengers and the passenger occupies a seating position in the caged or secured area.

(9) In this section—

"detained person" means a person in the custody or care of a detention officer.

"detention officer" means—

(a) a corrective services officer under the Corrective Services Act 2006 ; or

(b) the Sheriff of Queensland or a deputy sheriff appointed under the Supreme Court of Queensland Act 1991 , section 73 ; or

(c) a bailiff appointed under the Supreme Court of Queensland Act 1991 , the District Court of Queensland Act 1967 or the Magistrates Courts Act 1921 ; or

(d) a staff member under the Police Service Administration Act 1990 who, in the course of the staff member’s duties, transports persons in the custody or care of the staff member or a person mentioned in paragraph (a) , (b) or (c) .

"health practitioner" means a doctor, occupational therapist or physiotherapist.

"specialist" means a doctor, occupational therapist, psychologist, physiotherapist or biomedical engineer.