49—Non-wearing of seatbelt etc
(1) If the injured
person was injured in a motor accident, was of or above the age of 16 years at
the time of the accident and—
injured person was not, at the time of the accident, wearing a seatbelt as
required under the Road Traffic Act 1961 ; or
of the following factors contributed to the accident or the extent of the
the injured person was not wearing a safety helmet as
required under the Road Traffic Act 1961 ;
the injured person was a passenger in or on a
motor vehicle with a passenger compartment but was not in the
passenger compartment at the time of the accident,
contributory negligence will, subject to this section, be presumed.
(2) Subject to the
following exception, the presumption is irrebuttable.
In the case mentioned in subsection (1)(b)(ii)—the injured person
may rebut the presumption by establishing, on the balance of probabilities,
that the injured person could not reasonably be expected to have avoided the
(3) In a case in which
contributory negligence is to be presumed under this section, the court must
apply a fixed statutory reduction of 25 per cent in the assessment of damages.