Australian Capital Territory Numbered Acts

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MOTOR TRAFFIC (AMENDMENT) ACT (NO. 4) 1990 (NO. 38 OF 1990) - SECT 5

Children and young persons in prescribed vehicles

5. Section 164D of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3A) Subject to this Part, if, at any time while a prescribed vehicle is being driven, or has its engine running, on a public street—

        (a)     a child who has not attained the age of 1 year is occupying a position in the vehicle; and

        (b)     the vehicle is not equipped with a child restraint suitable for use by that child;

the driver of the vehicle is guilty of an offence.

“(3B) Subsections (2), (3) and (3A) do not apply if a child who has not attained the age of 1 year is in a prescribed vehicle that—

        (a)     is the subject of a taxi licence or a private hire car licence;

        (b)     is not required to comply with the publication known as Australian Design Rule 34A, 2nd edition or Australian Design Rule 5/00, 3rd edition;

        (c)     is registered in a State or another Territory in which there is not in force a law that corresponds generally with the provisions of this Part; or

        (d)     is owned by the Commonwealth and the sequence of characters displayed on the number plate commences with ‘C*'.

“(3C) Nothing in subsection (2) shall be taken to require that a child who has not attained the age of 1 year be restrained by means of a seat belt.”.



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