23B ARR r 266 (3) (b)—wearing of seatbelts by passengers under 16 years old
(1) For the Australian Road Rules, rule 266 (3) (b), all passengers in or on a motor vehicle (other than a bus or motor bike) who are at least 1 year old, but under 16 years old, must be restrained in an approved child restraint or wear a seatbelt unless they are exempt from wearing a seatbelt under a Territory law.
Note For the circumstances in which a person is exempt from wearing a seatbelt, see the Australian Road Roads, r 267 and reg (2) below.
(2) A passenger mentioned in subregulation (1) is exempt from wearing a seatbelt if—
(a) the motor vehicle is not required to be fitted with child restraint anchorages or seatbelts under the 2 nd or 3 rd edition ADR and the vehicle has not been fitted with a child restraint anchorage point or a seatbelt for a seating position that is available for the passenger; or
(b) the motor vehicle is registered in a State that does not have a law that substantially corresponds to subregulation (1); or
(c) the motor vehicle is a taxi.
Note 1 Taxi includes a private hire car and
a restricted hire vehicle, see
reg 33 (1), def of taxi .
Note 2 The defence of sudden or extraordinary emergency is also available, see the Criminal Code , s 10.3 (as applied by reg 115).
(3) In this regulation:
2nd edition ADR —see the Road Transport (Vehicle Registration) Regulations 2000 , schedule 1, clause 14.
3rd edition ADR —see the Road Transport (Vehicle Registration) Regulations 2000 , schedule 1, clause 15.