Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) REGULATIONS AMENDMENT 2001 (2001 NO 32) - REG 4

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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.