New South Wales Consolidated Regulations

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ROAD RULES 2014 - REG 265

Wearing of seatbelts by passengers 16 years old or older

265 Wearing of seatbelts by passengers 16 years old or older

(1) A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subrule (2) if he or she:
(a) is 16 years old or older, and
(b) is not exempt from wearing a seatbelt under rule 267.
Maximum penalty: 20 penalty units.
(2) The passenger:
(a) must occupy a seating position that is fitted with an approved seatbelt, and
(b) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267), and
(c) must wear the seatbelt properly adjusted and fastened.
Note 1 :
"Approved seatbelt" is defined in the Dictionary.
Note 2 : Subrule (4) provides that subrule (2) (b) does not apply to passengers holding children under 1 year old in their laps in tow trucks in certain circumstances.
"Tow truck" is defined in the Dictionary.
(3) The driver of a motor vehicle (except a bus or taxi) that is moving, or that is stationary but not parked, must ensure that each passenger in or on the vehicle who is 16 years old or older complies with subrule (2), unless the passenger is exempt from wearing a seatbelt under rule 267.
Maximum penalty: 20 penalty units.
Note :
"Bus" ,
"motor vehicle" ,
"park" and
"taxi" are defined in the Dictionary.
(3-1) This rule does not apply to the driver of a motor vehicle (other than a motor bike) who is the holder of a learner licence or a provisional P1 or P2 licence or to any passenger in a motor vehicle (other than a motor bike) driven by such a driver.
Note 1 :
"Motor bike" ,
"motor vehicle" ,
"provisional P1 licence" and
"provisional P2 licence" are defined in the Dictionary, and
"learner licence" is defined in the Act.
Note 2 : Rule 267-1 provides for the use of seatbelts and other restraints by drivers of motor vehicles (other than motor bikes) who are holders of learner licences or provisional P1 or P2 licences and their passengers.
Note 3 : This subrule is an additional NSW subrule. There is no corresponding subrule in rule 265 of the Australian Road Rules .
(3-2) The driver of a motor vehicle does not commit an offence under subrule (3) that arises from the refusal or failure of a passenger to wear a seatbelt properly fastened and adjusted if the passenger is in his or her lawful custody and is being transported by the driver:
(a) in the course of his or her employment as a juvenile justice officer (within the meaning of the Children (Detention Centres) Act 1987 ), or
(b) in the course of his or her employment as a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999 ), or
(c) in the course of performing the duties of a correctional officer in accordance with an authority issued under section 240 of the Crimes (Administration of Sentences) Act 1999 .
Note : This subrule is an additional NSW subrule. There is no corresponding subrule in rule 265 of the Australian Road Rules .
(4) Subrule (2) (b) does not apply to a passenger in a tow truck who has a child who is less than 1 year old seated in his or her lap:
(a) if no suitable approved child restraint is fitted and available for use, and
(b) if the tow truck has 2 or more rows of seats--the passenger is not in the front row of seats.
Note 1 :
"Approved child restraint" is defined in rule 266 (7) and
"tow truck" is defined in the Dictionary.
Note 2 : This subrule is not uniform with the corresponding subrule in rule 265 of the Australian Road Rules . Different rules may apply in other Australian jurisdictions.



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