Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 267

267 Exemptions from wearing seatbelts

(1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if—

(a) the seating position that the person occupies is not fitted with a seatbelt; and

(b) there is no requirement for that seating position to be fitted with a seatbelt; and

(c) all passengers in the vehicle who are exempt from wearing a seatbelt are complying with subsection (8) .

(1B) Subsection (1A) does not apply to a person who is under 7 years old.

(1C) To remove any doubt, it is declared that subsection (1A) does not authorise a passenger to whom section 266 (3) or (3A) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats.

(2) A person in or on a motor vehicle who is 7 years of age or older is exempt from wearing a seatbelt if—

(a) the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; and

(b) the vehicle is not travelling over 25km/h.

(3A) A person is exempt from wearing a seatbelt if—

(a) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) is carrying a certificate that—

(i) is signed by a doctor; and

(ii) states that, in the opinion of the doctor, the person should not wear a seatbelt due to the person’s medical condition or disability; and

(iii) displays a date of issue; and

(iv) displays an expiry date that is a date not more than 12 months after the date of issue; and

(v) has not expired; and

(b) the person is complying with any conditions stated in the certificate; and

(c) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger)—

(i) produces the certificate to a police officer immediately after the officer asks the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) to produce the certificate; or

(ii) for a camera-detected offence against section 264 or 264A —complies with the condition mentioned in subsection (4) .

(4) For subsection (3A) (c) (ii) , the condition is that—

(a) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) produces the certificate, or a copy of the certificate, mentioned in subsection (3A) (a) to the commissioner or the chief executive before the relevant time; or

(b) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger)—

(i) does not have, or no longer has, the certificate, or a copy of the certificate, mentioned in subsection (3A) (a) ; and

(ii) produces to the commissioner or the chief executive, before the relevant time, a document signed by a doctor stating that the certificate was issued in relation to the person and the date of issue and expiry date for the certificate; or

(c) the person is a passenger, and the driver of the vehicle in or on which the person is a passenger—

(i) is unable to comply with paragraph (a) or (b) ; and

(ii) has a reasonable excuse for being unable to comply with paragraph (a) or (b) .

(4A) For subsection (4) , the
"relevant time" is the end of the day that is 28 days after a camera-detected seatbelt offence notice for the alleged offence is first given to the person in charge of the vehicle in relation to the alleged offence.

(5) A person is exempt from wearing a seatbelt if—

(a) the person is a passenger in or on a police vehicle or emergency vehicle; and

(b) either—

(i) if the vehicle has 2 or more rows of seats—the person is not in the front row of seats or there is not a seating position available for the person in another row of seats; or

(ii) if the vehicle is a police vehicle and has a caged, or other secured, area designed for the carriage of passengers—the person occupies a seating position in that area.

(6) A person is exempt from wearing a seatbelt if the person is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle.

(7) If a truck or bus has a sleeper compartment, a two-up driver of the truck or bus is exempt from wearing a seatbelt while the two-up driver occupies the sleeper compartment for rest purposes.

(8) If a vehicle does not have approved seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this section must not occupy—

(a) a seating position that is fitted with an approved seatbelt; or

(b) an approved child restraint;

if the result would be that a passenger who is not exempt from wearing a seatbelt under this section would be required to occupy a seating position that is not fitted with an approved seatbelt or an approved child restraint.

(8B) A passenger on a bus is exempt from wearing a seatbelt while the passenger is—

(a) a standing passenger mentioned in the Transport Operations (Passenger Transport) Standard 2010 , section 11 (2) (c) and (d) ; or

(b) entering or leaving the bus.

(8C) A passenger on a booked hire vehicle, bus, taxi or tow truck is exempt from wearing a seatbelt if—

(a) the passenger is less than 1 year old; and

(b) no suitable approved child restraint is fitted and available for use by the passenger; and

(c) if the booked hire vehicle, bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats; and

(d) the passenger is seated in the lap of another passenger who is 16 years of age or older; and

(e) if the vehicle is a tow truck—the person is a passenger in the tow truck because the vehicle in which the person was a passenger is being towed.

(8D) To remove any doubt, it is declared that subsection (8C) does not limit the exemption given to—

(a) a driver of a bus in relation to a passenger under section 267A (1) ; or

(b) a driver of a booked hire vehicle or taxi in relation to a passenger under section 267A (4) .

(9) In this section—

"person in charge" , of a vehicle, in relation to an alleged offence against section 264 or 264A , has the meaning given by section 113 of the Act .

"two-up driver" , for a vehicle that is a bus or truck, means a person accompanying the vehicle’s driver on a journey or part of a journey, who has been, is or will be, sharing the task of driving the vehicle during the journey.