South Australian Current Regulations

AUSTRALIAN ROAD RULES - REG 268

268—How persons must travel in or on a motor vehicle

        (1)         A person must not travel in or on a part of a motor vehicle that is not a part designed primarily for the carriage of passengers or goods.

Offence provision.

Note—

"Motor vehicle" is defined in the dictionary.

        (2)         A person must not travel in or on a part of a motor vehicle that is a part designed primarily for the carriage of goods unless—

            (a)         the part is enclosed; and

            (b)         the person occupies a seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt.

Offence provision.

Note 1—

"Enclosed" is defined in subrule (7).

Note 2—

Rule 265 deals with the wearing of seatbelts by passengers 16 years old or older, and rule 266 deals with the wearing of seatbelts by passengers under 16 years old.

        (3)         A person must not travel in or on a motor vehicle with any part of the person's body outside a window or door of the vehicle, unless the person is the driver of the vehicle and is giving a hand signal—

            (a)         for changing direction to the right in accordance with rule 50; or

            (b)         for stopping or slowing in accordance with rule 55.

Offence provision.

Note—

"Window" is defined in the dictionary.

        (4)         The driver of a motor vehicle (except a bus) must not drive with a passenger if any part of the passenger's body is outside a window or door of the vehicle.

Offence provision.

Note—

"Bus" is defined in the dictionary.

        (4A)         The driver of a motor vehicle must not drive with a passenger in or on a part of the vehicle that is not a part designed primarily for the carriage of passengers or goods.

Offence provision.

        (4B)         The driver of a motor vehicle must not drive with a passenger in or on a part of the vehicle that is a part designed primarily for the carriage of goods unless—

            (a)         the part is enclosed; and

            (b)         the person occupies a seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt.

Offence provision.

Note—

Rule 265 deals with the wearing of seatbelts by passengers 16 years old or older, and rule 266 deals with the wearing of seatbelts by passengers under 16 years old.

        (5)         This rule does not apply to a person who is—

            (a)         in or on a police or emergency vehicle; or

            (b)         on a motor bike; or

            (c)         engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, in or on a motor vehicle that is not travelling over 25 kilometres per hour.

Note—

"Emergency vehicle", "motor bike" and "police vehicle are defined in the dictionary.

        (6)         This rule also does not apply to a person if—

            (a)         the person is exempt from this rule under another law of this jurisdiction and is complying with the conditions (if any) of the exemption; or

            (b)         the vehicle is exempt from this rule under another law of this jurisdiction.

        (7)         For this rule—

"enclosed", for a part of a vehicle, means enclosed by—

            (a)         the structure of the vehicle; or

            (b)         a canopy, cage or other device fitted to the vehicle that is approved, for the Australian Road Rules , under another law of this jurisdiction.