(1)  A person is exempt from wearing a seatbelt if –

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

(b) the person is a passenger in or on a motor vehicle with 2 or more rows of seats and there is not another law of this jurisdiction permitting the person to sit in the front row of seats, and the person is not in the front row of seats.

Note : Motor vehicle is defined in the dictionary.

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

(a) the seating position that he or she 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 subrule (8) .

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

(1C)  To avoid doubt, subrule (1A) does not authorise a passenger to whom rule 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 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 25 kilometres per hour.

(3)  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 (other than a certificate issued under subrule (3A) ), issued under another law of this jurisdiction, stating that the person is not required to wear a seatbelt; and

(b) the person is complying with the conditions (if any) stated in the certificate.

Note : See clause 9 of Part 1 of Schedule 6 for jurisdictional qualifications .

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

(a) he or she (or, if he or she is a passenger in or on a vehicle, the vehicle’s driver) is carrying a certificate –

(i) that is signed by a medical practitioner; and

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

(iii) that displays a date of issue; and

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

(v) that has not expired; and

(b) he or she is complying with any conditions stated in the certificate; and

(c) there is no other law of this jurisdiction that states that this subrule does not apply in this jurisdiction.

Note : Medical practitioner is defined in subrule (9) .

Note : See clause 9 of Part 1 of Schedule 6 for jurisdictional qualifications .

(4)  However, a person is not exempt under subrule (3) or (3A) if the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) does not immediately produce the certificate mentioned in the subrule for inspection when a police officer or authorised person asks the person (or the driver) whether the person is exempt from wearing a seatbelt.

Note : Authorised person and police officer are defined in the dictionary.

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

(a) the person is a passenger in or on a police 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.

Note : Emergency vehicle and police vehicle are defined in the dictionary.

(6)  A person is exempt from wearing a seatbelt if he or she 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 he or she occupies the sleeper compartment for rest purposes.

Note : Bus and truck are defined in the dictionary.

(8)  If a vehicle does not have seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this rule must not occupy a seating position that is fitted with a seatbelt or an approved child restraint if the result would be that a passenger who is not exempt from wearing a seatbelt under this rule would be required to occupy a seating position that is not fitted with a seatbelt or an approved child restraint.

(9)  In this rule –

medical practitioner means a person who is a medical practitioner within the meaning of section 3 of the Medical Practitioners Registration Act 1996 ;

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