Victorian Consolidated Regulations Victorian Consolidated Regulations(1) The driver of a motor vehicle that is moving, or is stationary but not parked, must not occupy the same seating position as a passenger.
Penalty: 10 penalty units.
(2) The driver of a motor vehicle that is moving, or is stationary but not parked, must ensure that each passenger in or on the motor vehicle does not occupy the same seating position as another passenger or the driver.
Penalty: 10 penalty units.
(3) A passenger who is 16 years old or older and is in or on a motor vehicle that is moving, or is stationary but not parked, must not occupy the same seating position as another passenger or the driver.
Penalty: 10 penalty units.
(4) This rule applies whether or not the driver or passenger is exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C.
(5) This rule does not apply to a passenger who is 16 years old or older and is in a bus, public minibus, taxi or tow truck if—
(a) the passenger has a child who is less than one year old seated in the passenger's lap; and
(b) no suitable approved child restraint is fitted in the bus, public minibus, taxi or tow truck and available for use; and
(c) in the case of a bus, public minibus, taxi or tow truck that has 2 or more rows of seats—the passenger is not seated in the front row of seats; and
(d) in the case of a tow truck—the passenger was an occupant in a motor vehicle that is being or has been towed by the tow truck and the passenger is accompanying the driver of the tow truck—
(i) while the motor vehicle is being towed; or
(ii) after the motor vehicle has been towed, for the purpose of being driven to the passenger's home or any other convenient place.
Rule 264 substituted by S.R. Nos 121/2020 rule 9, 7/2023 rule 10.