Victorian Consolidated Regulations

ROAD SAFETY ROAD RULES 2017 - REG 264A

    (1)     The driver of a motor vehicle (other than a bus, public minibus or taxi) that is moving, or is stationary but not parked, must ensure that each passenger—

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

        (b)     wears the seatbelt.

Penalty:     In the case of a natural person, 10 penalty units;

    In the case of a body corporate, 120 penalty units.

Notes

1     A body corporate may be guilty of the offence by force of section 84BC of the Road Safety Act 1986 .

2     Driver is defined in rule 16. Bus and motor vehicle are defined in the Road Safety Act 1986 . "Approved seatbelt", park , public minibus and taxi are defined in the dictionary.

    (2)     Subrule (1) does not apply if—

        (a)     the passenger is exempt from wearing a seatbelt under  rule 267, 267A, 267B or  267C; or

        (b)     the passenger is under 16 years old and the driver is complying with rule 266(1)(a) in respect of the passenger.

    (3)     For the purposes of the definition of seatbelt offence in section 84(8) of the Act, the offence under subrule (1) is a seatbelt offence.

    (4)     For the purposes of the definition of camera detected seatbelt offence in section 84AB(3) of the Act, the offence under subrule (1) is a camera detected seatbelt offence.

Rule 265 substituted by S.R. No. 7/2023 rule 11.