Victorian Consolidated Regulations Victorian Consolidated Regulations(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.
Penalty: 10 penalty units.
Note
Motor vehicle is defined in the Road Safety Act 1986 .
(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.
Penalty: 10 penalty units.
Notes
1 Enclosed is defined in subrule (7).
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.
Penalty: 3 penalty units.
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.
Penalty: 3 penalty units.
Note
Bus is defined in the Road Safety Act 1986 .
(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.
Penalty: 10 penalty units.
(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.
Penalty: 10 penalty units.
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 vehicle, emergency vehicle or enforcement 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", enforcement vehicle , "motor bike", and police vehicle are defined in the dictionary.
(6) This rule also does not apply to a person if—
Rule 268(6)(a) amended by S.R. No. 153/2019 rule 4(Sch. 1 item 14).
(a) the Secretary or the Regulator has by notice in writing exempted the person, or a class of persons of which the person concerned is a member, from this rule and the person is complying with the conditions (if any) of the exemptions; or
Rule 268(6)(b) amended by S.R. No. 153/2019 rule 4(Sch. 1 item 14).
(b) the Secretary or the Regulator has by notice in writing exempted the vehicle the person is driving or travelling in from this rule.
(7) For this rule—
"enclosed", for a part of a vehicle, means enclosed by the structure of the vehicle.