Western Australian Repealed Regulations

This legislation has been repealed.

ROAD TRAFFIC CODE 1975 - REG 1506

1506 .         Driver to ensure that child under the age of one year wears a child restraint

        (1)         If a person or persons (in this regulation referred to as "the passenger" or "the passengers") under the age of one year are in a motor vehicle, the driver shall not drive the motor vehicle on a road unless the passengers are wearing child restraints and they are properly adjusted and securely fastened.

        (2)         It is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that — 

            (a)         the motor vehicle was a passenger car manufactured on or before 1 July 1976 or any other vehicle was not required to be fitted with child restraint anchor points;

            (b)         the motor vehicle was a taxi or a special purpose vehicle;

            (c)         at the relevant time the driver — 

                  (i)         was only licensed as a driver under the laws of another State or a Territory of Australia; and

                  (ii)         was not obliged to ensure that a passenger under one year is wearing a child restraint under the laws of that State or Territory;

            (d)         the passenger had a medical certificate under regulation 1502 at the relevant time and, if required to do so, the medical certificate was produced by the driver in accordance with regulation 1502 (4); or

            (e)         at the relevant time, the passenger was not wearing a child restraint because of exceptional circumstances, such as a medical emergency.

        [Regulation 1506 inserted in Gazette 13 December 1994 p.6753.]