PART 16 – RULES FOR PERSONS TRAVELLING IN OR ON VEHICLES

266 Wearing of seatbelts by passengers under 16 years old

(1) The driver of a motor vehicle (except a bus or motorbike) that is moving, or is stationary but not parked, must ensure that this section is complied with for each passenger in or on the vehicle who is under 16 years old.

Maximum penalty – 20 penalty units.

(2) If the passenger is under 1 year old, and not exempt from wearing a seatbelt under section 267, the passenger must be restrained in a suitable approved child restraint that is properly fastened and adjusted, unless the driver is exempt from this subsection under section (4).

(3) If the passenger is at least 1 year old but under the age of 16 years old, and not exempt from wearing a seatbelt under section 267, the passenger must –

(a) Be restrained in a suitable approved child restraint that is properly fastened and adjusted; or

(b) Occupy a seating position fitted with a suitable seatbelt and wear the seatbelt properly fastened and adjusted.

(4) The driver of a taxi is exempt from subsection (2) in relation to a passenger if –

(a) There is no suitable approved child restraint available in the taxi for the passenger; and

(b) If the taxi has 2 or more rows of seats – the passenger is not in the front row of seats.

(5) It is a defence to a prosecution of a driver for an offence against subsection (1) if the driver proves that the offence happened in circumstances that made compliance with subsection (1) unreasonable or impractical.