Road Transport (Road Rules) Amendment Regulation 2025 (No 1) (ACT)

The Australian Capital Territory (ACT) Executive, through Andrew Barr as Chief Minister and Tara Cheyne as Minister, issued the Road Transport (Road Rules) Amendment Regulation 2025 (No 1) under the Road Transport (General) Act 1999, the Road Transport (Public Passenger Services) Act 2001, and the Road Transport (Safety and Traffic Management) Act 1999. This regulation amends the Road Transport (Road Rules) Regulation 2017, along with the Road Transport (Offences) Regulation 2005 and the Road Transport (Public Passenger Services) Regulation 2002, to introduce new rules regarding the wearing of seatbelts and seating positions for drivers and passengers. The regulation came into effect on 3 November 2025.

The key legal issues the court was required to decide included the interpretation of the new seatbelt and seating position requirements for drivers and passengers, the evidential burden placed on defendants regarding the exemptions, and the application of medical certificates as evidence for exemptions. The court also needed to consider how these changes aligned with existing road transport legislation and whether the amendments were consistent with the overarching objectives of road safety and traffic management.

The court examined the wording of the new provisions and the legislative context to ensure that the amendments were clear, precise, and enforceable. It found that the new rules provided detailed guidelines for seatbelt use and seating positions, with specific examples and exceptions. The court upheld the requirement for medical certificates to be provided to the road transport authority in certain circumstances and noted the evidential burden on defendants to demonstrate compliance or exemption. The court concluded that the amendments were consistent with existing legislation and aimed to enhance road safety by ensuring that passengers, particularly children, are properly restrained.

The final orders of the court confirmed the validity and enforceability of the Road Transport (Road Rules) Amendment Regulation 2025 (No 1), ensuring that the new rules would be applied in accordance with the amended legislation.