Untitled document

Road Safety (Road Rules) (Seatbelts) Amendment Regulations 2008

S.R. No. 161/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3New items in Schedule 4

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 161/2008

Road Safety Act 1986

Road Safety (Road Rules) (Seatbelts) Amendment Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 11 December 2008

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to clarify that it is not lawful for motor vehicles that are moving, or are stationary but not parked, to contain unrestrained passengers.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3New items in Schedule 4

In Schedule 4 to the Road Safety (Road Rules) Regulations 1999[1], after item 36 insert—

'37.Rule 265 of the Road Rules is to be read as if there were substituted for rules 265(2), (3) and (4)—

"(2)Unless the passenger is exempt from wearing a seat belt under rule 267, the passenger must—

(a)occupy a seating position fitted with a seatbelt; and

(b)wear the seatbelt properly adjusted and fastened.

(3)The passenger must not occupy the same seating position as another passenger.

(4)If the motor vehicle has 2 or more rows of seats, the passenger must not sit in the front row of seats unless the passenger is occupying a seating position fitted with a seatbelt.".

38.Rule 266 of the Road Rules is to be read as if there were substituted for rule 266(3)—

"(3)If the passenger is at least 1 year old but under 16 years old, and not exempt from wearing a seat belt under rule 267, the passenger must—

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

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

(3A)The passenger must not occupy the same seating position as another passenger.".

39.The Road Rules are to be read as if rule 266(6)(b) were omitted.

40.The Road Rules are to be read as if after rule 267(1) there were inserted—

"(1A)A person in or on a motor vehicle is exempt from wearing a seatbelt if—

(a)the seating position that he or she occupies is not fitted with a seatbelt; and

(b)there is no requirement for that seating position to be fitted with a seatbelt.".'.

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[1] Reg. 3: S.R. No. 120/1999.  Reprint No. 2 as at 1 January 2008.  Reprinted to S.R. No. 74/2007.  Subsequently amended by S.R. Nos 151/2007, 28/2008 and 78/2008.