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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 1) 2016 - REG 10
Amendment of s 266 (Wearing of seatbelts by passengers under 16 years old)
10 Amendment of s 266 (Wearing of seatbelts by passengers under 16 years old)
(1) Section 266—
insert — (3B) The driver of a motor vehicle is exempt
from subsections (3) and (3A) in relation to a passenger if— (a) the driver
is carrying a certificate that— (i) is signed by a health practitioner; and
(ii) states that, in the opinion of the health practitioner, the passenger
must not be in a row of seats behind the front row of the vehicle because of
the passenger’s medical condition or disability; and
(iii) states the method (if any) by which the passenger must be restrained; and
(iv) displays a date of issue; and
(v) displays an expiry date that is not
more than 7 years after the date of issue; and
(b) the driver is complying
with any conditions stated in the certificate; and
(c) the driver immediately
produces the certificate when a police officer asks to see the certificate.
(2) Section 266(4A)—
omit, insert — (4A) The driver of a motor vehicle is exempt from subsections
(2), (2A), (2B) and (4) in relation to a passenger if— (a) the passenger is
exempt from wearing a seatbelt under section 267; or
(b) each of the
following applies— (i) the passenger is restrained in a child restraint
prescribed for the passenger by a specialist in accordance with AS/NZS 4370;
(ii) the driver is carrying an advice to parent form issued by the specialist
in accordance with AS/NZS 4370, clause 2.2;
(iii) the driver is complying
with any conditions stated in the form;
(iv) the driver immediately produces
the form when a police officer asks to see the form;
(v) the form has not
expired.
(4AA) An advice to parent form mentioned in subsection (4A) expires
at the end of the last day of the period stated in the form as the period of
time the restraint is prescribed for.
(3) Section 266(7)—
insert —
"health practitioner" means a doctor, occupational therapist or
physiotherapist.
"specialist" means a doctor, occupational therapist, psychologist,
physiotherapist or biomedical engineer.
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