Queensland Subordinate Legislation as Made

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 1) 2016 - REG 10

10 Amendment of s 266 (Wearing of seatbelts by passengers under 16 years old)

(1) Section 266—
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(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)—
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(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)—
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"health practitioner" means a doctor, occupational therapist or physiotherapist.

"specialist" means a doctor, occupational therapist, psychologist, physiotherapist or biomedical engineer.