Victorian Numbered Regulations

ROAD SAFETY (ROAD RULES) (SEATBELTS) AMENDMENT REGULATIONS 2008 (SR NO 161 OF 2008) - REG 3

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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