264–1 NSW rule: drivers must ensure passengers comply with seatbelt requirements
264.1 264–1 NSW rule: drivers must ensure passengers comply with seatbelt requirements
The driver of a motor vehicle that is moving, or is stationary but not parked, must ensure a passenger in or on the vehicle complies with the requirements of rule 265 or 266 applying to the passenger.
Maximum penalty—20 penalty units.
Subrule (1) does not apply in relation to the following—
a bus passenger,
a taxi passenger who is 16 years of age or more,
a passenger who is exempt from wearing a seatbelt under rule 267.
The driver of a motor vehicle does not commit an offence under subrule (1) arising from the refusal or failure of a passenger to wear a seatbelt properly fastened and adjusted if the passenger is in the driver’s lawful custody and is being transported by the driver—
in the course of the driver’s employment as a juvenile justice officer, within the meaning of the Children (Detention Centres) Act 1987, or
in the course of the driver’s employment as a correctional officer, within the meaning of the Crimes (Administration of Sentences) Act 1999, or
in the course of performing the duties of a correctional officer in accordance with an authority issued under the Crimes (Administration of Sentences) Act 1999, section 240.
This rule does not apply to the driver of a motor vehicle who is the holder of a learner licence or a provisional P1 or P2 licence.
Note—
This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
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