264–2 NSW rule: medical exemption—passenger less than 16 years of age
264.2 264–2 NSW rule: medical exemption—passenger less than 16 years of age
The driver of a motor vehicle does not commit an offence under rule 264–1(1) relating to a passenger not complying with rule 266(2), (2A) or (2B) if—
the driver is carrying a medical certificate stating that a medical practitioner believes the passenger should not be restrained in the way described in those subrules because of a medical condition or disability that the passenger has, and
the passenger is properly restrained in a child restraint that has been designed for, and is suitable for use by, the passenger or a person with the same medical condition or disability as the passenger, and
the driver is complying with any conditions stated in the medical certificate, and
no other law of this jurisdiction states that this subrule does not apply.
The driver of a motor vehicle does not commit an offence under rule 264–1(1) relating to a passenger not complying with rule 266(3) or (3A) if—
the driver is carrying a medical certificate stating that a medical practitioner believes the passenger should not be seated in the position described in those subrules because of a medical condition or disability that the passenger has, and
the driver is complying with any conditions stated in the medical certificate, and
no other law of this jurisdiction states that this subrule does not apply.
Subrules (1) and (2) only apply to a driver who produces the relevant medical certificate or a copy of the certificate—
for a camera recorded offence—to the Commissioner of Fines Administration—
within 28 days after receiving a penalty notice, or
during an internal review conducted under the Fines Act 1996, Part 3, Division 2A, or
otherwise—to an authorised person immediately after being asked to do so by the authorised person.
Note—
This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
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