Wearing of seatbelts by passengers under 16 years old
266 Wearing of seatbelts by passengers under 16 years old
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Note—
The Australian Road Rules, rule 266(1) has not been reproduced in these Rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
A passenger who is less than 6 months old must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint.
Note 1.
Approved child restraint is defined in subrule (7), approved seatbelt is defined in the Dictionary and rearward facing is defined in subrule (6A).
Note 2.
See subrule (4B) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.
3—
Subrule (2) is not uniform with the corresponding subrule in the Australian Road Rules, rule 266.
A passenger who is 6 months old or older, but is less than 4 years old, must be restrained in a suitable and properly fastened and adjusted—
rearward facing approved child restraint, or
forward facing approved child restraint that has an inbuilt harness.
Note 1.
Approved child restraint is defined in subrule (7) and forward facing and rearward facing are defined in subrule (6A).
Note 2.
See subrule (4C) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.
3—
Subrule (2A) is not uniform with the corresponding subrule in the Australian Road Rules, rule 266.
A passenger who is 4 years old or older, but is less than 7 years old, must—
be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness, or
be placed on a properly positioned approved booster seat and be restrained by either a suitable lap and sash type approved seatbelt that is properly adjusted and fastened, or by a suitable approved child safety harness that is properly adjusted and fastened, or
if he or she is seated in a seating position in a part of the vehicle that is designed primarily for the carriage of goods—
be restrained by a suitable lap and sash style seatbelt that is properly adjusted and fastened, or
have his or her hip restrained by a suitable lap type seatbelt that is properly adjusted and fastened, and have his or her upper body restrained by an approved child safety harness that is properly adjusted and fastened.
Examples of seatbelts being properly adjusted and fastened—
1 A lap and sash seatbelt is properly adjusted and fastened for a passenger if—
the seatbelt is secured in the buckle with the lap portion of the belt sitting low and firmly over the passenger’s hips, and
the sash portion of the belt is positioned firmly over the passenger’s shoulder and not under the passenger’s arm furthest from the secured buckle or behind the passenger’s back.
2 A lap belt is properly adjusted and fastened for a passenger if the seatbelt is secured in the buckle with the belt sitting low and firmly over the passenger’s hips.
Note 1.
Approved booster seat, approved child restraint and approved child safety harness are defined in subrule (7) and forward facing is defined in subrule (6A).
Note 2.
See subrule (4D) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.
Note 3.
In relation to paragraph (b), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.
Note 4.
In relation to paragraph (c), under rule 268(2), a person may only occupy a seating position in a part of a vehicle that is designed primarily for the carriage of goods if that part of the vehicle is enclosed and that position is suitable for the size and weight of the person.
5—
Subrule (2B) is not uniform with the corresponding subrule in the Australian Road Rules, rule 266.
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Note—
The Australian Road Rules, rule 266(2C) has not been reproduced in these rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
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Note—
The Australian Road Rules, rule 266(2D) has not been reproduced in these rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats.
A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless there is no available seating position in the row or rows behind the front row in which the passenger can sit in accordance with this rule.
(3A–1) For the purposes of subrule (3A), an available seating position includes a seating position that is occupied by another passenger who would, under this Part, be able to occupy a different seating position, but does not include a seating position in a part of the vehicle that is designed primarily for the carriage of goods.
Example.
Subrule (3A) would permit a 6 year old to sit in the front row of a vehicle that has 2 rows of seats if 2 occupied approved child restraints in the back row encroached on an empty seating position between them in a way that made it impossible for another approved child restraint or booster seat to be placed in that position.
Note.
Subrule (3A) is not uniform with the corresponding subrule in rule 266 of the Australian Road Rules. Subrule (3A–1) is an additional NSW subrule. There is no corresponding subrule in rule 266 of the Australian Road Rules.
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Note—
The Australian Road Rules, rule 266(3B) has not been reproduced in these rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
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Note—
The Australian Road Rules, rule 266(3C) has not been reproduced in these rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
If the passenger is at least 7 years old but under 16 years old—
he or she must be placed on a properly positioned approved booster seat and restrained by a properly adjusted and fastened—
seatbelt, or
approved child safety harness, or
he or she must be restrained in a suitable and properly adjusted and fastened forward facing approved child restraint that is or was designated as a Type G child restraint under the relevant Australian Standard and has an inbuilt harness, or
he or she—
must occupy a seating position that is fitted with a suitable approved seatbelt, and
must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267), and
must wear the seatbelt properly adjusted and fastened.
Examples of seatbelts being properly adjusted and fastened—
1 A lap and sash seatbelt is properly adjusted and fastened for a passenger if—
the seatbelt is secured in the buckle with the lap portion of the belt sitting low and firmly over the passenger’s hips, and
the sash portion of the belt is positioned firmly over the passenger’s shoulder and not under the passenger’s arm furthest from the secured buckle or behind the passenger’s back.
2 A lap belt is properly adjusted and fastened for a passenger if the seatbelt is secured in the buckle with the belt sitting low and firmly over the passenger’s hips.
Note 1.
In relation to paragraph (b)(iii), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.
Note 2.
Subrule (4) is not uniform with the corresponding paragraph in rule 266 of the Australian Road Rules.
Subrules (2), (2A), (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under rule 267.
(4A–1) (Repealed)
If a passenger cannot safely be restrained as required by subrule (2) because of his or her height or weight, he or she must be restrained as if subrule (2A) applied to him or her.
If a passenger cannot safely be restrained as required by subrule (2A) or (4B) because of his or her height or weight, he or she must be restrained as if subrule (2B) applied to him or her.
If a passenger cannot safely be restrained as required by subrule (2B) or (4C) because of his or her height or weight, he or she must be restrained as if subrule (4) applied to him or her.
In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subrule (2B)(b) or (4)(b)(iii), as the case may be, if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger.
Note.
Approved child safety harness is defined in subrule (7).
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Note.
Rule 266(5) of the Australian Road Rules has not been reproduced in these Rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
(5–1) The provisions of this rule have effect in relation to passengers in or on taxis who are under 16 years old, subject to the following modifications—
subrule (2A) applies only in relation to passengers who are 6 months old or older, but less than 12 months old,
subrule (2B) does not apply to any passengers who are 4 years old or older, but less than 7 years old,
subrule (4) extends to passengers who are 12 months old or older, but less than 7 years old, in addition to passengers who are 7 years old or older, but under 16 years old.
Note 1.
Taxi is defined in the Dictionary.
Note 2.
This subrule is an additional NSW subrule. There is no corresponding subrule in rule 266 of the Australian Road Rules.
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Note.
Rule 266(5A) of the Australian Road Rules has not been reproduced in these Rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
(5A–1) Subrules (2A) and (2B) do not apply to passengers in a motor vehicle who are 12 months old or older, but less than 7 years old if—
the motor vehicle—
was manufactured before January 1971, and
is used on a road solely in the course of, or as an incident to, an activity of an organisation that is identified in the records of Transport for NSW as an historic vehicle club, and
is registered conditionally under clause 13 of the Road Transport (Vehicle Registration) Regulation 2017, and
is the subject of a written advice given by a relevant licensed certifier to the effect that it is not reasonably practicable for any of the restraints referred to in either of subrule (2A) or (2B) to be installed in the vehicle, and that written advice is carried in the vehicle while the passenger is in the vehicle, and
the passengers are not seated in the front row of the vehicle.
Note.
This subrule is an additional NSW subrule. There is no corresponding subrule in rule 266 of the Australian Road Rules.
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Note.
Rule 266(5B) of the Australian Road Rules has not been reproduced in these Rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
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Note.
Rule 266(5C) of the Australian Road Rules has not been reproduced in these Rules. The subrule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
For this rule—
an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old, and
an approved child restraint or approved seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger.
For this rule, a child restraint that is properly fastened and adjusted—
is forward facing if, once it restrains a passenger, his or her head is closer to the rear of the vehicle than his or her feet, and
is rearward facing if, once it restrains a passenger, his or her feet are closer to the rear of the vehicle than his or her head.
(6–1) This rule does not apply to the driver of a motor vehicle (other than a motor bike) who is the holder of a learner licence or a provisional P1 or P2 licence.
Note 1.
Motor bike, motor vehicle, provisional P1 licence and provisional P2 licence are defined in the Dictionary, and learner licence is defined in the Act.
Note 2.
Rule 267–1 provides for the use of seatbelts and other restraints by drivers of motor vehicles (other than motor bikes) who are holders of learner licences or provisional P1 or P2 licences and their passengers.
Note 3.
This subrule is an additional NSW subrule. There is no corresponding subrule in rule 266 of the Australian Road Rules.
(6–2) The driver of a motor vehicle does not commit an offence under this rule that arises from the refusal or failure of a passenger to wear a seatbelt properly fastened and adjusted if the passenger is in his or her lawful custody and is being transported by the driver in the course of his or her employment as a juvenile justice officer (within the meaning of the Children (Detention Centres) Act 1987).
Note 1.
This subrule is an additional NSW subrule. There is no corresponding subrule in rule 266 of the Australian Road Rules.
In this rule—
approved booster seat means any of the following—
a booster seat or booster cushion that—
is or was designated as a Type E or Type F child restraint under the relevant Australian Standard, and
complies with the edition of the relevant Australian Standard that was in force at the time of its manufacture in Australia or importation into Australia (as the case may be) or with any later edition of the Standard in force at the time the seat or cushion is being used, and
has an identifying mark from a body accredited or approved by the Joint Accreditation System of Australia and New Zealand that certifies compliance with the edition concerned of the Standard,
a booster seat or cushion that—
is an integrated part of a motor vehicle, and
was installed by the manufacturer of the motor vehicle to enable an existing adult lap-sash seatbelt to become suitable for use by a child, and
complies with the relevant Australian Design Rules under the Road Vehicle Standards Act 2018 of the Commonwealth for child restraints of the type concerned that was in force at the time the vehicle was manufactured or imported into Australia (as the case may be) or with any later edition of those Rules in force at the time the seat or cushion is being used.
Note.
This definition is not uniform with the definition in rule 266(7) of the Australian Road Rules. However, the definition in the Australian Road Rules allows another law of this jurisdiction to make provision for the approval of booster seats. Different definitions may apply in other Australian jurisdictions.
approved child restraint means a child restraint that—
is or was designated as a Type A1, A1/0, A2, A2/0, A3, A3/0, A4, A4/0, B, D, G or H child restraint under the relevant Australian Standard, and
complies with the edition of the relevant Australian Standard that was in force at the time of its manufacture in Australia or importation into Australia (as the case may be) or with any later edition of the Standard in force at the time the restraint is being used, and
has an identifying mark from a body accredited or approved by the Joint Accreditation System of Australia and New Zealand that certifies compliance with the edition concerned of the Standard.
Note.
This definition is not uniform with the definition in rule 266(7) of the Australian Road Rules. However, the definition in the Australian Road Rules allows another law of this jurisdiction to make provision for the approval of child restraints. Different definitions may apply in other Australian jurisdictions.
approved child safety harness means a harness that—
is or was designated as a Type C child restraint under the relevant Australian Standard, and
complies with the edition of the relevant Australian Standard that was in force at the time of its manufacture in Australia or importation into Australia (as the case may be) or with any later edition of the Standard in force at the time the harness is being used, and
has an identifying mark from a body accredited or approved by the Joint Accreditation System of Australia and New Zealand that certifies compliance with the edition concerned of the Standard.
Note.
This definition is not uniform with the definition in rule 266(7) of the Australian Road Rules. However, the definition in the Australian Road Rules allows another law of this jurisdiction to make provision for the approval of child safety harnesses. Different definitions may apply in other Australian jurisdictions.
relevant Australian Standard means any of the following editions of the Australian/New Zealand Standard for child restraint systems for use in motor vehicles (as in force from time to time)—
AS/NZS 1754:1995,
AS/NZS 1754:2000,
AS/NZS 1754:2004,
any subsequent edition of the Standard.
Note.
This is an additional NSW definition. There is no corresponding definition in rule 266 of the Australian Road Rules.
relevant licensed certifier means a person who is registered as a licensed certifier under the Vehicle Safety Compliance Certification Scheme of Transport for NSW.
Note.
This is an additional NSW definition. There is no corresponding definition in rule 266 of the Australian Road Rules.
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