267–1 NSW rule: restraint of drivers who are holders of learner licences or provisional P1 or P2 licences and their passengers
267.1 267–1 NSW rule: restraint of drivers who are holders of learner licences or provisional P1 or P2 licences and their passengers
This rule applies 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.
Motor bike, motor vehicle, provisional P1 licence and provisional P2 licence are defined in the Dictionary, and learner licence is defined in the Act.
The driver must not drive the driver’s vehicle unless—
the driver and each passenger who is 16 years old or older occupies a seating position fitted with a suitable seatbelt and is wearing the seatbelt properly fastened and adjusted, and
the driver ensures that each passenger who is under 16 years old is restrained in the appropriate child restraint for a person of the passenger’s age.
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.
Maximum penalty—20 penalty units.
Note.
See subrule (3) for the appropriate child restraint for a passenger who is under 16 years old.
For the purposes of subrule (2)(b), a passenger who is under 16 years old is restrained in the appropriate child restraint for a person of the passenger’s age if the passenger is restrained in an approved child restraint, or is using a seatbelt, approved booster seat or approved child safety harness, in a manner (including positioning) that is required or permitted under rule 266 for a person of the passenger’s age.
Note 1.
Approved booster seat, approved child safety harness and approved child restraint are defined in rule 266.
Note 2.
The exemptions in rule 267 (except for those in rule 267(3A) and (4–1) do not apply in relation to the use of appropriate child restraints. See subrules (5)(a) and (7).
Note 3.
Rule 266 does not directly apply to drivers to whom this rule applies. See rule 266(6–1).
A person who is 16 years old or older must not travel in or on a motor vehicle (other than a motor bike) driven by a driver to whom this rule applies unless the person is occupying a seating position to which a suitable seatbelt is fitted and the person is using the seatbelt properly fastened and adjusted.
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.
Maximum penalty—20 penalty units.
Subrules (2) and (4) do not apply to a driver or passenger if—
the driver or passenger is exempt from wearing a seatbelt, or from being restrained in an approved child restraint or placed on an approved booster seat, under rule 267(3A) or (4–1), or
the driver or passenger belongs to a class of persons exempted from the application of the subrule by an order of Transport for NSW.
Note.
Approved booster seat and approved child restraint are defined in rule 266.
(Repealed)
Except as provided by subrule (5)(a), the exemptions in rule 267 do not apply in relation to the use of seatbelts or appropriate child restraints as required by subrule (2) or (4).
Note.
This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
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