Appropriate securing of passengers under 16 years old
266A Appropriate securing of passengers under 16 years old
A passenger who is less than 6 months old must be restrained in a suitable rearward facing approved child restraint.
A passenger who is 6 months old or older, but is less than 4 years old, must be restrained in a suitable—
rearward facing approved child restraint; or
forward facing approved child restraint that has an inbuilt harness.
A passenger who is 4 years old or older, but is less than 7 years old, must—
be restrained in a suitable forward facing approved child restraint that has an inbuilt harness; or
occupy a seating position that is fitted with an approved seatbelt and be restrained in—
a suitable lap and sash type approved seatbelt; or
a lap type seatbelt fitted with an approved child safety harness; or
be placed on a properly positioned approved booster seat and be restrained by either—
a suitable lap and sash type approved seatbelt; or
a suitable approved child safety harness.
Rule 266A(4) substituted by S.R. No. 7/2023 rule 12(1).
A passenger who is less than 7 years old and is exempt from being restrained in an approved child restraint or being placed in an approved booster seat under rule 267(3)—
must occupy a seating position that is fitted with an approved seatbelt; and
must wear the seatbelt; and
must not occupy a seating position in the front row unless the passenger is also exempt under rule 267(4).
A passenger who is 7 years old or older, but under 16 years old, must—
be restrained in a suitable approved child restraint; or
occupy a seating position that is fitted with an approved seatbelt and be restrained in—
a suitable lap and sash type approved seatbelt; or
a lap type seatbelt fitted with an approved child safety harness; or
be placed on a properly positioned approved booster seat and be restrained by either—
a suitable lap and sash type approved seatbelt; or
a suitable approved child safety harness; or
occupy a seating position that is fitted with a suitable approved seatbelt.
Rule 266A(6) revoked by S.R. No. 7/2023 rule 12(2).
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If, because of a passenger's height or weight, the passenger cannot be restrained—
as required by subrule (1)—the passenger must be restrained in accordance with subrule (2); or
as required by subrule (2) or paragraph (a)—the passenger must be restrained in accordance with subrule (3); or
as required by subrule (3) or paragraph (b)—the passenger must be restrained in accordance with subrule (5).
If the motor vehicle is a bus, public minibus, taxi or tow truck and there is no suitable approved child restraint or approved booster seat available in the motor vehicle for the passenger—
a passenger who is under one year old is taken to be appropriately secured if the passenger is seated in the lap of another passenger who is 16 years old or older; and
a passenger who is at least one year old but under 7 years old is taken to be appropriately secured if the passenger is occupying a seating position fitted with a suitable approved seatbelt and wearing the seatbelt.
For this rule, a child restraint 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
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.
Note
Approved booster seat, approved child restraint, approved child safety harness and approved seatbelt are defined in the dictionary.
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