Road Safety Road Rules 2017

A person in or on a motor vehicle is exempt from wearing a seatbelt if—

the seating position that the person occupies is not fitted with a seatbelt; and

there is no requirement for that seating position to be fitted with a seatbelt; and

all passengers in the vehicle who are exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C are complying with subrule (4); and

there are no other seats available that are fitted with a seatbelt.

Subrule (1) does not apply to a person who is under 7 years old.

To avoid doubt, subrule (1) does not authorise a passenger to whom rule 266A(4)(c) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats.

If a vehicle does not have seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under rule 267 must not occupy a seating position that is fitted with a seatbelt or an approved child restraint if the result would be that a passenger who is not exempt from wearing a seatbelt under that rule would be required to occupy a seating position that is not fitted with a seatbelt or an approved child restraint.