Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATIONS 2002 (2002 NO 2) - REG 28

substitute

    (2)     A passenger mentioned in subregulation (1) is exempt from wearing a seatbelt if—

        (a)     the motor vehicle is not required to be fitted with child restraint anchorages or seatbelts under the 2 ^nd or 3 ^rd edition ADR and the vehicle has not been fitted with a child restraint anchorage point or a seatbelt for a seating position that is available for the passenger; or

        (b)     the motor vehicle is registered in a State that does not have a law that substantially corresponds to subregulation (1); or

        (c)     the motor vehicle is a taxi and a seating position (other than a front passenger seat) fitted with a suitable approved child restraint or seatbelt is not available for the passenger.

Note 1     The exemption applies to a passenger in a vehicle that has 2 or more rows of seats only if the passenger sits in the rear seats, see the ARR, r 267 (1).

Note 2     Taxi includes a private hire car and a restricted hire vehicle, see
reg 33 (1), def of taxi .

Note 3     The defence of sudden or extraordinary emergency is also available, see the Criminal Code , s 10.3 (as applied by reg 115).