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ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2010 (NO 1) (NO 5 OF 2010) - REG 58

Section 23B

substitute

23A     ARR r 266—children travelling in interstate registered vehicles

    (1)     This section applies to a passenger in or on a motor vehicle (other than a bus or motorbike) who is under 7 years old.

    (2)     For the Australian Road Rules, rule 266, the passenger is exempt from rule 266 if the motor vehicle is registered in a State that does not have a law that substantially corresponds to rule 266.

23B     ARR r 266 (2B)—children travelling in goods compartments

    (1)     This section applies to a passenger in a motor vehicle who is—

        (a)     at least 4 years old; and

        (b)     under 7 years old; and

        (c)     travelling in a seating position in a part of the vehicle that is designed primarily for the carriage of goods.

    (2)     For the Australian Road Rules, rule 266 (2B), the passenger is exempt from—

        (a)     being restrained in an approved child restraint; or

        (b)     being placed in an approved booster seat and restrained by a seatbelt.

    (3)     However, the passenger must be—

        (a)     restrained by a suitable lap and sash type seatbelt; or

        (b)     restrained by—

              (i)     for the midsection of the passenger's body—a lap type seatbelt; and

              (ii)     for the passenger's upper body—an approved child safety harness.

Note     A person must not travel in a seating position in a part of a vehicle that is designed primarily for the carriage of goods unless the position is suitable for the size and weight of the person (see ARR, r 268 (2)).



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