Seatbelts
Drivers to make sure seatbelts and child restraints are used
It is the responsibility of the driver to ensure that all passengers in the car are wearing a seatbelt or a child restraint.
When all seatbelts or child restraints are used, no extra unrestrained passengers are permitted in the vehicle (implemented December 2008).
Exemptions
This rule does not apply to the driver of a bus. The rule also does not apply to a taxi driver with passengers 16 years old or older.
However, an adult passenger commits an offence themselves if they travel in a taxi without a seatbelt.
Also there are exemptions for some types of vehicles that are not required to be fitted with seatbelts.
What you have to do
As the driver, you have to ensure that anyone travelling in the vehicle is in their own child restraint (for passengers under seven years of age) or seatbelt.
What should a driver do if a passenger refuses to wear a seatbelt?
A driver must ensure each passenger is wearing a seatbelt or in an approved child restraint before starting the vehicle. If the driver notices the passenger has undone their seatbelt, the driver should request that it be done up.
If the passenger refuses to re-fasten the seatbelt, the driver should stop the car when safe to do so.
It is important to remember that, in a crash, an unrestrained passenger has a much greater risk of injury or death or may cause injury or death to the driver, or other passengers within the car.
Road safety reason
Wearing a seatbelt is one of the simplest and most effective ways of protecting drivers and passengers. Each year about 20 per cent of all car occupants killed in road crashes were not wearing a seatbelt.
Click here to see the Frequently Asked Questions.
Information on the new road safety rules and seatbelts is also available in the following languages.
