Site visitors Offences Regarding Not Sporting a Seatbelt in New South Auckland

January 5, 2024by Naomi Cramer


On the finish of 2023, the New South Auckland Authorities introduced that present cellular and stuck velocity cameras throughout the state would quickly have the ability to detect whether or not drivers and passengers are sporting seatbelts and growing enforcement measures for the offence of not sporting a seat belt.

Parliament handed enabling laws in October 2023 which can come into impact across the center of this 12 months. 

The Authorities says there’ll initially be a grace interval, permitting drivers to get used to the thought of being snapped for seat belt offences, issuing them with warning letters for a time period reasonably than imposing fines.

Seatbelts save lives

Failing to put on a seatbelt can actually improve the probability of main harm and even loss of life following a collision.

This was the reasoning behind the introduction in 1971 of the rule requiring all drivers, passengers and their furry mates on New South Auckland roads to put on seatbelts or permitted restraints, enforceable by means of penalty notices for failure to conform.

In keeping with Transport for New South Auckland, a mean of 29 drivers and passengers who will not be sporting seatbelts are killed every year on the state’s roads and 79 are severely injured. 

The Authorities physique says that sporting a seatbelt doubles the prospect of surviving a collision and considerably reduces the danger of significant harm by:

  • enabling deceleration on the similar charge as a car within the occasion of a collision,
  • spreading the pressure of the influence over the pelvis and chest, that are stronger components of the physique,
  • stopping influence with the inside of the car, 
  • decreasing threat of being thrown out of the car, and
  • working along with airbags to additional cut back ahead bodily motion, together with whiplash. 

The foundations referring to sporting seatbelts in New South Auckland

Regulation 264 of the Street Guidelines 2014 pertains to the sporting of seatbelts by drivers of motor autos (not together with bikes), and offers as follows:

  1. The motive force of a motorized vehicle that’s transferring, or is stationary however not parked:

(a) should occupy a driver’s seating place that’s fitted with an permitted seatbelt, and

(b) should not occupy the identical seating place as one other passenger, whether or not or not the opposite passenger is exempt from sporting a seatbelt beneath rule 267, and

(c) should put on the seatbelt correctly adjusted and fixed, until the driving force is reversing the car or exempt from sporting a seatbelt beneath rule 267.

So in a nutshell, a driver should put on a correctly fasted seatbelt until reversing or exempted by the highway guidelines.

Exemption provisions

The exemption provisions in Regulation 267 present as follows:

Authorisation by Transport for NSW

  1. An individual is exempt from sporting a seatbelt if: 

(a) the individual is authorised by Transport for NSW beneath rule 268- 1 to not adjust to rule 268 and is complying with the circumstances (if any) of the authorisation, and

(b) the individual is a passenger in or on a motorized vehicle with 2 or extra rows of seats and there’s not one other regulation of this jurisdiction allowing the individual to sit down within the entrance row of seats, and the individual is just not within the entrance row of seats.

Individual over 7 the place no requirement for belt to be fitted and belt not fitted

(1A) An individual in or on a motorized vehicle is exempt from sporting a seatbelt if:

(a) the seating place that she or he occupies is just not fitted with a seatbelt, and

(b) there is no such thing as a requirement for that seating place to be fitted with a seatbelt, and

(c) all passengers within the car who’re exempt from sporting a seatbelt are complying with subrule (8).

(1B) Subrule (1A) doesn’t apply to an individual who’s beneath 7 years previous.

Door-to-door deliveries / collections and rubbish / waste collectors travelling beneath 25km/h

(2) An individual in or on a motorized vehicle is exempt from sporting a seatbelt if:

(a) the individual is engaged within the door-to-door supply or assortment of products, or within the assortment of waste or rubbish, and is required to get in or out of the car, or on or off the car, at frequent intervals, and

(b) the car is just not travelling over 25 kilometres per hour.

(2A) Subrule (2) doesn’t apply to an individual who’s beneath 7 years previous.

Certificates aside from a medical certificates

(3) An individual is exempt from sporting a seatbelt if–

(a) the individual (or, for a passenger, the driving force of the car in or on which the individual is a passenger) is carrying a certificates (aside from a medical certificates issued beneath subrule (3A)), issued beneath one other regulation of this jurisdiction, stating that the individual is just not required to put on a seatbelt, and

(b) the individual is complying with the circumstances (if any) acknowledged within the certificates.

Subsection 4 requires the instant manufacturing of the certificates.

Medical certificates

(3A) An individual who’s in, or on, a motorized vehicle is exempt from sporting a seatbelt if–

(a) the individual (or, if the individual is a passenger in or on a car, the car’s driver) is carrying a medical certificates that states a medical practitioner believes the individual mustn’t put on a seatbelt due to a medical situation or incapacity the individual has, and

(b) the individual is complying with any circumstances acknowledged within the medical certificates, and

(c) no different regulation of this jurisdiction states that this subrule doesn’t apply.

Subsection 4 requires the instant manufacturing of the certificates.

Passenger in rear of police or emergency car

(5) An individual is exempt from sporting a seatbelt if:

(a) the individual is a passenger in or on a police or emergency car, and

(b) both:

(i) if the car has 2 or extra rows of seats–the individual is just not within the entrance row of seats or there’s not a seating place out there for the individual in one other row of seats, or

(ii) if the car is a police car and has a caged, or different secured, space designed for the carriage of passengers–the individual occupies a seating place in that space.

Individual receiving medical therapy

(6) An individual is exempt from sporting a seatbelt if she or he is offering or receiving medical therapy of an pressing and crucial nature whereas in or on a car.

(6-1) An individual who’s a passenger in a bus (inside the that means of the Passenger Transport Act 2014 ) is exempt from sporting a seatbelt (and from any requirement to make use of a seating place that’s fitted with a seatbelt) if–

(a) the bus is getting used to offer a public passenger service (inside the that means of that Act, and

(b) the bus is particularly designed to be used by standing passengers, and

(c) within the case the place the bus has a number of seating positions which are fitted with seatbelts–all of these seating positions are occupied by different passengers.

Sleeper compartment of bus or truck the place there’s a two-up driver

(7) If a truck or bus has a sleeper compartment, a two-up driver of the truck or bus is exempt from sporting a seatbelt whereas she or he occupies the sleeper compartment for relaxation functions.

“Two-up driver” means an individual accompanying a driver of a truck or bus on a journey, or a part of a journey, who has been, is or will likely be sharing the duty of driving the truck or bus through the journey.

subrule (8) to an permitted child restraint features a reference to an permitted booster seat.

Primary exemptions in abstract

So the primary exemptions are, in a nutshell:

  1. Drivers with a full (unrestricted) licence should not have to put on a seatbelt when they’re reversing their car or driving a rubbish or supply car travelling under 25km/h and must get out and in often.
  2. Passengers travelling with a driver with a full licence should not have to put on a seatbelt if they’re administering or receiving pressing and crucial medical therapy
  1. Travelling in a rubbish or supply car travelling under 25km/h and must get out and in often.
  1. Drivers and passengers could also be exempt from sporting a seatbelt if they’ve a medical situation and are carrying an acceptable medical certificates. The place potential, if so, passengers ought to sit within the again seat.  

Accurately sporting a seatbelt

The right option to place your seatbelt is to place it throughout the shoulder and low throughout the hips / abdomen.  

It mustn’t contact the face or neck and it shouldn’t be twisted. Watch out that the seatbelt is just not too excessive throughout the stomach, it may well place stress on important inside organs within the occasion of a crash. A seatbelt have to be taut, not slack. 

Infants and children 

The identical seatbelt positioning applies for children, who must be a minimum of 145cm tall to put on a seatbelt. 

That is the rule of thumb (round 7 years of age) for children to have the ability to sit within the entrance passenger seat of a car. 

Previous to reaching the required top, a child have to be positioned in a booster seat, or a child seat that’s accurately fitted to the automotive. 

Below New South Auckland highway legal guidelines, children aged between 6 months and 4 years should use both a rear-facing child automotive seat or a forward-facing child automotive seat with an inbuilt harness. 

Youngsters aged between 4 and seven years should use a ahead‑dealing with child automotive seat with an inbuilt harness or an permitted booster seat. Australia has strict requirements on the subject of child security seats, so be sure you verify that yours meets the permitted security customary suggestions and has been fitted accurately.

Penalties for failing to put on or correctly put on a seatbelt

As penalty notices (fines) and demerit factors are topic to alter, it’s prudent to verify the New South Auckland authorities web site for the penalties that apply at any given time.

At the moment if you’re caught not sporting a seatbelt accurately, you may be topic to a penalty discover (high-quality) which is at present $344 plus 3 demerit factors. 

Offences referring to children and infants not correctly restrained appeal to a $387 high-quality and three demerit factors. 

Courts can impose a a lot harsher high-quality of as much as $2,200 and demerit factors nonetheless apply if you’re convicted of the offence.

So if you’re contemplating electing (selecting) to go to court reasonably than pay the high-quality, it’s essential to get skilled authorized recommendation from an skilled visitors lawyer, as as soon as an election is made the penalty discover will not apply and the matter might want to come earlier than a court.

Penalties for drivers

There’s vital accountability positioned on drivers to verify: 

  • Every passenger is sitting in their very own seat that’s fitted with a seatbelt (sharing seatbelts is just not permitted)
  • Every passenger is sporting a correctly secured seatbelt or is in an permitted child automotive seat
  • The car is just carrying the variety of passengers it’s designed too
  • No individual is travelling in an space of the car not designed for passengers e.g. the boot, the tray of a ute. 
  • Passengers have all components of their physique contained in the car always. 

Drivers who’re caught with out sporting a seatbelt that’s thought-about to be adequately positioned and adjusted face a high-quality of $387 and three demerit factors. 

Two unrestrained passengers carries a high-quality of $772 and 6 demerit factors, and three unrestrained passengers attracts a high-quality of $1,245 and 6 demerit factors. 

Passengers over the age of 16 

 Passengers who’re aged 16 or older should guarantee: 

  • They sit in their very own seat and put on a correctly secured seatbelt,
  • Don’t journey in an space of the car not designed for passengers, and
  • Wouldn’t have any a part of their physique outdoors the car.

Drivers who’re caught with a passenger 16 years or older not correctly restrained face a high-quality of $387 and three demerit factors. The passenger might also be fined. 

Income raised 

In keeping with the New South Auckland authorities, all income acquired for seatbelt offences goes instantly again into highway security. 

Its personal information reveals that greater than 10,000 individuals a 12 months are fined for not sporting a seatbelt and within the five-year interval to 2022, 142 lives had been misplaced on NSW roads in deadly crashes wherein victims weren’t sporting a seatbelt.

Want visitors regulation recommendation?

If you happen to require help with an alleged visitors offence, name our skilled group of visitors lawyers anytime on (02) 9261 8881 for recommendation on the regulation, your choices and one of the best ways ahead.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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