Thread: Finally rear seats/benches

Originally Posted by Hebe

That's why I was/am hesitant. Because no good lawyer and certainly no cash left... That's why I looked up the law on seatbelts.

In fact the parents asked me, and all the kids had eager eyes when they heard the question.

Anyone can show me the law which says 'can not'?

you need to ring and ask the question...

Well, it was a bit confusing yesterday. But reading the rules and laws more thoroughly it is clear. NO Children Under 7 Without Appropiate Seatbelts/Restraints. For vehicles before 1969/1971 there is no requirement for seatbelts/restraints, and above 7 years of age you are thus excempted from wearing seat belts.

Here everything neatly together (and yes I am still happy with the seats, even though I will have to dissapoint a few children) Can we get politicians to get rid of Rule 267 article 1B, or add another exception for classics? But I guess this all only applies to public roads?... ok, ok, ok ... I'll accept defeat...

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Vehicle Standard (Australian Design Rule 4/05 – Seatbelts) 2012 LINK


3. APPLICABILITY

This vehicle standard applies to the design and construction of LEP, LEG, and all M and N category vehicles from the dates set out in clauses 3.1, 3.2, 3.3 and 3.7.

3.1. 1 July 2013 on all new model vehicles.

3.2. 1 July 2015 on all vehicles of LEP, LEG, MA, MB, MD, ME and N category.

3.3. 1 November 2015 on all vehicles of MC category.

3.4. For the purposes of clause 3.1 a "new model" is a vehicle model first produced with a 'Date of manufacture' on or after the agreed date in clause 3.1.

3.5. LEP & LEG category vehicles must comply with M1 and N1 category vehicle requirements respectively.

3.6. For Omnibuses complying with ADR 68/..., seatbelts in seats other than the driver’s seat must comply with clause 6 and either the standards referenced in clause 7 or Appendix A clauses 6 and 7. Appendix A clause 8 shall not apply.

3.6.1. A three‑point belt, lap belt and emergency locking retractor are equivalent to a ‘Lap-Sash Belt’, a ‘Lap Belt’ and an ‘Emergency Locking Retractor’ respectively.

Vehicle Category / ADR Category Code / UNECE Category Code * / Manufactured on or After / Acceptable Prior Rules /
Off-road passenger vehicle / MC / M1 / 1 July 2013** / Nil

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VIC ROADS
Vehicle Standards Information 21
Summary of Seat Belts and Child Restraint Fitting Requirements
LINK


Introduction
This publication is a guide to the regulations that apply to the fitting of seat belt and child restrain anchorage in motor vehicles. The precise and detailed requirements are contained in the applicable Australian Design Rules (ADRs).

Certain vehicles, depending on the type and date of manufacture, are required to be fitted with seat belts and child restraint anchorages. A table outlining these requirements is provided in this information sheet. Vehicles within each category, manufactured on or after the date shown must be fitted with the correct type of seat belt and child restraint anchorage, as set out in the table. A description of the category codes is shown below. Generally, vehicles manufactured after June 1988 will have the appropiate vehicle category code marked on the Compliance Plate.

Vehicle Category Codes
MA Passenger Car
MB Forward Control Passenger Vehicle
MC Off Road Passenger Vehicle
NA Light Goods Vehicle

Seat Belt Application Table
Each vehicle category manufactured on or after the date shown in this table must be fitted with seat belts and child restraint anchorages as indicated.

Vehicle Category
MA 1/1/1969 (earliest date, different per seat location/belt type)
MB 1/1/1971 (earliest date, different per seat location/belt type)
MC 1/1/1971 (earliest date, different per seat location/belt type)
NA 1/1/1971 (earliest date, different per seat location/belt type)
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Authorised Version No. 009
Road Safety Road Rules 2009
S.R. No. 94/2009
Authorised Version incorporating amendments as at 11 December 2012
LINK


PART 16—RULES FOR PERSONS TRAVELLING IN OR ON VEHICLES

263 Application of Part to persons in or on trams
This Part, except rule 269(1), does not apply to a person in or on a tram.

264 Wearing of seatbelts by drivers
(1) The driver of a motor vehicle that is moving, or is stationary but not parked, must comply with this rule if the driver's seating position is fitted with an approved seatbelt.

(2) The driver must wear the seatbelt properly adjusted and fastened unless the driver is—
(a) reversing the vehicle; or
(b) exempt from wearing a seatbelt under rule 267.

265 Wearing of seatbelts by passengers 16 years old, or older

(1) A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subrule (2) if he or she—
(a) is 16 years old or older; and
(b) is not exempt from wearing a seatbelt under rule 267.

(2) The passenger—
(a) must occupy a seating position that is fitted with an approved seatbelt; and
(b) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seat belt under rule 267); and
(c) must wear the seatbelt properly adjusted and fastened.

(3) The driver of a motor vehicle (except a bus or taxi) that is moving, or that is stationary but not parked, must ensure that each passenger in or on the vehicle who is 16 years old or older complies with subrule (2), unless the passenger is exempt from wearing a seatbelt under rule 267 or unless subrule (4) applies.

(4) The driver of a corrections vehicle or the driver of a sheriff's vehicle, that is moving, or that is stationary but not parked, is exempt from subrule (3) in relation to a passenger in or on the vehicle if—
(a) in the case of a vehicle that has 2 or more rows of seats
—the passenger is not in the front row of seats or the passenger is in the front row of seats because there is not a seating position available for the passenger in another row of seats; or
(b) in the case of a vehicle that has a caged, or other secured, area designed for the carriage of passengers
—the passenger occupies a seating position in that area.

266 Wearing of seatbelts by passengers under 16 years old
(1) The driver of a motor vehicle (except a bus or motor bike) that is moving, or is stationary but not parked, must ensure that this rule is complied with for each passenger in or on the vehicle who is under 16 years old.

(2) If the passenger is less than 6 months old, he or she must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint.

(2A) If the passenger is 6 months old or older, but is less than 4 years old, he or she must be restrained in a suitable and properly fastened and adjusted—
(a) rearward facing approved child restraint; or
(b) forward facing approved child restraint that has an inbuilt harness.

(2B) If the passenger is 4 years old or older, but is less than 7 years old, he or she must—
(a) be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or
(ba) be placed in a seating position in accordance with rule 268(4B) and be restrained in—
(i) a suitable and properly fastened and adjusted lap and sash type seatbelt; or
(ii) a lap type seatbelt fitted with an approved child safety harness; or
(b) be placed on a properly positioned approved booster seat and be restrained by an approved seatbelt that is properly adjusted and fastened.

(3) A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats.

(3A) A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless in the row or rows behind the front row—
(a) all of the other seats are occupied by passengers who are also less than 7 years old; or
(b) there is no empty seating position in which the passenger can sit in accordance with this rule.

(4) If the passenger is 7 years old or older but under 16 years old—
(a) he or she must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or
(b) he or she—
(i) must occupy a seating position that is fitted with a suitable approved seatbelt; and
(ii) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and
(iii) must wear the seatbelt properly adjusted and fastened.
In relation to paragraph (b)(iii), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.

(4A) Subrules (2), (2A), (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under rule 267.

(4B) If a passenger cannot safely be restrained as required by subrule (2) because of his or her height or weight, he or she must be restrained as if subrule (2A) applied to him or her.

(4C) If a passenger cannot safely be restrained as required by subrule (2A) or (4B) because of his or her height or weight, he or she must be restrained as if subrule (2B) applied to him or her.

(4D) If a passenger cannot safely be restrained as required by subrule (2B) or (4C) because of his or her height or weight, he or she must be restrained as if subrule (4) applied to him or her.

(4E) In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subrule (2B)(b) or (4)(b)(iii), as the case may be, if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger.

(5) Subject to subrule (5A), the driver of a public minibus or taxi is exempt from subrules (2), (2A) and (2B) in relation to a passenger if—
(a) there is no suitable approved child restraint or approved booster seat available in the minibus or taxi for the passenger; and
(b) if the minibus or taxi has 2 or more rows of seats—the passenger is not in the front row of seats.

(5AA) Subject to subrule (5A), the driver of a tow truck is exempt from subrules (2), (2A) and (2B) in relation to a passenger if—
(a) there is no suitable approved child restraint or approved booster seat available in the tow truck; and
(b) if the tow truck has 2 or more rows of seats—the passenger is not in the front row of seats; and
(c) the passenger was a passenger in a motor vehicle that is being or has been towed by that tow truck; and
(d) the passenger is accompanying the driver of the tow truck—
(i) while the vehicle is being towed; or
(ii) after the vehicle has been towed, for the purpose of being driven to the passenger's home or other convenient place.
(5A) If a passenger, in relation to whom subrule (5) or (5AA) applies, is at least 1 year old but under 7 years old, and not exempt from wearing a seatbelt under rule 267, the passenger must occupy a seating position fitted with a suitable approved seatbelt and wear the seatbelt properly adjusted and fastened.

(6) For this rule—
(a) an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and
(b) an approved child restraint or approved seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger.

(6A) For this rule, a child restraint that is properly fastened and adjusted—
(a) is forward facing if, once it restrains a passenger, his or her head is closer to the rear of the vehicle than his or her feet;
(b) is rearward facing if, once it restrains a passenger, his or her feet are closer to the rear of the vehicle than his or her head.

(7) In this rule—
approved booster seat means a child restraint that is approved, for the purposes of these Rules, by the Corporation under rule 407(a);
approved child restraint means a child restraint that is approved, for the purposes of these Rules, by the Corporation under rule 407(b);
approved child safety harness means a child safety harness that is approved, for the purposes of these Rules, by the Corporation under rule 407(c).
407 Corporation may declare or approve items for the purposes of the Road Rules
The Corporation, by notice published in the Government Gazette, may declare, for the purposes of these Rules—
(a) a booster seat to be an approved booster seat;
(b) a child restraint to be an approved child restraint;
(c) a child safety harness to be an approved child safety harness;
(d) a motor bike helmet to be an approved motor bike helmet;
(e) a horse riding helmet to be an approved horse riding helmet;
(f) a bicycle helmet to be an approved bicycle helmet;
(g) items to be approved as portable warning triangles;
(h) a seatbelt to be an approved seatbelt.

267 Exemptions from wearing seatbelts
(1) A person is exempt from wearing a seatbelt if—
(a) the Corporation has certified that it would be impracticable, undesirable or inexpedient for the person to wear a seatbelt; and
(b) the conditions stated in the certificate (if any) and those imposed under subrule (4) are complied with; and
(c) in the case of a person who is a passenger in or on a motor vehicle with 2 or more rows of seats—the person is not in the front row of seats.

(1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if—
(a) the seating position that he or she occupies is not fitted with a seatbelt; and
(b) there is no requirement for that seating position to be fitted with a seatbelt; and
(c) all passengers in the vehicle who are exempt from wearing a seatbelt are complying with subrule (8).

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

(1C) To avoid doubt, subrule (1A) does not authorise a passenger to whom subrule 266(3) or (3A) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats.

(2) A person in or on a motor vehicle is exempt from wearing a seatbelt if—
(a) the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; and
(b) the vehicle is not travelling over 25 kilometres per hour.

(3) The Corporation may issue a certificate stating—
(a) that it is impractical, undesirable or inexpedient that the person named in the certificate wear a seatbelt; and
(b) any conditions to which the certificate is subject.

(3A) A person is exempt from wearing a seatbelt if—
(a) a medical practitioner has issued a certificate stating that, because of medical unfitness or physical disability, it is impractical, undesirable or inexpedient that the person wear a seatbelt; and
(b) the certificate—
(i) is signed by a medical practitioner; and
(ii) displays a date of issue and an expiry date that is a date not more than 12 months after the date of issue; and
(iii) has not expired; and
(c) the conditions stated in the certificate (if any) and those imposed under subrule (4) are complied with.

(4) A certificate issued under subrule (3) or (3A)(a) is subject to the condition that—
(a) if the certificate is carried in the vehicle in or on which the person to whom it applies is travelling; and
(b) the certificate is produced by the person, or the driver of the vehicle, when requested to do so by a police officer or authorised person.
(5) A person is exempt from wearing a seatbelt if—
(a) the person is a passenger in or on a police vehicle, emergency vehicle or enforcement vehicle; and
(b) either—
(i) if the vehicle has 2 or more rows of seats—the person is not in the front row of seats or there is not a seating position available for the person in another row of seats; or
(ii) if the vehicle is a police vehicle and has a caged, or other secured, area designed for the carriage of passengers—the person occupies a seating position in that area.

(6) A person is exempt from wearing a seatbelt if he or she is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle.

(7) If a truck or bus has a sleeper compartment, a two-up driver of the truck or bus is exempt from wearing a seatbelt while he or she occupies the sleeper compartment for rest purposes.

(8) 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 this rule 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 this rule would be required to occupy a seating position that is not fitted with a seatbelt or an approved child restraint.

(9) In this rule—
medical practitioner means a person who is a registered medical practitioner within the meaning of the Health Professions Registration Act 2005;
two-up driver means a person accompanying a driver of a truck or bus on a journey, or part of a journey, who has been, is or will be sharing the task of driving the truck or bus during the journey.