Rear sideseats

[klonk]

Have just read Dintys last post about fitting rear side seats to his S1 and was wondering if anyone has any knowledge of the legalitys of carrying passengers on the road.
I also have a set that I want to fit to Klonk and use. I suppose each state will be different.

Cheers Steve

[Mick_Marsh]

Pre edition 2 ADRs. Should be as simple as just bolting them in. No seat belts neccessary.
Ah, but you do live in WA.

Did anyone hear any further info from that fellow who was taking the WA motor licensing people to task over their refusal to register his 2a shorty with rear seats?

[chazza]

Steve, have a look on the Dept of Transport website; they have a link to the standards for manufacturing your own seats, from the national authority.

I have always found the people in the engineering section at DoT very helpful, so it is worth ringing them and asking for their advice. Ultimately, DoT has the say on whether you can fit them or not,

Cheers Charlie

[Dinty]

I also don't think you can carry passengers in the rear whilst on the road, I just bought the seats to fill in the missing bits from the vehicle, I certainly will carry people in the back (if they wanted a ride) on private property and driving sensibly, cheers Dennis
ps I'm now on the lookout for the 2 grab handles,,.

[Mick_Marsh]

I also don't think you can carry passengers in the rear whilst on the road, I just bought the seats to fill in the missing bits from the vehicle, I certainly will carry people in the back (if they wanted a ride) on private property and driving sensibly, cheers Dennis
ps I'm now on the lookout for the 2 grab handles,,.

The way the law looks at it is "if there are seats there, they can be used.
So, If they can not legally be used, they must be removed."


What makes you think you can't carry passengers whilst on the road?

[JDNSW]

As far as I am aware, in NSW, the only restriction is that young children are not supposed to travel in side facing seats. As a general rule, changes in regulations are not retrospective.

Just as well, since there are many current ADRs that Series 1 Landrovers fail to meet - and the same goes for any cars built prior to the current ADRs, and the older, the more ADRs they tend not to meet.

John

[THE BOOGER]

I havent checked the date seat belts became compulsory but current adr says sideways seating is legal for every thing except baby capsules

https://www.legislation.gov.au/Details/F2012L00468

5.3 is specific lap belts only no other apparent retstrictions

[Mick_Marsh]

I havent checked the date seat belts became compulsory

https://infrastructure.gov.au/roads/...ign/pdf/04.pdf


For passenger cars, front 1.1.69, rear 1.1.71.
For Landrovers, I read it as, front 1.1.70, rear 1.1.71.

[JDNSW]

While all states and territories in theory adhere to the Commonwealth design rules, the actual rules for each state or territory are those implemented in state law or regulations. While some are clearly defined, such as the dates for fitting of seat belts on new vehicles, some of the other rules, such as side facing seats, are far less clearly defined.

As an example, ADRs specify when seat belts have to be fitted, but rules for wearing these are purely state/territory ones - and typically apply regardless of whether the ADR required belts - if fitted, they must be worn, even if they were not required to be fitted.

John

[Mick_Marsh]

ROAD SAFETY ROAD RULES 2009 - REG 267

Exemptions from wearing seatbelts or sitting in child restraints or booster seats


(1) A person is exempt from wearing a seatbelt if?
Rule 267(1)(a) amended by S.R. No. 146/2014 rule 23(1).
(a) the Corporation has certified that it would be impracticable, undesirable or inexpedient for the person, or a class of persons of which the person concerned is a member, to wear a seatbelt; and
(b) the conditions stated in the certificate (if any) and those imposed under subrule (4) are complied with; and
Rule 267(1)(c) amended by S.R. No. 47/2012 rule 21(1).
(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.
Note
Motor vehicle is defined in the Road Safety Act 1986 .
(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).
(1 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.
Note
Motor vehicle is defined in the Road Safety Act 1986 .
Rule 267(2A) inserted by S.R. No. 146/2014 rule 23(2).
(2A) Subrule (2) does not apply to a person who is under 7 years old.


(3) The Corporation may issue a certificate stating?
Rule 267(3)(a) amended by S.R. No. 146/2014 rule 23(3).
(a) that it is impractical, undesirable or inexpedient that the person, or class of persons, named in the certificate wear a seatbelt; and
(b) any conditions to which the certificate is subject.
Rule 267(3A) amended by S.R. No. 125/2015 rule 12(2).
(3A) A person is exempt from wearing a seatbelt or being restrained in an approved child restraint or being placed in an approved booster seat if?

Rule 267
(3A)(a) amended by S.R. Nos 146/2014 rule 23(4)(a), 125/2015 rule 12(3),
(4)(a).
(a) a registered medical practitioner has issued a certificate stating that, because of a disability or medical condition, it is impractical, undesirable or inexpedient that the person wear a seatbelt or be restrained in an approved child restraint or be placed in an approved booster seat; and
Rule 267
(3A)(b) amended by S.R. No. 146/2014 rule 23(4)(a), substituted by S.R. No. 125/2015 rule 12(4)(b).
(b) the certificate?
(i) is signed by a registered medical practitioner; and
(ii) contains an expiry date and has not expired; and

(c) the conditions stated in the certificate (if any) and those imposed under subrule (4) are complied with.
Note to rule 267(3A) revoked by S.R. No. 146/2014 rule 23(4)(b).
* * * * *



Note to rule 267(3A) inserted by S.R. No. 125/2015 rule 12(5).
Note
Approved booster seat and approved child restraint are defined in the dictionary.

Rule 267(3 inserted by S.R. No. 125/2015 rule 12(6).
(3 A person who is less than 7 years old and who is exempt from being restrained in an approved child restraint or being placed in an approved booster seat under subrule (3A)?
(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 seatbelt under this rule); and
(c) must wear the approved seatbelt properly adjusted and fastened; and
(d) must not occupy a seating position in the front row unless also exempt under subrule (3C).
Note
"Approved booster seat", approved child restraint and approved seatbelt are defined in the dictionary.
Rule 267(3C) inserted by S.R. No. 125/2015 rule 12(6).
(3C) A person who is less than 7 years old and who is a passenger in a vehicle is exempt from the front row restrictions set out in rule 266(3) and (3A) if?
(a) a registered medical practitioner has issued a certificate stating that, because of a disability or medical condition, the person should be permitted to travel in the front row of a motor vehicle; and
(b) the certificate?
(i) is signed by a registered medical practitioner; and
(ii) contains an expiry date and has not expired; and
(c) the conditions stated in the certificate (if any) and those imposed under subrule (4) are complied with.




Rule 267(4) amended by S.R. No. 125/2015 rule 12(7)
(4) A certificate issued under subrule (3), (3A)(a) or (3C)(a) is subject to the condition that?


Rule 267(4)(a) amended by S.R. No. 47/2012 rule 21(2).
(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.
Note
Authorised person and police officer are defined in the dictionary.
(5) A person is exempt from wearing a seatbelt if?
Rule 267(5)(a) amended by S.R. No. 7/2010 rule 6(1).
(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.
Note to rule 267(5) amended by S.R. No. 7/2010 rule 6(2).
Note
"Emergency vehicle", enforcement vehicle and police vehicle are defined in the dictionary.

(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.
Note
Bus is defined in the Road Safety Act 1986 and truck is defined in the dictionary.
(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.
Note to rule 267(8) inserted by S.R. No. 125/2015 rule 12(8).
Note
Approved child restraint is defined in the dictionary.


(9) In this rule?
Rule 267(9) def. of medical practitioner revoked by S.R. No. 146/2014 rule 23(5).
* * * * *



"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.

i.e. generally, if there is no seat belt available for the seating position you are seated in, you are exempt for the requirement of using a seat belt.