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232. Driver to wear seatbelt

(1)The driver of a motor vehicle that is moving, or is stationary but not parked, must comply with this regulation if the drivers seating position

(a) is fitted with a seatbelt; or

(b) is required by a written law to be fitted with a seatbelt.

(2) The driver must wear a seatbelt properly adjusted and securely fastened unless the driver is

(a) reversing the vehicle; or

(b) exempt from wearing a seatbelt under regulation 235.

Points and modified penalty: see regulation 235A.

[Regulation 232 inserted in Gazette 4 Jun 2010 p.2401-2.]

Regulation 233 deals with the wearing of seatbelts by passengers 16 years or older

Regulation 234 deals with the wearing of seatbelts by passengers under 16 years of age

Regulation 235 gives specific exemptions from wearing seatbelts and defences.?? There are no defences for the driver of a bus not wearing a seat belt (if fitted)

 

284. General exemptions from seatbelt provisions

(1) Part 16 does not apply to

(a) a member of the Police Force when the driving is in the course of his or her duty and in urgent circumstances; or

(b) the drivers and passengers of fire fighting vehicles when engaged in fire fighting activity;

(c) an ambulance officer or any person providing medical assistance to a person;

(d) a person who, or class of persons that, has been exempted in writing by the Director General from the application of the Part, and is complying with any terms and conditions of that exemption.

(2) Part 16 Divisions 2 and 4 do not apply to passengers of a member of the Police Force or to members of the Police Force when conveying passengers if, in the officers opinion, the wearing of a seatbelt would be inappropriate (for example, when the passenger is in lawful custody, or when the safety of the officer may be compromised).

(3) Regulations 233 and 234 do not apply to the driver of a bus.

(4) Regulation 234 does not apply to the following:

(a) the driver of, or passengers on or in, an emergency vehicle;

(b) the driver of, or passengers on or in, a vehicle while it is being used solely, or principally, for agricultural purposes or farming activities.

[Regulation 284 amended in Gazette 23 Sep 2003 p.4171; 9 Mar 2007 p. 849; 4 Jun 2010 p. 2413 and 2414-15; 19 Nov 2010 p. 5757.]

All these relevant Regulations can be found in the WA Road Traffic Code 2000.

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