Land Transport (Road User) Rule 2004

7.11 Exceptions to application of requirements relating to use of child restraints and seat belts

(1)

The requirements of clauses 7.6 to 7.10 do not apply to a driver (whether imposed in respect of himself or herself or any child), or to a passenger in any motor vehicle, if the driver or passenger produces to an enforcement officer, whenever required to do so by that officer, a certificate from a health practitioner certifying that the restraining of the person who would otherwise be required by those provisions to be restrained by a child restraint or seat belt is impracticable or undesirable for medical reasons.

(2)

A driver or passenger who is required to produce a certificate to an enforcement officer under subclause (1) has 7 days, after the day on which the requirement is imposed, to do so.

(2A)

If the certificate produced to the enforcement officer was issued on or after 1 October 2011,—

(a)

the certificate must specify the date on which it was issued and its expiry date; and

(b)

the expiry date must be on or after the day on which the certificate was required to be produced.

(3)

The requirements of clauses 7.7 to 7.10 do not apply to a driver (whether imposed in respect of himself or herself or any child), or to a passenger in any vehicle, if the person who would otherwise be required by those provisions to be restrained by a child restraint or seat belt—

(a)

is the driver and, while complying with the requirements of those clauses, could not reasonably operate effectively any of the following items of equipment:

(i)

footbrake or handbrake controls:

(ii)

headlamp or foglamp:

(iii)

direction-indicator control:

(iv)

horn:

(v)

windscreen-wiper control:

(vi)

choke:

(vii)

driver’s sun visor; or

(b)

is the driver of a vehicle that is travelling in reverse, and would not be able to reverse the vehicle in a safe manner if the driver were to comply with the requirements of those clauses; or

(c)

is the driver of a small passenger vehicle plying for hire; or

(d)

is a person who—

(i)

is engaged in the course of his or her employment in the delivery or collection of mail or newspapers or other goods, or the servicing of the vehicle, or meter reading or other similar duties, or spraying or other similar duties from the vehicle; and

(ii)

for that purpose is required to alight from and re-enter the vehicle at frequent intervals, so long as the vehicle is travelling at a speed not exceeding 50 km per hour; or

(e)

is an enforcement officer or prison officer travelling with another person who is not an enforcement officer or prison officer in circumstances in which it is impracticable or undesirable to wear a seat belt.

(4)

Clauses 7.6, 7.7, 7.8, and 7.10 do not apply to the driver of a bus.

(5)

The requirements of clause 7.6 do not apply to a driver (whether imposed in respect of himself or herself or any child), or to a passenger in any vehicle, if the driver—

(a)

is driving a passenger service vehicle in which no appropriate child restraints are available; or

(b)
[Revoked]

(c)

is driving a motor vehicle first registered before 1 January 1955 in which no seat belts are available; or

(d)

is driving a motorcycle; or

(e)

is driving a motor vehicle that is being used by an enforcement officer in the execution of the officer’s duty.

Compare: SR 1976/227 r 30C

Clause 7.11(1): amended, on 1 June 2019, by clause 13 of the Land Transport (Road User) Amendment Rule 2019 (LI 2019/83).

Clause 7.11(1): amended, on 1 November 2013, by clause 9(1) of the Land Transport (Road User) Amendment Rule (No 2) 2013 (SR 2013/278).

Clause 7.11(2): substituted, on 1 October 2011, by clause 16(1) of the Land Transport (Road User) Amendment Rule 2011 (SR 2011/307).

Clause 7.11(2A): inserted, on 1 October 2011, by clause 16(1) of the Land Transport (Road User) Amendment Rule 2011 (SR 2011/307).

Clause 7.11(3)(c): amended, on 1 October 2017, by section 110(8) of the Land Transport Amendment Act 2017 (2017 No 34).

Clause 7.11(4): substituted, on 1 November 2009, by clause 26 of the Land Transport (Road User) Amendment Rule 2009 (SR 2009/253).

Clause 7.11(4): amended, on 1 October 2011, by clause 16(2) of the Land Transport (Road User) Amendment Rule 2011 (SR 2011/307).

Clause 7.11(5)(b): revoked, on 1 November 2013, by clause 9(2) of the Land Transport (Road User) Amendment Rule (No 2) 2013 (SR 2013/278).