(1)  A person must not travel in or on a part of a motor vehicle that is not a part designed primarily for the carriage of passengers or goods.

Penalty:  Fine not exceeding 10 penalty units.

Note Motor vehicle is defined in the dictionary.

(2)  A person must not travel in or on a part of a motor vehicle that is a part designed primarily for the carriage of goods unless –

(a) the part is enclosed; and

(b) he or she occupies a seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt.

Penalty:  Fine not exceeding 10 penalty units.

Note 1 Enclosed is defined in subrule (7).

Note 2 Rule 265 deals with the wearing of seatbelts by passengers 16 years old or older, and rule 266 deals with the wearing of seatbelts by passengers under 16 years old.

(3)  A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle, unless the person is the driver of the vehicle and is giving a hand signal –

(a) for changing direction to the right in accordance with rule 50; or

(b) for stopping or slowing in accordance with rule 55.

Penalty:  Fine not exceeding 5 penalty units.

Note Window is defined in the dictionary.

(4)  The driver of a motor vehicle (except a bus) must not drive with a passenger if any part of the passenger’s body is outside a window or door of the vehicle.

Penalty:  Fine not exceeding 5 penalty units.

Note Bus is defined in the dictionary.

(4A)  The driver of a motor vehicle must not drive with a passenger in or on a part of the vehicle that is not a part designed primarily for the carriage of passengers or goods.

Penalty:  Fine not exceeding 10 penalty units.

(4B)  The driver of a motor vehicle must not drive with a passenger in or on a part of the vehicle that is a part designed primarily for the carriage of goods unless –

(a) the part is enclosed; and

(b) the person occupies a seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt.

Penalty:  Fine not exceeding 10 penalty units.

Note Rule 265 deals with the wearing of seatbelts by passengers 16 years old or older, and rule 266 deals with the wearing of seatbelts by passengers under 16 years old.

(5)  This rule does not apply to a person who is –

(a) in or on a police or emergency vehicle; or

(b) on a motor bike or quad bike; or

(c) engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, in or on a motor vehicle that is not travelling over 25 kilometres per hour.

Note 1 Emergency vehicle , motor bike , police vehicle and quad bike are defined in the dictionary.

Note 2 Subrule (5) has been amended to include quad bikes and is no longer uniform with the model road rules of Australia.

(6)  This rule also does not apply to a person if –

(a) the person is exempt from this rule under another law of this jurisdiction and is complying with the conditions (if any) of the exemption; or

(b) the vehicle is exempt from this rule under another law of this jurisdiction.

(7)  For this rule –

enclosed , for a part of a vehicle, means enclosed by –

(a) the structure of the vehicle; or

(b) a canopy, cage or other device fitted to the vehicle that is approved, for the Road Rules , under another law of this jurisdiction.