Part 16Rules for persons travelling in or on vehicles#

263Application of part to persons in or on trams#

This part, except section 269(1), does not apply to a person in or on a tram.

264Wearing of seatbelts by drivers#

(1)The driver of a motor vehicle that is moving, or is stationary but not parked, must wear an approved seatbelt that is properly adjusted and fastened in the way required under section 267B(1).

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply if the driver is—
(a)reversing the vehicle; or
(b)exempt from wearing a seatbelt under section 267.

264ADriver must ensure passengers comply with seatbelt requirements#

(1)The driver of a motor vehicle that is moving, or is stationary but not parked, must ensure each passenger in or on the vehicle—
(a)is wearing an approved seatbelt that is properly adjusted and fastened in the way required under section 267B(1); and
(b)complies with the other requirements applying to the passenger under section 265 or 266.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply—

(a)in relation to a passenger who is exempt from wearing a seatbelt under section 267; or
(b)to a driver to the extent the driver is exempt under section 267A from complying with subsection (1) in relation to a passenger.

(3)In this section—

approved seatbelt: includes, for a passenger under 16 years old—
(a): a seatbelt, harness or other restraint that is a part of—
(i): an approved child restraint; or
(ii): a child restraint that reasonably appears to be an approved child restraint; or
(b): an approved child safety harness or a harness that reasonably appears to be an approved child safety harness.

265Seatbelt requirements for 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 subsection (2) if the passenger—
(a)is 16 years old or older; and
(b)is not exempt from wearing a seatbelt under section 267.

Maximum penalty—20 penalty units.

(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 seatbelt under section 267); and
(c)must wear the seatbelt properly adjusted and fastened in the way required under section 267B(1).

(3)Subsection (2)(b) does not apply to a passenger in a booked hire vehicle, bus, taxi or tow truck who has a child who is less than 1 year old seated in the passenger's lap if—
(a)no suitable approved child restraint is fitted and available for use; and
(b)if the booked hire vehicle, bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats.

266Seatbelt requirements for passengers under 16 years old#

(1)This section states, for section 264A, the requirements applying to a passenger in or on a motor vehicle who is under 16 years old.

(2)If the passenger is less than 6 months old, the passenger 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, the passenger 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, the passenger must—
(a)be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or
(b)be placed on a properly positioned approved booster seat and be restrained by—
(i)a lap and sash type approved seatbelt that is properly adjusted and fastened in the way required under section 267B(1); or (ii) a suitable approved child safety harness that is properly adjusted and fastened; or

(c)if the passenger is seated in a seating position in a part of the vehicle that is designed primarily for the carriage of goods—
(i)be restrained by an approved seatbelt of a lap and sash type that is properly adjusted and fastened in the way required under section 267B(1); or
(ii)have the midsection of their body restrained by an approved seatbelt of a lap type that is properly adjusted and fastened in the way required under section 267B(1), and have their upper body restrained by an approved child safety harness 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 remaining seating position in which the passenger can sit in accordance with this section because of the occupation of other seats, in compliance with this section, by passengers who are also less than 7 years old.

(4)If the passenger is 7 years old or older but under 16 years old—

(a)the passenger must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or
(b)the passenger—
(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 section 267); and
(iii)must wear the seatbelt properly adjusted and fastened in the way required under section 267B(1).

(4B)If a passenger can not safely be restrained as required by subsection (2) because of the passenger’s height or weight, the passenger must be restrained as if subsection (2A) applied to the passenger.

(4C)If a passenger can not safely be restrained as required by subsection (2A) or (4B) because of the passenger’s height or weight, the passenger must be restrained as if subsection (2B) applied to the passenger.

(4D)If a passenger can not safely be restrained as required by subsection (2B) or (4C) because of the passenger’s height or weight, the passenger must be restrained as if subsection (4) applied to the passenger.

(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 subsection (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.

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

(7)In this section—

approved booster seat: means—
(a): a booster seat or cushion that complies with—
(i): AS/NZS 1754; or
(ii): another standard the chief executive considers is at least equal to that standard; or
(b): a child restraint that—
(i): is incorporated in a vehicle; and
(ii): is of a type mentioned in—
(A): the Vehicle Standard (Australian Design Rule 34/01—Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 (Cwlth), clause 34.8; or
(B): the Vehicle Standard (Australian Design Rule 34/02—Child Restraint Anchorages and Child Restraint Anchor Fittings) 2012 (Cwlth), clause 34.9; and
(iii): complies with that clause.

267Exemptions from wearing seatbelts#

(1A)A person in or on a motor vehicle is exempt from wearing a seatbelt if—
(a)the seating position that the person 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 subsection (8).
(1B)Subsection (1A) does not apply to a person who is under 7 years old.
(1C)To remove any doubt, it is declared that subsection (1A) does not authorise a passenger to whom section 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 who is 7 years of age or older 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 25km/h.
(3A)A person is exempt from wearing a seatbelt if—
(a)the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) is carrying a certificate that—
(i)is signed by a doctor; and
(ii)states that, in the opinion of the doctor, the person should not wear a seatbelt due to the person’s medical condition or disability; and
(iii)displays a date of issue; and
(iv)displays an expiry date that is a date not more than 12 months after the date of issue; and
(v)has not expired; and
(b)the person is complying with any conditions stated in the certificate; and
(c)the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger)—
(i)produces the certificate to a police officer immediately after the officer asks the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) to produce the certificate; or
(ii)for a camera-detected offence against section 264 or 264A—complies with the condition mentioned in subsection (4).
(4)For subsection (3A)(c)(ii), the condition is that—
(a)the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) produces the certificate, or a copy of the certificate, mentioned in subsection (3A)(a) to the commissioner or the chief executive before the relevant time; or
(b)the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger)—
(i)does not have, or no longer has, the certificate, or a copy of the certificate, mentioned in subsection (3A)(a); and
(ii)produces to the commissioner or the chief executive, before the relevant time, a document signed by a doctor stating that the certificate was issued in relation to the person and the date of issue and expiry date for the certificate; or
(c)the person is a passenger, and the driver of the vehicle in or on which the person is a passenger—
(i)is unable to comply with paragraph (a) or (b); and
(ii)has a reasonable excuse for being unable to comply with paragraph (a) or (b).
(4A)For subsection (4), the relevant time is the end of the day that is 28 days after a camera-detected seatbelt offence notice for the alleged offence is first given to the person in charge of the vehicle in relation to the alleged offence.
(5)A person is exempt from wearing a seatbelt if—
(a)the person is a passenger in or on a police vehicle or emergency 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 the person 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 the two-up driver occupies the sleeper compartment for rest purposes.
(8)If a vehicle does not have approved seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this section must not occupy—
(a)a seating position that is fitted with an approved seatbelt; or
(b)an approved child restraint;
if the result would be that a passenger who is not exempt from wearing a seatbelt under this section would be required to occupy a seating position that is not fitted with an approved seatbelt or an approved child restraint.

267Exemptions for driver in relation to passengers#

(8B)A passenger on a bus is exempt from wearing a seatbelt while the passenger is—
(a)a standing passenger mentioned in the Transport Operations (Passenger Transport) Regulation 2018, section 59B; or
(b)entering or leaving the bus.
(8C)A passenger on a booked hire vehicle, bus, taxi or tow truck is exempt from wearing a seatbelt if—
(a)the passenger is less than 1 year old; and
(b)no suitable approved child restraint is fitted and available for use by the passenger; and
(c)if the booked hire vehicle, bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats; and
(d)the passenger is seated in the lap of another passenger who is 16 years of age or older; and
(e)if the vehicle is a tow truck—the person is a passenger in the tow truck because the vehicle in which the person was a passenger is being towed.
(8D)To remove any doubt, it is declared that subsection (8C) does not limit the exemption given to—
(a)a driver of a bus in relation to a passenger under section 267A(1); or
(b)a driver of a booked hire vehicle or taxi in relation to a passenger under section 267A(4).
(9)In this section—

person in charge: person in charge, of a vehicle, in relation to an alleged offence against section 264 or 264A, has the meaning given by section 113 of the Act.
two-up driver: two-up driver, for a vehicle that is a bus or truck, means a person accompanying the vehicle’s driver on a journey or part of a journey, who has been, is or will be, sharing the task of driving the vehicle during the journey.

267AExemptions for driver in relation to passengers#

(1)The driver of a bus is exempt from section 264A.
(2)The rider of a motorbike is exempt from section 264A in relation to a passenger under 16 years old.
(3)The driver of a booked hire vehicle or taxi is exempt from section 264A in relation to a passenger 16 years old or older.
(4)The driver of a booked hire vehicle or taxi is exempt from section 264A in relation to the requirements for a passenger mentioned in section 266(2), (2A) and (2B) if—
(a)there is no suitable approved child restraint available in the booked hire vehicle or taxi for the passenger; and
(b)for a booked hire vehicle or taxi that has 2 or more rows of seats—the passenger is not in the front row of seats.
(5)The driver of a motor vehicle is exempt from section 264A in relation to the requirements for a passenger mentioned in section 266(2), (2A), (2B) and (4) if each of the following applies—
(a)the passenger is restrained in a child restraint prescribed for the passenger by a specialist in accordance with AS/NZS 4370;
(b)the driver is carrying an advice to parent form issued by the specialist in accordance with AS/NZS 4370, clause 2.2;
(c)the driver is complying with any conditions stated in the form;
(d)the driver produces the form to a police officer immediately after the officer asks the driver to produce the form;
(e)the form has not expired.

(6)An advice to parent form mentioned in subsection (5) expires at the end of the last day of the period stated in the form as the period the restraint is prescribed for.
(7)The driver of a motor vehicle is exempt from section 264A in relation to the requirements for a passenger mentioned in section 266(3) and (3A) if—
(a)the driver is carrying a certificate that—
(i)is signed by a health practitioner; and
(ii)states that, in the opinion of the health practitioner, the passenger must not be in a row of seats behind the front row of a vehicle because of the passenger’s medical condition or disability; and
(iii)states the method (if any) by which the passenger must be restrained; and
(iv)displays a date of issue; and
(v)displays an expiry date that is not more than 7 years after the date of issue; and
(b)the driver is complying with any conditions stated in the certificate; and
(c)the driver immediately produces the certificate when a police officer asks to see the certificate.
(8)A detention officer driving a vehicle to transport a passenger who is a detained person is exempt from section 264A if—
(a)the vehicle has 2 or more rows of seats and either—
(i)the passenger occupies a seating position that is not in the front row; or
(ii)the passenger occupies a seating position in the front row because no seating position is available for the passenger in the other rows; or
(b)the vehicle has a caged or other secured area designed for the carriage of passengers and the passenger occupies a seating position in the caged or secured area.
(9)In this section— detained person means a person in the custody or care of a detention officer.

detention officer means—

(a) a corrective services officer under the Corrective Services Act 2006; or
(b) the Sheriff of Queensland or a deputy sheriff appointed under the Supreme Court of Queensland Act 1991, section 73; or
(c) a bailiff appointed under the Supreme Court of Queensland Act 1991, the District Court of Queensland Act 1967 or the Magistrates Courts Act 1921; or
(d) a staff member under the Police Service Administration Act 1990 who, in the course of the staff member’s duties, transports persons in the custody or care of the staff member or a person mentioned in paragraph (a), (b) or (c).

health practitioner means a doctor, occupational therapist or physiotherapist.

specialist means a doctor, occupational therapist, psychologist, physiotherapist or biomedical engineer.

267BWhen an approved seatbelt is properly adjusted and fastened#

(1)If a provision of this part requires a person to wear an approved seatbelt that is properly adjusted and fastened under this section, the approved seatbelt must comply with the following—
(a)for a lap and sash type approved seatbelt—
(i)the seatbelt must be secured in the buckle; and
(ii)the lap portion of the seatbelt must pass firmly across the person’s pelvic area; and
(iii)the sash portion of the belt must pass firmly and diagonally across the person’s chest from the buckle to over the person’s shoulder furthest from the secured buckle;
(b)for a lap type approved seatbelt—
(i)the seatbelt must be secured in the buckle; and
(ii)the lap portion of the seatbelt must pass firmly across the person’s pelvic area.
(2)However, this section does not apply in relation to an approved seatbelt mentioned in section 264A(3), definition approved seatbelt.

268How persons must travel in or on a motor vehicle#

(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.
(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)the person occupies a seating position that is suitable for the size and weight of the person and is fitted with an approved seatbelt.
(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 section 50; or
(b)for stopping or slowing in accordance with section 55.
(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.
(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.
(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 is fitted with an approved seatbelt.
(5)This section does not apply to a person who is—
(a)in or on a police vehicle or emergency vehicle; or
(b)on a motorbike; 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 25km/h.
(6)In this section—

enclosed, for a part of a vehicle—

(a) means enclosed by the structure of the vehicle; but
(b) does not include enclosed by a canopy or cage fitted to the vehicle.

269Opening doors and getting out of a vehicle etc.#

(1)A person must not get off, or out of, a moving vehicle, unless the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and the vehicle is not travelling over 5km/h.
(2)Subsection (1) does not apply to a person getting off a bicycle, a personal mobility device or an animal.
(3)A person must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door of a vehicle open, or getting off, or out of, a vehicle.
(4)The driver of a bus must not drive the bus unless the doors of the bus are closed while the bus is moving.

270Wearing motorbike helmets#

(1)A person riding a motorbike or quad bike or driving a utility off-road vehicle that is moving, or is stationary but not parked—
(a)must wear an approved motorbike helmet securely fitted and fastened on the person’s head; and
(b)must not ride or drive with a passenger unless the passenger complies with subsection (2).
(1A)However, subsection (1) does not apply to a person riding a motorbike or quad bike that is moving, or is stationary but not parked, if—
(a)the bike’s engine is not on; and
(b)the person is pushing the bike; and
(c)it is safe for the person not to wear the helmet.
(2)A passenger on a motorbike or quad bike or in or on a utility off-road vehicle that is moving, or is stationary but not parked, must wear an approved motorbike helmet securely fitted and fastened on the passenger’s head.

Maximum penalty—20 penalty units.

(2A)Subsections (1) and (2) do not apply to a driver of, or a passenger in or on, a utility off-road vehicle if—
(a)the vehicle is required, under the conditional registration guideline, to comply with the conditions mentioned in 'code LO3' under the guideline; and
(b)the vehicle is fitted with seatbelts and a roll over protection system that were fitted to the vehicle at the time of the vehicle's manufacture.

(3)In this section—

conditional registration guideline: see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, schedule 8.
passenger: of a motorbike, includes a person on a passenger seat of the motorbike, including the pillion seat, or in a sidecar.

271Riding on motorbikes#

(1)The rider of a motorbike that is moving (other than a rider who is walking beside and pushing a motorbike), or the rider of a motorbike that is stationary but not parked, must be astride the rider's seat.
(2)A passenger on a motorbike (except a passenger in a sidecar or on a seat, other than a pillion seat, designed for a passenger) that is moving, or is stationary but not parked, must be astride the pillion seat facing forwards.
(3)The rider of a motorbike must not ride with a passenger (except a passenger in a sidecar or on a seat, other than a pillion seat, designed for a passenger) unless the passenger complies with subsection (2).
(4)The rider of a motorbike must not ride with more than 1 passenger (excluding any passenger in a sidecar or on a seat, other than a pillion seat, designed for a passenger).
(5)The rider of a motorbike must not ride with more passengers in a sidecar, or on a seat designed for a passenger, than the sidecar or seat is designed to carry.
(5A)The rider of a motorbike must not ride with a passenger (except a passenger in a sidecar) unless—
(a)the passenger is at least 8 years old; and
(b)for a passenger on a pillion seat—
(i)the motorbike has footrests designed for use by a pillion passenger; and
(ii)the passenger's feet can, while the passenger is seated, reach the footrests designed for use by a pillion passenger.
(5B)A passenger must not ride in a sidecar of a motorbike unless the passenger is seated safely.
(5C)The rider of a motorbike must not ride with a passenger in a sidecar unless the passenger complies with subsection (5B).

271APassengers in or on quad bikes or utility off-road vehicles#

A person must not ride a quad bike or drive a utility off-road vehicle with a passenger unless—

(a)the passenger is at least 8 years old; and
(b)for a passenger on a quad bike—the passenger's feet can, while the passenger is seated, reach the footrests designed for use by a pillion passenger; and
(c)for a passenger in or on a utility off-road vehicle—the passenger's feet can, while the passenger is seated, be placed flat on the floor of the vehicle; and
(d)the passenger can, while the passenger is seated, hold the vehicle's handrail (if any).

Maximum penalty—20 penalty units.

272Interfering with the driver's control of the vehicle etc.#

A passenger in or on a vehicle must not—

(a)interfere with the driver's control of the vehicle; or
(b)obstruct the driver's view of the road or traffic.

Maximum penalty—20 penalty units.