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Seat belt when vehicle is parked - Ask The Expert

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The Expert will be specific knowledgeable people at the Department of Transport, Arrive Alive Communications, the Road Traffic Management Corporation or others who might have the expertise to answer the question.

Seat belt when vehicle is parked

Question

Is there a need for a passanger to wear seat belt when the vehicle is parked on the side of the road and without a driver on the driver's seat? When is it a violation of law when the seat belts are not buckled up? When the car is stationary or when it is in motion?

Answer

A seat belt must be worn when the vehicle is operated on a public road. A stationery or parked vehicle is not under operation.

The following subregulations from regulation 213 specify when a seatbelt should be worn:-

(4)  No adult shall occupy a seat in a motor vehicle operated on a public road which is fitted with a seatbelt unless such person wears such seatbelt: Provided that the provisions of this regulation do not apply while reversing or moving in or out of a parking bay or area.
(5)  No adult shall occupy a seat on a row of seats in a motor vehicle opera-ted on a public road which is not fitted with a seatbelt, unless all other seats on such row which are fitted with seatbelts, are already occupied.

Therefore whenever a vehicle is operated the seatbelt (when available) should always be worn, except when the driver is reversing or moving out of a parking bay or area.

There are other legal requirements that stipulate which vehicles should always have seatbelts.

The driver shall ensure that a child uses a child restraint when available or uses the seatbelt on an unoccupied seat when available.

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