is it legal to have a passenger in the back of a station wagon! When the back seats fold down there are no seatbelts available but we need to take another passenger as well as the one in the front seat. We are making three or four short trips with three people in the vehicle to move some stuff.
usdefault,
Feb 9, 10:31pm
If there are seats in the back then you would have expected seatbelts.
Is the car ridiculously old or has someone removed them!
I would suspect that Mr Plod would not look on this favourably.
arthurdent2,
Feb 9, 10:43pm
The wagon is 1995 and, as I said, it does have seatbelts for the two back seats but when you fold the back seats down to change from a 4-seater to a stationwagon the seltbelts end up under the back seats and not available to someone in the storage space.
bitsy_boffin,
Feb 9, 10:43pm
Not legal.All passengers in the vehicle must be restrained by an approved seat belt.That they can't do so because the seats are unavailable is not an excuse to the law.
I think actually all passengers are required to have seats, so you can't "share belts" because they wouldn't each have a specific seating position, but don't quote me.
bitsy_boffin,
Feb 9, 10:43pm
Not legal.
bitsy_boffin,
Feb 9, 10:51pm
Hmm.Now I've said that and done some googling.I'm not 100% sure.
Perhaps somebody knows some other legislation that may also apply.
bitsy_boffin,
Feb 9, 11:02pm
Ok.In the absence of other legislation, what I read in the parts 7.6 through 7.10 of the act, is that people aged 8 or over the belt must be worn if "is occupying a seat fitted with a seat belt" (7.8, 7.10).
So. if they are not occupying the seat with the belt (because it is folded up). I guess. the ACT says they don't need to wear a belt - and I can't see anything jumping out at me in the act that says they must be in a seat.
Children under the age of 8 however must ALWAYS be in a seatbelt/childseat (7.6, 7.7)
bashfulbro,
Feb 10, 2:37am
do what you want, NZ isn`t a Police State just yet.but ,they are working on it.
msigg,
Feb 10, 6:09am
If all seats are taken(that includes the folded down ones) then you can sit in the rear of a station wagon. This was tested in court many years ago, the owner was found correct.This was in the newspapers .some years ago, so may have changed. I do it sometime for a short distance. no biggie.
arthurdent2,
Feb 10, 9:01am
Thanks, msigg.that's very interesting and I'll see if I can find out if things have changed. Meanwhile, we had someone in the back of the wagon today and completed our task without being spotted!
bigfatmat1,
Feb 10, 9:03am
Its only illegal if ya caught.
gunhand,
Feb 10, 9:04am
So accidents dont happen in a short distance! Interesting.
r15,
Feb 10, 9:57am
less likely = safer
msigg,
Feb 10, 8:56pm
gunhand nothing to do with accidents over short distances, look after yourself, If you want to blame everyone for any accident because its not or it is written into law then go live in America. Don't do anything.stay in bed.
gunhand,
Feb 11, 5:08am
Im not sure why anyone would want to go for any trip unrestrained in the back of a station wagon, ute, 4x4 or whatever. No matter how short the distance is. And Im also not sure why anyone would let anyone go unrestrained in any vehicle, unless excempt from seat belts. Im pretty sure that the number of accidents that happen either close to home or on a short distance drive is quite high. Mind you if an adult decides to ride unrestrained so be it but would your intelligence allow you to let a child go unrestrained! I remember having a not so intelligent partner once (seemed intelligent initially) who refused to wear a seat belt. So one outing I slamed the brakes on and threw her into the dash. I still dont think she got it.Mind you I didnt get after that either.
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