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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-04-08 Daily Xml
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SEATBELT EXEMPTIONS

In reply to the Hon. D.G.E. HOOD (27 November 2008).

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy): The Minister for Road Safety has advised:

Rule 267 of the Australian Road Rules provides a number of circumstances where drivers or their passengers may be exempt from wearing a seatbelt. Specifically, rule 267(2) states that a person in or on a motor vehicle is exempt from wearing a seatbelt if they are engaged in the door to door delivery or collection of goods, or in the collection of waste or garbage, and are required to get in or out of the vehicle or on or off the vehicle, at frequent intervals; and the vehicle is not travelling over 25km/h.

Post office boxes are usually located some distance apart. On this basis, collections from post office boxes cannot be classed as 'door to door delivery'. The distance between post office boxes would also mean that many postal vehicles would most likely travel at speeds greater than 25 km/h when travelling between post office boxes. This speed would also exclude the operation of rule 267(2). Australia Post workers are not generally covered by the exemption provision unless they can meet the criteria laid down in rule 267(2).

In view of the distances frequently travelled between post office boxes, the driver is exposed to the same risk of being involved in a crash as all other road users and failure to wear a seatbelt would significantly increase the risk of death or serious injury.

Rule 313 of the Australian Road Rules provides specific exemptions to allow postal vehicle drivers to carry out their responsibilities (such as allowing postal vehicles to stop in a loading zone or taxi zone or double park etc). These exemptions are specifically tailored to the needs of postal drivers. They make no reference to the rules dealing with the use of seatbelts.

Based on the information provided above, it is the view of the Department for Transport, Energy and Infrastructure that the drivers of postal vehicles are not generally exempt from the need to wear a seatbelt when driving unless they meet the criteria of rule 267(2).

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