❓ This WA parliamentary question seeks clarification on legal responsibility regarding seatbelt use in vehicles, specifically focusing on the driver's liability in case of an accident when a passenger isn't wearing a seatbelt. The answer clarifies the driver's obligation based on the passenger's age and avoids commenting on civil litigation exposure.
AnsweredQoN 1083Legislative Assembly
QuestionView source ↗
(b) in the case of an accident who would assume legal responsibility for any failure to wear a seatbelt (the driver or the passenger)?
b) The exposure of the driver to civil litigation would be dependant on the particular circumstances surrounding the incident and it would be inappropriate to comment.
b) The exposure of the driver to civil litigation would be dependant on the particular circumstances surrounding the incident and it would be inappropriate to comment.
AnswerView source ↗
Answered
3 June 2003
Responded by
Minister for Planning and Infrastructure
Response time
96 days
a) Where the passenger involved is under the age of 16 years, the driver has an obligation under the Road Code 2000 to ensure the passenger is wearing a seat belt and in those circumstances the driver would have the right to refuse the hiring if the passenger failed to comply.
If the passenger is over the age of 16 no such obligation is placed on the driver under the Road Traffic Code and the driver would be required to take the fare unless one of the circumstances set out in regulation 13 of the Taxi Regulations existed.
b) The exposure of the driver to civil litigation would be dependant on the particular circumstances surrounding the incident and it would be inappropriate to comment.
If the passenger is over the age of 16 no such obligation is placed on the driver under the Road Traffic Code and the driver would be required to take the fare unless one of the circumstances set out in regulation 13 of the Taxi Regulations existed.
b) The exposure of the driver to civil litigation would be dependant on the particular circumstances surrounding the incident and it would be inappropriate to comment.
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