2Question:

Could one of your experts please clarify for me the legislation regarding who carries what responsibility for the wearing of seat belts in a motor vehicle?

The Road Traffic Act, Regulation 213 states:

(11) The driver of a motor vehicle shall ensure that all persons travelling in such motor vehicle shall wear a seat belt as contemplated in this regulation.

My specific query is: what exactly does “shall ensure that” mean — i.e. who is legally liable if a passenger does not comply with the driver’s insistent request to buckle up?

a) if the passenger is a child (under 14 years or shorter than 1.5 metres), and
b) if the passenger is an adult

And, is there anything else of relevance that would be important to know in this regard (that is not already stated in Regulation 213 per copy and paste below)?

Answer:

Initially the driver was responsible for children up to 14 and adults were charged on their own. The passengers do not need to carry identification and is difficult to charge. A provision was then added to make the driver responsible for all passengers.

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