Rules in detail: Seat belts and motorcycle helmets

Who must wear a seat belt

What the rule says. Seat belts must be worn when the vehicle is moving forward, by children and adults, but the rule covers only persons of 3 years of age and older. If seat belts are fitted in the rear seats, rear-seat passengers must wear them while the vehicle is driven. The driver must make sure that all persons travelling in the vehicle wear a seat belt.

In practice. Before you pull away, check that everyone aged 3 or older, including those in the back, has buckled up. Remember that the duty is on the driver, so a passenger who refuses to buckle up puts the driver in the wrong too.

Key idea: Belts for everyone aged 3 and older, front and back; the driver makes sure.

Child or adult: the age and height rule

What the rule says. A child is a person between the ages of 3 and 14 years, except that a person taller than 1,5 metres is regarded as an adult, whatever their age. A person older than 14 years is defined as an adult.

Why it matters. The definition decides which seat belt and seating rules apply.

In practice. A 12-year-old passenger who is taller than 1,5 metres is treated as an adult. A 15-year-old is an adult by age. Always apply both tests, age and height, when you decide whether a young passenger counts as a child, so you can follow the right seat belt and seating rules.

Key idea: Child: 3 to 14 years and not taller than 1,5 metres; everyone else is an adult.

Adults, seat rows and when a belt is not required

What the rule says. No adult may occupy a seat in a motor vehicle unless wearing a seat belt. No adult may sit on a row of seats that is not fitted with a seat belt, unless all the other seats on that row that do have seat belts are already occupied. It is not compulsory to wear a seat belt while reversing or while moving in or out of a parking bay or area.

In practice. If a bench has two belted seats and one seat without a belt, an adult may sit in the unbelted seat only once the two belted seats are taken. While you reverse out of a parking bay, you need not be belted.

Key idea: Adults must be belted; the only exception is reversing or moving in or out of a parking bay.

Children in vehicles

What the rule says. The driver must make sure that a child seated on a seat uses an appropriate child restraint where one is available. If no child restraint is available, the child must wear a seat belt if one is available. If no seat with a seat belt is available, the driver must make sure the child sits on the rear seat, if the vehicle has one.

In practice. With a child restraint in the car, use it for a small child. With none, use the seat belt. If every belted seat is taken and the car has a rear seat, the child goes on the rear seat.

Key idea: Child restraint first, then a seat belt, and otherwise the rear seat.

Protective helmets for riders and passengers

What the rule says. You may not ride a motorcycle, or be a passenger on a motorcycle, motor tricycle or motor quadricycle, or be a passenger in a sidecar attached to a motorcycle, on a public road unless you wear a protective helmet. The helmet must be specially designed for that type of cycle and must fit properly, with the chin strap fastened properly under the chin. The rider must make sure that any passenger in or on the cycle who is younger than 14 years wears such a helmet.

In practice. A rider with the chin strap hanging loose is not complying.

Key idea: Properly fitted, strapped helmets for riders, passengers and sidecar passengers.

Helmet exception for motorcycles with seat belts

What the rule says. The rider and passenger of a motorcycle may not wear a protective helmet if the motorcycle has a seat belt that meets SABS requirements and the engine cannot move unless the driver and any passengers wear those belts.

In practice. This is a narrow case. On an ordinary motorcycle without such seat belts, the helmet rules apply in full: a helmet that fits, with the strap fastened under the chin. Passengers under 14 years of age must wear a helmet, and the rider must make sure of it.

Key idea: Helmets are not worn only on motorcycles with approved belts that stop the engine moving unbelted.

Quick recap

• Seat belts are compulsory when moving forward for persons aged 3 years and older
• Rear-seat passengers must wear belts if they are fitted
• A child is aged 3 to 14 years and not taller than 1,5 metres; a person over 14, or taller than 1,5 metres, is an adult
• Belts are not compulsory when reversing or moving in or out of a parking bay or area
• Children use a child restraint if available, otherwise a seat belt, otherwise sit on the rear seat if the vehicle has one
• Helmets are required for riders and passengers on motorcycles, tricycles, quadricycles and in sidecars
• The rider must make sure passengers under 14 years wear a helmet