New Child Restraint Laws
Do you know about the new car seat safety laws in Australia?
In the upcoming months the following car seat safety laws will be passed in all states:
- Children under seven years of age must use a child restraint or booster seat when travelling in a car.
- Approved child restraints and booster seats meet the requirement of the Australian/New Zealand Standard (AS/NZS) 1754
Car Seat Safety Law
The new laws differ from state to state and are being enforced at different times; click on the link below to get more information on your local area.
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State |
New Law Start Dates |
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9th November 2009 |
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1st March 2010 |
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Mid 2010 |
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|
11th March 2010 |
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1st October 2010 |
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15th March 2010 |
Victoria (9th November 2009)
- Newborn to 6 months (up to 700-850 mm long/up to 9kg or 12kg): must be in an approved, properly fastened and adjusted REARWARD facing restraint
- 6 months to 4 years (approx 70cm to 100cm tall/8kg to 18kg): must use an approved, properly fastened and adjusted REARWARD facing restraint OR FORWARD restraint
- 4 years to 7 years (approx 100cm to 140cm tall/14kg to 26kg): must use an approved, properly fastened FORWARD facing restraint OR an approved BOOSTER seat.
Exceptions
In most states, there will be exceptions to the laws, as the laws have been written to cater for a majority of the population.
- A child who is too heavy for their recommended age should use a restraint for the next category. For example a child who is 4-7years of age, heavier than 26kg, (too heavy for a booster seat) can proceed to sit in the car with just a seat belt.
- Taxi’s – by law taxi’s wont have to provide child restraints.
- If a vehicle has 2 or more rows of seats, then children aged between 4 and 7 years must not travel in the front seat unless all other seats are being used by children under 7 years. In this situation, a child may travel in the front seat using an approved booster seat and a properly fastened and adjusted seatbelt
Other Facts
- A child safety harness does not always need to be used with booster seats. Booster seats are designed to be used with a lap/sash seat belt. However if the child is using a seating position fitted with a lap only seatbelt they must use a child safety harness
- In most cases, there will be a 12 month phasing period where 12 months after the introduction of the law, they will become mandatory. This will allow for adequate time for people to purchase appropriate child restraints and booster seats. After this time period; failure to comply with the new laws will attract similar penalties to other seatbelt offences which include fines and demerit points. Please check with your relevant road authority to confirm this
New South Wales Law (1 March 2010)
Specifically, the new laws will require;
- Children younger than six months must be secured in a rearward facing restraint.
- Children aged six months to under four years must be secured in either a rear or forward facing restraint.
- Children aged four years to under seven years must be secured in forward facing child restraint or booster seat.
- Children younger than four years cannot travel in the front seat of a vehicle with two or more rows.
- Children aged four years to under seven years cannot travel in the front seat of a vehicle with two or more rows, unless all other back seats are occupied by children younger than seven years in a child restraint or booster seat.
For more information and downloads please visit the RTA website >>
South Australia Law (Mid-2010)
Specifically, the new laws will require children;
- Up to the age of six months to be restrained in a rearward facing child restraint (e.g. infant capsule)
- From six months until the age of four to be restrained in either a rearward or forward facing child restraint (e.g. child safety seat)
- From four years until the age of seven to be restrained in either a forward facing child restraint or booster seat restrained by a correctly adjusted and fastened seatbelt or child safety harness.
The new laws also deal with the issue of children sitting in the front seat of a vehicle.
- Children up to four years of age must be restrained in the rear of the vehicle (where the vehicle has two or more rows of seats)
- Children aged between four and seven years will not be permitted to sit in the front seat unless all other seating positions are already occupied by children under seven.
For more information and downloads please visit the Government of South Australia website >>
Queensland Law (11 March 2010)
Babies and children
Babies aged 0 to six months must be secured in an approved rearward facing baby capsule or infant restraint that is properly fastened and adjusted.
Babies and children aged between six months and four years of age must be secured in either an approved rearward facing child restraint or an approved forward facing child restraint with built-in harness that is properly fastened and ajdusted. It is recommended that a baby remain in an approved infant restraint for as long as possible.
Children who have reached four years of age must be secured in an approved booster seat with a H-harness or a booster seat with a secured adult seatbelt that is properly fastened and adjusted. The child must be secured in this manner up until they turn seven years of age.
The rules recognise that some children may be too large or too small for a specific type of child restraint.
- If your child is too small to move into the next level of restraint, you should keep your child in the lower level restraint for as long as possible (for example, a child who has turned four but is too small for a booster seat should remain in a forward facing child restraint with a built-in harness).
- If your child is too large to fit into a child restraint specified for your child's age, your child may move into the next level of restraint. A child is too tall for a booster seat when the level of the child’s eyes is above the level of the back of the booster seat.
Seating children in the front passenger seat
Whether your child can sit in the front passenger seat will depend on the age of the child and whether there is more than one row of seats in the car.
If the car has one row of seats only (for example, a ute):
- a child of any age can sit in the front seat if the vehicle has only one row of seats provided they are properly restrained. If the vehicle has a passenger airbag fitted, a rearward facing child restraint should not be used.
Where there are two or more rows of seats:
- a child under four years of age cannot sit in the front seat of a vehicle that has more than one row of seats, even if the child is three years of age and large enough to sit in a booster seat
- a child aged between four and seven years of age cannot sit in the front seat of a vehicle that has more than one row of seats, unless all the other seats are occupied by children under seven years of age.
For more information, downloads and penalties visit the Queensland Government >>
Western Australia Law (1st October)
Specifically the new laws will require children;
- From birth to age of six months to be restrained in a rearward facing child restraint (e.g. infant capsule);
- From six months until the age of four years to be restrained in either a rearward or forward facing child restraint with in-built harness; and
- From four years until the age of seven years to be restrained in either a forward facing child restraint or booster seat restrained by a correctly adjusted and fastened seatbelt or child safety harness.
- Children over the age of seven years can be restrained in an adult seatbelt, as the law currently permits.
- Under the new laws if the vehicle has two or more rows of seats, only children fours years and over will be permitted to sit in the front seat, provided they are suitably restrained.
For more information and downloads visit the Government of Western Australia website >>
Australian Capital Territory Law (15 March 2010)
The following requirements apply whenever children are travelling in a vehicle:
- every child under the age of one year must be restrained in a suitable, approved child restraint;
- all other children under the age of 16 years must be restrained in a suitable, approved child restraint or seat belt; and
- the child restraints and seatbelts the children are using must be properly fastened and adjusted.
In particular, a child must NEVER be put into a seatbelt with an adult or another child because a seatbelt is designed for the use of one person only.
Remember, children are much safer in the back seat. If there are not enough seating positions in the rear for all of the children, you should put the heaviest child in the front.
For more information and downloads visit the Territoral and Municipal Services website >>
