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Here's everything you need to know about child car restraints, including how to use them correctly and each state/territory's regulations on their usage.
Each state and territory uses laws established by the Federal Government as a basis for their child restraint rules. By law, all passengers, including children, must be restrained appropriately at all times when travelling in a car. For children, this means they should be fastened in a correct child car seat for their age and size.
If a child is too small for an age-specific restraint, they should remain in their current child restraint until it is safe for them to move into the next one. For children who are large for their age, they should sit in a restraint that suits them individually.
You should check that your car insurance policy covers any child seats in case of an accident. In some cases, only one seat may be covered by default, in which case, you should check with your insurance provider about listing a booster seat or child seat to be covered. If coverage has a financial upper limit, like $500, this may not replace all of your child restraints.
Your insurance may be void if you or any passengers failed to wear a seatbelt as is legally required. Your compensation may also be recalculated to factor in the injuries received by not wearing a restraint.
Here's a summary of each state and territory's child car seat regulations.
Age | Regulation |
---|---|
Up to 6 months | Approved rear-facing child car seat |
6 months to 4 years | Approved rear or forward facing child car seat |
4 years+ | Approved forward facing child car seat (or booster seat) |
When driving with children up to seven years of age, you must ensure they are restrained in a properly fastened and adjusted, Australian Standards (AS) approved child restraint. Driving is defined as when the vehicle is moving or stationary (with the engine running, like at traffic lights), but not when parked.
Only use child restraints that carry the AS sticker, these have been tested and approved as meeting standard AS/NZS 1754. Overseas sourced restraints must comply with AS/NZS 1754. Don't use a child restraint that has been in a crash. It is recommended that a restraint older than 10 years should no longer be used.
Age | Regulation |
---|---|
All ages | Drivers must ensure that they and any other passenger in the vehicle are wearing a seatbelt, regardless of their age. A seatbelt is compulsory, not optional. |
Under 16 | All children under 16 years of age must be restrained in a suitable approved restraint, adjusted and fastened as per the manufacturer's instructions. |
All | Child restraints must match the age and size of the child. |
All | Child restraints must be properly installed. |
Age | Regulation |
---|---|
0-7 years old | Children from birth up to seven years old must be in a correctly fitted car seat. |
7 to 16 years | Children from seven to 16 years old must continue to use a correctly fitted booster or seatbelt depending on their size. |
4 years+ | Approved forward facing child car seat (or booster seat) |
Age | Regulation |
---|---|
0-6 months | Children aged under six-months must use an approved, properly fastened and adjusted rearward facing restraint. |
Under 4 years | Children under the age of four cannot travel in the front seat of a car with two or more rows of seating. |
6 months to 7 years | Children aged six months to seven years old must use a properly adjusted and secured rearward facing child restraint or a forward facing child restraint. |
4 to 7 years | Children aged between four and seven years old must use a correctly fastened and adjusted forward-facing child restraint or booster seat. If all rear seats are currently occupied by children under seven, children aged between four and seven may sit in an approved booster seat in the front. |
7 to 16 years | Children from 7 to 16 years old must use a booster seat with a securely fastened, properly adjusted lap or sash seatbelt, or use a child safety harness. |
Drivers are legally responsible for ensuring:
Age | Regulation |
---|---|
0-6 months | Are restrained in a rearward facing child restraint. |
6 months to 4 years | Restrained in either a rearwards facing or forward facing child restraint with a built-in harness. |
4 to 7 years | Must be restrained in either a forward facing child restraint (or booster seat where applicable). Must be properly correctly adjusted and fastened. Children between four and seven may only travel in the front seat if all other rear seats are filled by children under seven. |
Under 7 | Children under the age of seven cannot be in the front seats if the vehicle has two or more rows. When riding in a bus or taxi, if no suitable child restraint is available, children under seven must not be in the front row of the bus or taxi. |
7 to 16 years | Booster seat with a lap sash belt or seatbelt. |
Age | Regulation |
---|---|
All | All children must be safely fastened in a suitable car seat for their age and size. Child restraints should be approved, correctly fastened and adjusted. Children using booster seats have to be restrained by a lap and sash type approved belt, that is correctly adjusted. Otherwise, they may use a suitable approved child safety harness that is adjusted and fastened. If a child is too small for an age rated restraint, keep them in their current seat until it is safe for them to move to the next one. Likewise, if a child is large for their age, you should move them up to the next suitable age level. A child must never share a seatbelt along with another child or adult. Seatbelts are designed for one person only. |
Up to 6 months | Children up to the age of six months must be in an approved, secure rearward facing restraint. |
6 months to 4 years | Children aged from six months to four years old must be securely fastened in a rear or forward facing approved child restraint with an integrated harness. Children under four years old: cannot travel in the front seat of a vehicle with two or more rear rows. |
4 to 7 years | Children between the ages of four and seven must be secured in a forward facing approved child restraint with a built-in harness, or an approved booster seat. Children aged between four years and seven cannot travel in the front of a vehicle with two or more rearward seating rows, unless all other seats are currently taken by children younger than seven years old in an approved restraint or booster. In such a situation, the oldest or largest child should sit in the front, using a booster seat and seatbelt. |
7 to 16 years | It is strongly recommended that children from 7 to 16 years old who are too small to be restrained by a seat belt correctly should use a seatbelt and booster. |
Age | Regulation |
---|---|
All | When travelling in a vehicle, a child must be properly restrained. The child restraint must also be correctly installed. |
Newborn to six months | Infants from birth to six months must travel, restrained, in a rear-facing restraint (like a baby capsule). |
6 months to 4 years | Children aged six months to four years must be restrained in either a rear facing or forward facing restraint. |
Under 4 years | Children under four years of age cannot sit in the front of a two or more seating rowed vehicle. |
4 to 7 years | These children should be properly secured in a forward facing restraint, or booster seat. These children may sit in the front row of a vehicle with more than two rows if all other seats are occupied by younger children in an approved car restraint. |
7 years and up | Must be restrained by an adult seatbelt or booster seat. |
Parents of children who have additional needs may need help from their occupational therapist or health professional to create a safe restraint for their child. This could require modifying an approved child restraint, purchasing a child seat accessory or having a specialist restraint prescribed.
Purchasing the right car restraint and fitting it correctly will better protect them on your journey. It will also give you peace of mind, helping you to focus on your driving. Select a seat that is suitable for the age and size of your child and have it professionally fitted. Children sitting on a booster seat should have the belt laid flat against the middle of their shoulder and the lap belt over the upper thighs. Make sure the belt is not twisted or damaged. Don't forget vehicles vary, so you should check the fitting of your child's restraint in all the cars you own.
Your first priority when driving a car is to do so safely. Turning around to check on your crying child, just for a few seconds, could see you travel a startling 27 metres without looking at the road ahead. And that's when driving at only 50km/h. Accidents happen in a fraction of a second.
So if your baby is bawling, pull over in a safe manner to see what's wrong. You can minimise in-car upsets by attaching their toys to the car seat or their dummy to their clothing. This way, they won't get dropped on the floor and start a tantrum.
Before you had kids, before jumping in the car all you needed was yourself and a set of keys. Now, you've got dozens of bags, armfuls of toys, a pram and a baby to think about. So give yourself a little extra-time and leave earlier. Use the extra time to change your child and feed them, reducing backseat meltdowns from your young one.
In turn, this will make you more focussed and calmer. You shouldn't be late and so your mind is concentrating on the road rather than the time.
You're driving with precious cargo now, so put away anything that might distract you from driving. Switch your phone off or tuck it away.
Tiredness is a leading cause of car accidents, so if you're suffering from sleep deprivation because of a teething baby, consider other options. Could you perhaps take public transport? If you're off to the park, could you walk instead? Could you order your groceries online or ask a relative to pick up some essentials for you?
If you're starting to get weary from driving, feeling overwhelmed or need to clean-up a surprise spill, pull over in a safe place and take a break. If you can, get out of the car and go for a little walk. Your baby will also love to get out of their seat for a while and have some fresh air. Afterwards, grab a coffee and take a nap.
Children should sit in the middle of the rear seats, or near to the kerb side of the vehicle. For safety reasons, they should also exit a car on the kerb side.
The RSPCA recommends pet owners restrain their animal while travelling. This could be in a travel crate or using an approved harness and anchor. Doing so can help prevent the animal from moving around the passenger compartment and injuring others in a collision.
Picture: GettyImages
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