Seatbelts and child restraints NSW Australia
SEATBELTS
EVERYONE IN A VEHICLE MUST WEAR A SEATBELT
Everyone in a vehicle, the driver and all passengers, must wear a correctly fitted
and adjusted seatbelt when they are available. A passenger must move to a seat
with a seatbelt rather than sit in one without a seatbelt. If the vehicle does not have
seatbelts fitted, passengers must sit in the back if a seat is available. Passengers
under the age of 7 are not permitted to travel in the front seat without a child
restraint or seatbelt, even if the back seat is full.
It is illegal for a learner or provisional licence holder to drive when not wearing
a seatbelt or carry passengers who are not wearing a seatbelt or using a child
restraint. Learner or provisional licence holders cannot carry passengers if there
are not enough seatbelts.
It is illegal to drive with people in the boot or on the vehicle.
CHILD RESTRAINTS
There are legal requirements for children aged under 16 years to use a seat belt or
an approved child restraint. Drivers must ensure children are restrained in devices
suitable for their age and size. Children up to the age of 6 months must be secured
in an approved rearward facing restraint device. From 6 months up to 12 months a
child may be in either an approved rearward or forward facing restraint device.
Children from 12 months up to 4 years must be in an approved forward facing
child restraint. Children under 4 years must not be in the front row of a vehicle
with 2 or more rows of seats.
From 4 years to under 7 years, an approved child restraint or booster seat must be
used. Children from 4 to under 7 years can only sit in the front row of a vehicle
with 2 or more rows, when all other seats are occupied by passengers under 7 years
old.
Approved child restraints must be properly fastened, adjusted and anchored. All
child restraints should be fitted in accordance with the manufacturer’s instructions.
Look in your car manual for the location of anchorage points for child restraints.
WHAT TYPE OF CHILD RESTRAINT TO USE
Child restraints are available in a range of styles to suit children of different sizes.
Restraints are available for children up to 32 kg and/or 10 years old. All child
restraints should be professionally fitted by an Authorised Safety Restraint Fitting
Station, in accordance with the manufacturer’s instructions. When purchasing a
child restraint look for the sticker certifying the child restraint meets Australian
Standard AS1754. When a booster seat is used, it must be used with either an
approved lap and sash seatbelt or an approved child safety harness.
SEATBELTS AND CHILD RESTRAINTS IN TAXIS
Taxi drivers can be fined and given demerit points for every unrestrained passenger
they carry under 16 years of age. Unrestrained passengers aged 16 years and over
travelling in a taxi also receive a fine.
When travelling in taxis, a child under 12 months of age must use a suitable
child restraint. Taxis have anchorage points for your child restraint and some taxi
companies will supply a child restraint if you request one when booking a taxi by
phone. Approved restraints have the Standards Australia label.
EXEMPTIONS
Taxis: Currently, taxi drivers do not have to wear a seatbelt although they are
strongly advised to do so for their own safety.
Medical conditions: In rare circumstances an adult or child may obtain a doctor’s
certificate to say they cannot wear a seatbelt because of a medical condition or
body shape. This certificate must
• be dated and issued on the practitioner’s letterhead
• state the reason for which the exemption is requested
• state the date on which the exemption expires, an exemption should
not exceed one year from the date of the certifcate issued.
This certificate must be carried at all times while travelling unrestrained in a
vehicle, otherwise both driver and passenger will be fined and the driver will get
demerit points.
Reversing: A driver reversing a vehicle does not have to wear a seatbelt.
Tow Trucks: When an appropriate child restraint is not available for use in a tow
truck, a child under 1 year old is allowed to sit on the lap of another passenger
who is not in the front row of seats (if the tow truck has two or more rows of seats).
