Children aged 6 months and less than 4 years must use either a rearward
facing child restraint or a forward-facing child restraint that has an inbuilt
harness.
Children up to age 4 must sit not sit in the front row of a vehicle that has two or
more rows of seats.
4 to 6 years Children aged 4 and less than 7 years
must be restrained in a forward-facing
child restraint with an inbuilt harness
or in a booster seat restrained by
either a seatbelt or child harness.
Children aged 4 and less than 7 years
will not be permitted in the front seat
of a vehicle unless all rear seats are
occupied by children less than 7 years
of age.
If there is a passenger airbag in the front seating position occupied by a child, it
is recommended that the seat is moved as far back as possible while still allowing
correct restraint and seat belt fit. Children who are outside weight/size guidelines for
existing restraints will be able to use the restraint type for the next age group. Before
you purchase or install a child restraint, you must ensure it complies with Australian
Standards.
Further information on child restraint laws, including exemptions from these laws can
be located online at Never ride in the back of a utility, panel van or station wagon.
It is illegal to ride in the back of a utility or other ‘open load’ space. If you are travelling
in the open load space of a utility or in the back of a panel van or station wagon you
face a greater risk of serious injury or death, particularly if there is a crash or if you
fall out of the vehicle. Carrying passengers in the tray of a utility, truck or other vehicle
that is fitted with an approved roll-over protection device has not been legally permitted
since the 31 December 2005. And it is illegal to carry any passengers in the tray of
utilities or open load space of any vehicle, even if it has a roll-over protection device
fitted.
1.4.5 What if your passengers do not wear a seat belt?
Drivers are legally responsible for ensuring that children up to the age of 16 are
suitably restrained in a vehicle. If a child under the age of 7 years is a passenger
in your vehicle you are responsible for ensuring the child is wearing a suitable child
restraint and the restraint is properly adjusted and securely fastened.
Only passengers that are sitting in a seat that is fitted with a seat belt or child restraint
suitably fastened can be carried in the vehicle. Some exceptions do apply for
passengers aged 7 years and over where the vehicle is not required by law to have
seatbelts fitted.
No additional unrestrained passengers are permitted and passengers can not share
the same seat or seatbelt.
1.4.6 What is the correct way to wear a seat belt?
A seat belt is legally required to be properly adjusted and securely fastened. Your
seat belt should be tight but comfortable. The buckle should be at your side and there
should be no twists or knots in the straps. Properly working retractable seat belts will
self-adjust.
1.4.7 What should I do if my seat belt is in poor condition?
It is not only illegal, it is also unsafe to have a worn, frayed, faded or damaged seat
belt. You must have it replaced.
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1.5 Driver Fatigue
Driver fatigue (driving when you are tired) is a major road safety hazard. Fatigue or by phoning the RoadWise Child
Restraint Information Line on 1300 780 713.