New Car Seat laws

Recently new laws have come into effect impacting how children travel in cars. The change has come about due to the current law only stipulating a weight for the child and not an age specific requirement.

Victoria is the first state in Australia to announce implementation of the laws targeting kids in cars.

Note at present, there are no new laws yet and if you’re doing the right thing now, there is a good chance that you will be compliant when the laws come into effect.

The new laws change all this by focusing on

• Larger children involving booster use. This may especially be an issue with multiple children / restraint situations.
• The need to use a front seat position.

Roads Minister Tim Pallas said children in the front seat have a 40 per cent greater risk of injury in a crash than those in the back of the car.

Research suggests children are moving too early into bigger seats, which are not appropriate for their weight and height and increases the risk of injury. About 500 children a year are killed or seriously injured in car accidents.

This reform responds to calls from road safety experts, police and the community for updated laws which clearly articulate stronger minimum standards.

The approved reform will provide a safe pathway from rear child seats to boosters and adult seatbelts.

Children up to 6 months old should be restrained in a rearward facing infant capsule; then a forward facing child seat until the age of 4; and a booster seat from 4 to 7 years old.

Protecting our Children

Children aged over 7 years can use an adult seat belt if they are properly restrained.
Some children over 7 years old are too short (less than 1.45m) for the safe use of an adult belt and too heavy (over 26kgs) for a booster seat.

Australian Standards are developing a standard for large booster seats suitable for children up to 36kgs and 1.35 metres tall. This will help close the technical gap between boosters and adult seatbelts (accommodating about 50% of children at their ninth birthday).

Regulating for child restraints by age becomes more difficult as children grow older because the variability in the height and weight increases.

If your child is too tall or heavy, provisions are in place to go to the next level as long as they are properly restrained.

The same applies for smaller children, who may need to stay longer in their existing restraint.
Children up to four years old must be restrained in the rear of a vehicle (using an approved child seat, fitted with an inbuilt harness).

If the child is aged 4 to 7 years old, he/she can only be restrained on a booster in the front seat if all the rear seat positions are occupied by children under 7.

The back seats are safer than the front seat.

New car seat law exemptions

Taxis will continue to be exempt (for children up to 7 years old). Parents and carers can bring their own child restraint and/or booster or ask the taxi company to provide one.

• NRMA report
• Choice Report on safe child restraints and carseats
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