road safety

Please Note: From 9 November 2009, there will be changes to the child restraint legislation. Please see below for further information.

The current law (up to the 9 November 2009) states that children under one year must be carried in an approved child restraint suitable for the child's size and weight, properly fitted and adjusted.

It is the driver's responsibility to ensure that passengers under 16 years of age are properly restrained in a seat belt or approved child restraint. Child restraints must be suitable for the child’s size and weight and be properly fitted and adjusted. Approved restraints carry the Australian Standards AS 1754 sticker.

Penalties for drivers not ensuring their passengers, under the age of 16, are properly restrained involve a fine of $165 and three demerit points or, if convicted in court, a fine of up to $500 and three demerit points. Possible suspension or cancellation of licence may also apply.

Exemptions apply if:

• a child under one is travelling in a taxi and a suitable restraint is not available, provided the child does not travel in the front seat
• a child is travelling in a police or emergency vehicle
• a child has a medical condition or physical disability that makes it impractical to use a child restraint, and the driver has a certificate from a doctor indicating this is the case.

Changes to the legislation (effective from 9 November 2009):

Starting 9 November 2009, children under seven years of age must use a child restraint or booster seat when travelling in a car.

The changes will require that:

• Children aged under 6 months must use an approved, properly fastened and adjusted  rearward facing restraint
• Children aged between 6 months and under 4 years must use an approved, properly fastened and adjusted rearward facing child restraint OR a forward facing restraint
• Children aged between 4 years and under 7 years must use an approved, properly fastened and adjusted  forward facing restraint or a an approved booster seat which is properly positioned and fastened.

There are also new laws for where children can sit in vehicles:

• If a car has two or more rows of seats, than children under 4 years must not travel in the front seat
• If all seats, other than the front seats, are being used by children under 7 years, children aged between four and six years (inclusive) may travel in the front seat, provided they use an approved restraint or booster that is properly fitted. 

For further information, visit the VicRoads website.