CHILD RESTRAINT LAWS

New national child restraint laws came into effect in the Australian Capital Territory on 15th March 2010. The laws had a 12 month phase-in period meaning they became mandatory on 15th March 2011. The phase-in period was aimed at allowing adequate time for people to purchase appropriate child restraints or booster seats.

To find out more or have any questions about the laws answered contact us.

Basic Requirements

AR RESTRAINTS

All children under the age of 7 years must be restrained in a child restraint that meets Australian Standards (check all restraints for a Standards label to make sure they comply)
All child restraints and seatbelts in use must be properly fastened and adjusted

WHERE TO SEAT A CHILD

Cars with two or more rows of seats (average sedan has two rows):

Children under 4 years of age must not travel in the front seat
Children between 4 years and under 7 years of age must not travel in the front seat unless all other seats are being used by children under 7 years of age. In this situation, a child may travel in the front seat using an approved booster seat and a properly fastened and adjusted seatbelt

Cars with only one row of seats (vans, utilities etc.)

Children under 4 years of age can sit in the front seat in an approved child restraint as long as there is a seatbelt and a child restraint anchorage point available. If there is a passanger airbag you must not use a rearward facing child restraint.
Children aged from 4 years to under 7 can travel in the front seat on a booster seat with a lap/sash seatbelt. If the booster requires a child restraint anchorage then one must be used.

Failure to comply with the above requirements is a serious offence. Drivers who do not ensure all children in their vehicle are properly secured are liable for substantial fines and will incur demerit points.

Age Appropriate Restraints

Keep in mind that seatbelts are designed for adults, not children. Children under 7 years are safest in an approved child restraint or booster seat. Children should only move to the next type of restraint when they reach the top height or weight limit for their current restraint.

The new rules determine the type of restraint that is suitable for use depending on the age of the child. A provision is included to ensure a child is not required to use a restraint that is unsuitable for their height and weight (ie. that the child has outgrown the restraint).

Please be aware that the latest Australian Standard of child restraints does not have a maximum weight limit and should provide age-appropriate restraints for most children.

0-6 months: children should be in an approved, properly fastened and adjusted rear facing child restraint. Either a convertible car seat OR a baby capsule.

Capsule Rearward Facing Restraint

Birth to 6 or 12 months (approx.) Birth to 4 years (approx.)

Up to 9 or 12 kilos New Standard - No weight limit

Between 6 months and under 4 years: Children should be in an approved, properly fastened and adjusted rearward facing OR forward facing child restraint with an in-built harness. Either a convertible car seat/capsule OR a forward facing car seat, or a convertible car seat/booster in car seat mode (with a five-point in-built harness)

Rearward Facing Restraint Forward Facing Carseat Convertible Booster Seat

Birth to 4 years (approx.) Birth or 6 months to 4 years (approx.) 6 months to 7 years (approx.)

New Standards - No weight limit New Standards - No weight limit New Standards - No weight limit

Between 4 years and under 7 years: Children must be in an approved, properly fastened and adjusted, forward facing child restraint with an in-built harness OR a properly positioned approved booster seat with a seatbelt that is properly fastened and adjusted. Booster seats can be aused with a lap/sash seat belt, but if there is a lap-only belt then a harness must be used.

Forward Facing Carseat Convertible Booster seat

6 months to 5 years (approx.) 6 months to 7 years (approx.)

New Standard - No weight limit New Standard - No Weight Limit

Polystyrene Booster Seat Plastic Booster Seat

4 to 6-8 years (approx.) 4 to 6-8 years (approx.)

New Standard - No weight limit New Standard - No weight limit

Polystyrene booster have no tether strap Plastic boosters have a tether strap

So do not require an anchor point which requires an anchor point

Integrated booster cushions/seats are suitable for this age group as long as the child meets the minimum and maximum weight restrictions for the integrated booster seat.

Dickie seats installed in the luggage area of station wagons will be permitted for use by children aged between 4 years and under 7 years, provided that the seat is suitable for the child's height and weight and a lap/sash seatbelt or a lap-only bet with a harness is used.

Exemptions

Exemptions from the requirements are permitted only in the following situations:

The driver has a medical certificate stating that the child cannot wear a restraint/seatbelt.
A sudden or extraordinary emergency arises
The child is traveling in a taxi or hire car that is not equipped with a restraint (in this case, however, children may not ride in the front seat)

ACT taxis have at least one anchorage bolt or fitting to enable the use of a child restraint. When you book a taxi, ask for it to be fitted with a child restraint.

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To download a copy of the brochure outlining the new laws click here.