Child Restraint Law
The back seat is the safest place for children under 12 years of age.
Never place a rear facing seat in the front with an airbag, serious injury or death could occur in an accident.
Only put forward facing child in the front seat (under the age of 12 years) when the back seat has no spare seats. Move the passenger seat back as far as possible and restrain the child correctly according to your child's weight and height. If the back seat is available use it at all times.
Source: LTSA - Quoted under "What if my car has airbags"
New Zealand's child restraint law
Australia's child restraint law
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New Zealand's Child Restraint Law
Children under 5 years old
- Must be properly restrained by an approved child restraint.
- They must not travel in the car if you can't put them in an approved child restraint.
- Must be properly restrained in an approved child restraint.
Children 5 to 7 years old
- Must use a child restraint if available
- If there is no child restraint available, the child must use a safety belt if available
- If there is no safety belt available the child must be in the back seat.
Children 8 to 14 years old
- Must use safety belts if available
- If there is no safety belt available, the child must be in the back seat.
People over 14 years old
- Drivers and passengers must wear safety belts when available.
Exemptions to NZ law
A child doesn't have to be in an approved child restraint if they're travelling in a:
- vintage vehicle (first registered before 1955) that isn't fitted with safety belts
- goods service vehicle (eg, a truck, van or utility) with an unladen weight over 2,000 kg that isn't fitted with safety belts
- passenger service vehicle (eg, taxi, shuttle, bus) that isn't fitted with safety belts.
However, where a safety belt is available in any of these vehicles, the child must be restrained, and where an approved child restraint is available, it must be used (where appropriate for the child's age and weight).
Taxi companies will probably provide child restraints if you give them reasonable notice.
Note that the driver of a passenger service vehicle, such as a bus or taxi, is not legally responsible for ensuring seat belts are used (if fitted). It's up to the person in charge of the child to make sure they are used.
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Australia's Child Restraint Law
Infants under 12 months travelling in a motor
vehicle manufactured on or after 1 July 1976, must
use an approved child restraint that is properly
fastened and adjusted. An exemption applies to
certain vehicles.
Children aged between 12 months and 16 years
must use an approved restraint, child restraint or
seatbelt, when one is available, properly adjusted
and fastened. Children over the age of 16 need to
use an adult seatbelt.
Infants under 6 months old: must be restrained in a rear facing restraint.
Children 6 months to 4 years old: must be restrained in rear or forward facing restraint.
Children 4 to 7 years old: must be in a forward facing restraint or booster.
All children under 7 years old must ride in the back seat at all times. Although children are safest in the back seat until at least 12 years old.
In a vehicle where there are insufficient seatbelts for all occupants.
An approved restraint is one that meets AS/NZS 1754 standard, this is Australia's "5 Tick" standard. No other standards are accepted in Australia, it is an offence to sell, or offer for sale, a child restraint or part of a child restraint for use in a motor vehicle if it is not approved as described above.
Children less than 16 years old
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. This does not apply to drivers of buses or motor bikes.
The maximum fine is currently $1,250 plus a Victims of Crime Levy with the loss of three demerit points.
Exemptions to AU law
- 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.
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Australian Standard AS/NZ1754. This standard covers materials, design, construction, performance, testing and labelling of child restraints. All restraints must carry the Australian Standard AS/NZ1754 sticker (shown to the left). Most overseas child restraints, including restraints from the UK, NZ and USA, do not comply with these Standards and cannot legally be sold in Australia. Seats that meet AS/NZS 1754 include: |
Background on the Australian standard for child restraints
Australian Standard for child restraints was first introduced in 1973. This standard is one of the toughest in the world, and demands an extremely high degree of protection for a child. The standard requires dynamic (crash) testing of restraints and features that significantly improve performance in a crash. One of the main features of the standard is the use of a top tether strap to an anchor point for infant restraints, child car seats, child harnesses and some booster seats.
Ongoing development of the Australian Standard will see better side impact testing to further improve the performance of child restraints. There has also been consideration of a new attachment system allowing a child restraint to be installed in the vehicle without the need for the use of the seat belt. Known as ISOFIX or LATCH systems, these have been developed under the International Standards Organisation (ISO) that has established an International Standard for child restraints. At this stage the decision has been made to continue with more rigorous testing of this new system, including the improvements to side impact tests, before changes to the Australian Standard are made.
Land Transport New Zealand - Fact Sheet #7 |
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The Royal Automobile Club of Victoria |
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Transport South Australia |