Child Restraint Laws ACT

New road rules will be introduced in the ACT on 15 March 2010. All States and Territories plan to introduce, or have recently introduced, these changes to the Australian Road Rules.

New Child Restraint Rules

The most significant changes relate to nationally agreed mandatory child restraint rules for children up to the age of 7 years. Research has shown that while many parents and carers do choose an appropriate child restraint for their children, many children are using adult seatbelts too early and this has resulted in injuries to children involved in car accidents.

In the ACT, the phase-in period for the new child restraint rules will commence on 15 March 2010 and these rules will become mandatory 12 months later, on 15 March 2011. This will allow adequate time for people to purchase appropriate child restraints and booster seats. After that, failure to comply with the new laws will attract a similar penalty to other seatbelt offences, which includes fines and demerit points.

Under the new rules, the type of child restraint will depend on the age of the child, as follows:

Under 6 months: an approved, properly fastened and adjusted, rear facing child restraint.

Between 6 months and under 4 years: an approved, properly fastened and adjusted, rear facing OR forward facing child restraint with an in-built harness.

Between 4 years and under 7 years: an approved, properly fastened and adjusted, forward facing child restraint with an in-built harness OR a properly positioned approved booster seat and a seatbelt that is properly fastened and adjusted.

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

If a vehicle has two or more rows of seats, then children under 4 years must not travel in the front seat.

If a vehicle has two or more rows of seats, then children aged between 4 years and under 7 years must not travel in the front seat unless all other seats are being used by children under 7 years. In this situation, a child may travel in the front seat using an approved booster seat and a properly fastened and adjusted seatbelt.

Frequently Asked Questions

What if my child is too big for a booster seat?

While the new child restraint laws aim to cater for the majority of children, a provision will be included to ensure a child is not required to use a restraint that is unsuitable for their height and weight.

A child who is too heavy for the child restraint recommended for their age should use a restraint for the next age category. For example, if a child between 4 years and 7 years of age is too heavy (greater than 26kg) for a booster seat, the rules allow a suitable seatbelt to be used.

What if my child is too big for a child restraint with an in-built harness?

If a child between 6 months and 4 years of age is too heavy (greater than 18kg) for a child restraint with an in-built harness, the rules allow a booster seat with a lap/sash seatbelt to be used.

When the new child restraint laws are introduced, will I still be able to carry children in the additional seat (dickie seat) installed in the back of my station wagon?

Yes, dickie seats will be permitted for use by children aged between 4 years and less than 7 years provided the seat is suitable for the child's height and weight and a lap/sash seatbelt or a lap-only seatbelt with a child safety harness is used. This exemption for dickie seats has been nationally agreed.

Can I use an integrated booster cushion/ seat?

An integrated (or integral) booster cushion is forward facing and is built into some vehicles by the vehicle manufacturer. The occupant minimum and maximum weight restrictions for integrated booster cushions are specified in the vehicle owner's manual.

An integrated booster cushion will be considered to be an Approved Booster Seat under the ACT's road transport laws and will therefore be able to be used by a child aged 4 years to under 7 years. For children aged 7 years and over, it is recommended that the child continues to use the integrated booster cushion until he or she reaches the maximum weight restriction as specified in the vehicle owner's manual.

Note: The integrated booster cushion must comply with clause 34.8 of the Australian Design Rule 34/01 - Child Restraint Anchorages and Child Restraint Anchor Fittings to be permitted for use in the ACT.

What is the difference between an in-built harness and a child safety harness?

An in-built harness is made at the time of manufacture as part of the child restraint. It is suitable for children up to 18kg. There are no in-built harnesses available for children over 18kg. A child safety harness is purchased separately. It is suitable for children that are between 18kg and 32kg.

If my child is in a booster seat do they also need to be in a child safety harness?

Booster seats do not come with a child safety harness. Booster seats are designed to be used with a lap/sash seatbelt. However, if your child is using a seating position fitted with a lap-only seatbelt then they must use a child safety harness.

For a child sitting in a booster seat in a seating position with a lap/sash seatbelt, the new laws allow an approved child safety harness to be used to restrain the upper body of the child, instead of using the sash part of the seatbelt.

Is it possible to fit three child restraints across the back seat of my car?

There is considerable variation in the types of child restraints and booster seats available. It will depend on the type chosen, as well as the combination of restraints required, and the make and model of your car. You will also need to find out whether there are enough anchorage points in your vehicle with which to fit the restraints. If you are unsure where the anchorage points are located in your vehicle, refer to the vehicle owner's manual under the section of 'Child Restraints' or 'Child Restraint Anchorage Systems'.

Can a child restraint be fitted in the front seat of a van or utility?

It is legal to fit a child restraint in the front of a van or utility provided there is a seatbelt and a child restraint anchorage point available. If there is a passenger airbag in the seating position occupied by the child, you must not use a rearward facing infant restraint.

Do we need a child restraint in a taxi?

By law, taxi drivers do not have to provide child restraints or booster seats. However, they must ensure there is at least one anchor fitting ready for passengers who wish to supply their own. If you can, take your child's restraint with you.

Other new Road Rules being introduced on 15 March 2010

There will be no 12 month phase-in period for the remaining new road rules.

Most of the amendments to the road rules are simply to clarify the intent of a rule or to remove anomalies. The amendments that are important for road users are:

• The carrying of unrestrained passengers of any age in the load area of vehicles (eg station wagons) will be prohibited.

• The carrying of additional unrestrained passengers of any age after all seating positions with a seatbelt are occupied will be prohibited.

• Drivers will be responsible for making sure all passengers are using a seatbelt or child restraint.

• It will be made clear in the road rules that drivers will not be allowed to overtake or perform a U-turn across a single continuous dividing line on a road.

• Children under 8 years of age will not be allowed to ride on motorcycles as a pilion passenger, but they will be permitted to travel in a sidecar.

• Motorcycle riders will not be permitted to ride with an animal (eg a dog) on the petrol tank of the motorcycle. However, there are devices that can be fitted to the back of a motorcycle that provide safe travel for dogs and cats etc.

• A person may not drive a vehicle if a person or animal is on the driver's lap.

• Drivers must not use front fog lights unless the driver is driving in fog or other hazardous weather conditions causing reduced visibility.

• The current prohibition on the use of motorised scooters on roads and road-related areas in the ACT will continue. The term 'motorised scooter' does not refer to the motor scooters and mopeds that are registered by road transport authorities.

• It will be made clear in the road rules that the writing, sending or reading of text messages on a mobile phone is prohibited.

• The new road rules include rules about Bicycle Storage Areas which are designated spaces on the road at traffic lights that allow cyclists to stop in front of motor vehicles at an intersection and then leave the intersection before the motor vehicles. These are common in Melbourne, however there are none in the ACT at present.

Important Notice for ACT Residents Driving in Victoria

On 9 November 2009 Victoria introduced new nationally agreed road safety rules on the use of child restraints and booster seats. These changes will help parents and carers to ensure their children are in the safest child restraint or booster seat for their age.

If you are travelling in Victoria in a motor vehicle, you will need to comply with Victoria's new road rules, as there is no exemption for visiting drivers from States and Territories that have not yet introduced the new laws about the use of child restraints and booster seats.

The type of restraint will depend on the age of the child, as follows:

Under 6 months: an approved, properly fastened and adjusted, rear facing child restraint.

Between 6 months and under 4 years: an approved, properly fastened and adjusted, rear facing OR forward facing child restraint with an in-built harness.

Between 4 years and under 7 years: an approved, properly fastened and adjusted, forward facing child restraint with an in-built harness OR a properly positioned approved booster seat and a seatbelt that is properly fastened and adjusted.

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

If a vehicle has two or more rows of seats, then children under 4 years must not travel in the front seat.

If a vehicle has two or more rows of seats, then children aged between 4 years and under 7 years must not travel in the front seat unless all other seats are being used by children under 7 years. In this situation, a child may travel in the front seat using an approved booster seat and a properly fastened and adjusted seatbelt.

Source: Territory and Municipal Services website