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NSW Child Restraint Laws

The child restraint rules come into effect on Monday 1 March which whcih means that all children up to the age of seven are required to travel in approved child restraints and booster seats.

 

 

 

 

 

NSW Laws Effective 1 March 2010

  • All children up to seven years of age must be secured in a child restraint.
  • Children younger than six months must be restrained in a rearward facing restraint.
  • Children between six months and four years must be secured in either a rear or forward facing restraint.
  • Children between four and seven years must be secured in a forward facing child restraint or booster seat.
  • Children younger than four years cannot travel in the front seat of a vehicle with two or more rows.
  • Children between four and less than seven years cannot travel in the front seat of a vehicle with two or more rows, unless all other back seats are occupied by children younger than seven years in a child restraint or booster seat.

To give parents time to prepare for the change there will be an amnesty on enforcement of the new regulations for the first four months.

If you would like further information the RTA has released the 2009 Safer Child Restraints Guide. This brochure provides guidelines for parents to follow when buying a restraint. It also includes a list of approved restraints as well as information on the ease of use of infant, young child restraints and booster seats.

The RTA offers expert fitting services and has more than 190 authorised restraint fitting stations across NSW. The guide is available from motor registries, the RTA Customer Service Enquiry Service on 13 22 13 or by clicking here. 

Source: NSW Premier’s Department

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34 Posted Comments

(16 awaiting approval)
 
  • Amy  posted 05-03-2010 4:50 pm wrote:

    i have a 2 year old who refuses to sit in her child restraint but will sit in a booster seat can she do this with a harness??

  • Jill  posted 16-02-2010 2:46 pm wrote:

    We have a Volvo Cross Country which has the built in booster seats. We currently use the booster seats with a H- harness for my 3 yr old. Can we still do this after the 1st March?

  • Naomi Dear  posted 05-03-2010 9:53 pm wrote:

    I have 3 children 5 and under and cannot fit 3 seats (2 of them the full baby under 4 seats). I cannot believe the new laws mean we will have to buy a new car!!! The laws did need to change but I think these are rediculous. For us it will mean buying a bigger car with less safety features than our current car because that is all we will be able to afford.

  • Tammy Burgess  posted 30-11-2009 11:35 am wrote:

    Thank you, your site answered all my questions regarding the laws now and how they are going to change. I have searched a lot of sites including the RTA and none was as informative as this one. I'll be sure to spread the word as it has been on a lot of mother's groups hot topics lists.

  • Melissa Pye  posted 30-11-2009 11:44 am wrote:

    Thanks for your comment Tammy. Our site has just been launched and we are the first family car website in Australia! And thanks for spreading the word!

  • shirl gow  posted 01-12-2009 12:47 pm wrote:

    I have just printed out a copy to give to my daughter who has 2 children under 3 and did not believe me when I tld her of the new rules. Its great that you have this site

  • Andrea  posted 03-03-2010 11:18 am wrote:

    Hi

    I live in the ACT and heard about the new laws this morning on Mix 106.3 morning show. I am all for the new laws but my problem is that my 5 year old is as tall as an 8 year old and is just over the weight allowed for a booster. I spoke to Kidsafe a few weeks ago about my dilemma and I was advised that as she is too heavy for the booster she should NOT be put in it as it is not safety tested for weights above 26 kg. How can a government make laws and not make sure our precious children are catered for? I have heard from numerous organisations it is not the safest for my 5 year old to sit on the car's seat without a booster and that they should be elevated for safety reasons but I am not able to buy a booster that will potentially save her life. I was told by Kidsafe that boosters with heavier weight limits will be available in Oct this year but that is still 7 months away - what about my daughter???

  • Astrid  posted 18-12-2009 5:12 pm wrote:

    Guess we'll have to purchase a new vehicle. We have three children under 5 and anyone who has ever had the need to fit three child restraints across a standard back seat will know..it cannot be done. Presumably the Govt isn't going to offer any compensation for that kind of upgrade..

  • Samantha  posted 23-12-2009 5:38 pm wrote:

    This website is great! I have spoken to RTA, Police and Shops about the new laws and they are unclear on them too!. I agree with Astrid as a mother of 4 I understand where she is coming from as I now have to put my 5 year who is large for his age into a booster seat after being out of one for over 2 years. I also have an 8 year who just escapes the age restriction. I bet no one thought of the logistics and cost to families with triplets!

  • Genie  posted 07-03-2010 1:08 pm wrote:

    I have a 7 year old. I don't know if it is up to 7 or including up to the daybefore they turn 8. It is not clearing written. Does anyone know.

  • Kinley  posted 02-01-2010 2:59 pm wrote:

    I think the new laws are great. Children's safety should always come first. For those concerned about fitting the 3 kids across a seat, there are some great boosters that are pretty narrow, that allow for the tight fit. They really are not that expensive in the scheme of things, start laybying now :)

  • Kady Maccagnan  posted 04-01-2010 8:49 pm wrote:

    this site is very helpful - thank you! I am just wondering though, i have 3 kids, the oldest is 5 - what kind of booster seats are allowed for his age?, only the full booster seat or are the bucket seats allowed? and is my 4 year old able to go into a normal booster seat now?

  • Erin  posted 05-01-2010 2:25 pm wrote:

    Just a question about my 5.5 year old... does he have to have a H harness while in his seat or can he just use a seat belt?

  • Annette  posted 09-03-2010 2:52 pm wrote:

    I have a child turning 7 in two weeks time, is he by law still required to sit in a booster seat?

  • Sarah  posted 02-01-2010 9:44 pm wrote:

    I know money is an issue to a lot of people, it certainly is in our house, but the cost of my children's lives is much more important to me. We have always followed these guidelines anyway. Even though my 5 yr old constantly complains that she is too big for a booster and harness, I insist she wears it! I would rather listen to her whinge than lose her in a car accident. I think that kids want to grow up too quickly and some of us allow it rather than tell them that they are children and we know better and are thinking of their safety.

  • Annette  posted 09-03-2010 2:54 pm wrote:

    Can my 6 yr 11mnth sit in a backless booster seat?

  • Simon Childs  posted 12-01-2010 2:33 pm wrote:

    Our 6 year old weight more than 26kg. But there are no child seats available on the market for greater than 26kg. We phoned the RTA who (firstly) didn't know about the new rules, and (secondly) advised that it is the fault of the seat manufacturers for not making the seats available. How can the government bring in a law that is impossible for some people to abide to ?

  • Sally  posted 21-01-2010 12:46 pm wrote:

    I live in the ACT and am confused as to which law i will need to follow as of 1 March. I have a 3 year old who weighs 17kgs, and currently have him in an approved booster secured with an adult lap sash seat belt. Can anyone clarify what i iwll need to do as of 1 March? Thank you.

  • Tamie  posted 29-01-2010 6:22 pm wrote:

    We have a 4 & 7yr old, which a couple of times a week have to go in my husbands ute home from school. The ute only has a front seat! can my 4yr old still travel in it or does he need a booster (which can not fit) or can we just use a harness?? Thanks.

  • miki  posted 04-02-2010 4:25 pm wrote:

    i think it is a good thing that they have brought these laws out . The problem i am having is my 3 yr old doesnt turn 4 untill april, and i now have to go a get a baby seat for her again because she is still under the age group for a hole month , wich sucks.

  • Jenny  posted 04-02-2010 10:58 pm wrote:

    Hi

    I have a 3 and a 6 year old and we frequently have 1 or 2 other kids in the car (car pool for school , sport etc). a few questions: - are the backless booster seats OK? - what do you do with a child under 7 but more than 26kgs (max weight for any booster I've ever seen) - it appears to mean that a child older than 4 can sit in the front seat only with a booster seat and only if al the back seats are occupied? Does this apply if you physically can;t fit 3 boosters / restraints in the back?

  • Matt  posted 09-02-2010 10:14 am wrote:

    For those living in the ACT you need to check the ACT laws. This change is ONLY for NSW. For others wondering about fitting booster seats or whether they can be backless etc, please re-read the regulations at the top. It states child restraint OR booster seat. Child restraint includes the "H" harnesses and backless boosters. As long as the restraint is designed for kids and not just the adult "lap-sash" you will comply with the law. However different child restraints provide different levels of safety so YOU need to decide which restraints to use.

  • Melissa  posted 07-03-2010 5:07 pm wrote:

    Hi Genie,

    Children by law need to be in an approved child restraint up until their 7th birthday. We however recommend that they stay in a restraint up until they don't fit.

  • Tracy  posted 16-03-2010 8:11 am wrote:

    Hi my 3 year old is currently in a good quality booster seat with the full back and sides and it also has the anchorage point. However it does not have an inbuilt harness. Do I need to buy him a harness or a seat with a built in harness. He currently uses the lap sash belt with his seat?

  • ritu  posted 31-05-2010 8:33 pm wrote:

    my son is 6 and weight 30 kg. he is tall enough to see throgh window what sholud i do with him?

  • John Hyland  posted 11-06-2010 9:36 pm wrote:

    Hi...I was just wondering..I have a 2 door utility,which has a passenger seat airbag and was wondering if it is illegal or just not recommended to put a baby in a baby car capsule in this seat.It is a vehicle I mainly use for work and would only occasionally be used to transport the baby.There is a capsule securing bolt behind the seat.Could you please shed some light on this,as there seems to be alot of indecision regarding this matter'Thanks in advance,John

  • Allison  posted 12-06-2010 7:44 am wrote:

    Hi John, It is illegal to have a baby capsule in the front seat of car where the airbag is active. This is because the airbag can cause serious injury to a baby as they go off with great force. Check to see if the airbag can be deactivated.

  • sandy clark  posted 02-07-2010 12:04 pm wrote:

    My son is 4 and a half and he sits in a booster seat and just using the seat belt is that ok or do i have to buy a restraint??

  • Paul  posted 03-07-2010 1:19 pm wrote:

    Hi, could someone please tell me if there's a certain side of a vehicle where you can mount a baby capsule/child restraint or can you pick the side you want? I take it in the middle would be a no? Thanks.

  • Val Mather  posted 03-07-2010 2:08 pm wrote:

    Our granddaughter will be 7 years on 5 Sept.2010. Has been sitting in the back seat of our car with just the seat belt. She is nearly as big and as heavy as her nearly 10 year old brother. In her parents car she has a small plastic booster seat that is anchored by the seat belt, it is only a base no back. Is this a correct restraint?.

  • Amanda Newton  posted 04-07-2010 4:39 pm wrote:

    Hi, We have a 2007 Volvo S40 with built in booster seats. We have a 5 1/2 year old and a 41/2 year old, both of them weight around 17.8kg. We would like to know: 1. Are we able to just use the booster seats in our volvo with a H harness 2. If yes to the above, is this considered safe and how safe v's a bought booster seat.

    Thanks.

  • Andrew  posted 04-07-2010 4:44 pm wrote:

    I have a 4x4 toyota troopy with only 3 seats in the front!Baby is 4 months and just wondering if ok to install child restraint in the front?

  • stacey  posted 05-07-2010 8:26 pm wrote:

    i have a 7 years old and I'm unsure whether she needs to be in a booster seat or not.

  • Karen  posted 13-07-2010 9:57 pm wrote:

    We are going on holidays to Queensland and will be hiring a car. Are we able to use a backless booster seat with the fitted seatbelts, or do our 5 year old twins need to have a full booster seat?

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