SA Child Restraint Laws

The Australian Road Rules currently require that children less than 12 months of age must be restrained in a suitable approved child restraint.  However, children between 12 months and 16 years of age must be restrained in an approved child restraint or a properly fastened seatbelt, where one is available.

The Australian Transport Council (comprising of Transport Minister’s from across Australia) has approved new laws which will introduce a mandatory, size-appropriate restraint system for all children up to the age of 7.  This change will significantly improve the safety of children when travelling in vehicles.

What will the new laws mean?

The new laws will require children to be appropriately restrained in a motor vehicle in a suitable approved child restraint from birth up to the age of seven.

Specifically, the new laws will require children:

Up to the age of six months to be restrained in a rearward facing child restraint (e.g. infant capsule)

From six months until the age of four to be restrained in either a rearward or forward facing child restraint (e.g. child safety seat)

From four years until the age of seven to be restrained in either a forward facing child restraint or booster seat restrained by a correctly adjusted and fastened seatbelt or child safety harness.

The new laws also deal with the issue of children sitting in the front seat of a vehicle. 

Children up to four years of age must be restrained in the rear of the vehicle (where the vehicle has two or more rows of seats)

Children aged between four and seven years will not be permitted to sit in the front seat unless all other seating positions are already occupied by children under seven.

By specifying the type of restraint to be used at different ages and where children must be seated in a vehicle, the new laws will reduce the risk of injury caused by the use of unsuitable restraints for a child’s size. 

It will also provide parents and carers with the advice and clarification they need about what type of restraint provides the best safety benefit for their children.

Nothing else offers the same level of crash protection for babies and young children as a properly fitted child restraint – it is one investment that parents and carers alike can’t afford not to make.

When will the new laws come into effect?

It is expected that the new laws will come into effect in around mid 2010. This delay is intended to provide parents and carers with sufficient time to purchase (or arrange to hire) the restraints they need, or to make necessary modifications to their vehicle to accommodate the restraints.

For your child’s safety, the Government urges all parents and carers to ensure they comply with the new rules as soon as possible. 

Parents and carers will be provided with further information as it becomes available.

What if the recommended restraint isn’t suitable for my child?

While the new 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 unsuitable for their size and weight (for example a child who is too tall or heavy for the restraint must use a restraint for the next age category).

In addition, Standards Australia are currently developing a standard for larger booster seats suitable for children up to 36kg.  This will allow parents to keep children in boosters for longer and it will be particularly useful for children under the age of seven who have outgrown their booster, which currently only takes up to 26kg in weight.

For more information please contact the RAA on 08 8202 4592 or childrestraints@raa.com.au

Source: Government of South Australia, Department for Transport Energy and Infrastructure