Car Seat Rules in NSW

It is the driver’s responsibility to ensure all children under the age of 16 travelling in the vehicle are properly restrained or seated in a properly fastened and approved Australian standards child seat. A driver can face a hefty fine and the loss of demerit points if they ignore the car seat rules in NSW. The driver will be penalised for each child that is not adequately restrained in a vehicle. 

Children must be restrained in an approved and age-appropriate child car seat or restraint on every trip. It is illegal to carry a child on a person’s lap. It is illegal to restrain both adult and child with one seatbelt if the child sits on the adult’s lap. It is also unsafe and illegal to put two children in one seatbelt or let children ride in the luggage space of vehicles. 

Rule 266 of the Road Rules 2014 (NSW) lists the regulations for the law on ensuring children are properly restrained in vehicles. The NSW car seat rules also address the wearing of seatbelts by passengers under the age of 16 years.

If a child is too small for an age-appropriate car seat, they should be kept in their current car seat until it is safe to move them to the next age level. If a child is too large for an age-appropriate car seat, they should move to the next age level. 

Seatbelt offences relating to children are penalty notice offences. A driver who fails to abide by Rule 266 of the Road Rules 2014 (NSW) can get a fine, and demerit points and double demerit points also apply. If a driver refuses to pay the fine, dispute the offence or want to avoid demerit points, they can court-elect the penalty notice. 

The driver will be required to appear before a Magistrate in Local Court and must either plead guilty or not guilty. The driver will be able to avoid the fine, demerit points, and a traffic conviction for the offence if the Magistrate imposes a non-conviction penalty as a sentence after pleading guilty or not guilty. This non-conviction penalty includes a Conditional Release Order without conviction or a Section 10 dismissal. 

Children up to 6 months old

Children up to 6 months old must be restrained in a suitable and properly fastened rearward-facing car seat with a harness. Children up to 6 months old cannot travel in the front seat of a vehicle with two or more rows of seats. Children up to 6 months can travel in a vehicle with only one row of seats, but have to be restrained in a rearward-facing car seat with a harness. 

Driving with children less than 6 months without a rearward facing, fastened and approved restraint attracts a penalty notice under Rule 266 of the Road Rules 2014 (NSW):

·        Penalty notice of $352

·        3 Demerit Points

·        Double Demerit points apply

·        Maximum fine up to $2,200 in Court

Children: 6 Months to 4 Years Old

Children aged 6 months but less than 4 years old must be restrained in either a rear or forward-facing suitable and properly fastened car seat with a harness. Children aged 6 months but less than 4 years old cannot travel on the front seat of a vehicle with two or more rows of seats. 

Driving with children aged 6 months but less than 4 years old without rear or forward-facing fastened and approved restraint attracts a penalty notice under Rule 266 of the Road Rules 2014 (NSW):

·        Penalty notice of $352

·        3 Demerit Points

·        Double Demerit points apply

·        Maximum fine up to $2,200 in Court

Driving with children less than 4 years in the front row of a vehicle that has two or more rows of seats attracts a penalty notice under Rule 266(1) of the Road Rules 2014 (NSW).

·        Penalty notice of $352

·        3 Demerit Points

·        Double Demerit points apply

·        Maximum fine up to $2,200 in Court

Children: 4 Years to 7 Years Old

Children aged 4 years but less than 7 years old must be restrained in a suitable and properly fastened forward-facing car seat or booster seat with a harness. The booster seat laws in NSW state that the child should be restrained by a suitable lap and sash type approved seatbelt or an anchored child safety harness when using an approved booster seat. The seatbelt or a suitable approved child safety harness has to be properly fastened and adjusted.

Driving with children aged 4 years but less than 7 years old without a forward-facing fastened and approved car seat or booster seat attracts a penalty notice under Rule 266 of the Road Rules 2014 (NSW). 

·        Penalty notice of $352

·        3 Demerit Points

·        Double Demerit points apply

·        Maximum fine up to $2,200 in Court

The above rules do not apply if the driver has a medical certificate stating that the child should not be restrained as required by the law due to a medical condition or a disability. Instead, the child has to be correctly restrained in an alternative restraint designed for the child. The driver has to comply with the conditions outlined in the medical certificate. 

Children aged 4 years but less than 7 years must not sit in the front seat of a vehicle that has two or more rows of seats. Children are only allowed to sit in the front seat if the seats in the back row are occupied by other children aged less than 7 years, and they must sit in an approved child car seat suitable for their age and size. 

Driving with children 4 years and older but less than 7 years in the front row of the vehicle that has two or more rows of seats attracts a penalty notice under Rule 266(1) of the Road Rules 2014 (NSW). 

·        Penalty notice of $352

·        3 Demerit Points

·        Double Demerit points apply

·        Maximum fine up to $2,200 in Court

Children: 7 Years to 16 Years Old

Children aged 7 years but less than 16 years old who are too small to use a seatbelt must be restrained in an approved booster seat with a suitable lap and sash type approved seatbelt or an anchored child safety harness. The suggested minimum height of a child for using a seatbelt is 145cm or taller. 

Children wearing a seatbelt have to be in a seating position fitted with an approved lap and sash type seatbelt or anchored safety harness. The seatbelt has to be worn properly, adjusted and fastened. Children are big enough to use a seatbelt if they can sit with their back firmly against the seat and their knees are comfortably bent over the seat. The sash belt has to cross their mid-shoulder and the lap belt across the top of their thighs. 

Driving with children aged 7 years but less than 16 years old that is not restrained attracts a penalty notice under Rule 266(1) of the Road Rules 2014 (NSW):

·        Penalty notice of $352

·        3 Demerit Points

·        Double Demerit points apply

·        Maximum fine up to $2,200 in Court

Children aged 7 or older can legally sit in the front seat. They can either sit in a booster seat or use a properly adjusted seatbelt. However, it is recommended that children sit in the back seat until they are 12 for safety reasons. 

Learner and Provisional (P1/P2) licence holders driving with children less than 16 years that are not fastened with an approved restraint will face a penalty notice of $352 and 3 demerit points under Rule 267-1(2)(b) of the Road Rules 2014 (NSW). Double demerit points do also apply. 

Children Travelling in a Taxi or Hired Vehicles

Children under 7 are not allowed to travel in a hired or rideshare vehicle without an appropriate approved car seat for their age and size. Children do not have to use car seats on buses, although it is recommended that they do. The rules for children sitting in the front seat in taxis, rideshare, or hired vehicles are the same as the rules listed above.

In NSW, children under the age of 12 months must use an approved rear or forward-facing car seat in a taxi.  Wheelchair-accessible taxis are required to carry an approved child car seat or a person can use their own. All taxis or hired vehicles must be fitted with a child restraint anchorage point. 

However, many taxi services do not have car seats and a passenger should use their own. When a child travels in a taxi the following rules apply:

·        Children aged up to 6 months must use a rear-facing child car seat with a harness

·        Children aged between 6 and 12 months must use a rear or forward-facing child car seat with a harness

·        Children aged over 12 months must use a booster seat or wear a seatbelt, although it is still advisable to use a car seat

A child under 12 months can travel in a tow truck after a crash or vehicle breakdown. A child under 12 months can sit on the lap of another passenger if a suitable car seat is not available. However, the child must sit in the back seat if the tow truck has one. 

Driving with 2 or More Unrestrained Children

A driver can face hefty penalties if they drive with 2 or more unrestrained children under Rule 265(3) of the Road Rules 2014 (NSW). Double demerit points do also apply. 

·        2 unrestrained passengers – maximum penalty of $704 and 6 demerit points

·        3 unrestrained passengers – maximum penalty of $1135 and 6 demerit points

·        4 or more unrestrained passengers – maximum penalty of $1487 and 6 demerit points. 

It is always advisable to contact experienced traffic lawyer in Sydney if you want to take a traffic-related matter to Court. Lyons Law Group offers expert advice and experience.