Child car seat and restraint road rules
In Victoria, it is the driver’s responsibility to make sure anyone under 16 years in a motor vehicle travel in a child car seat, booster seat or seatbelt that is right for their size.
Rules for child car seats and restraints
The back seat of a car is the safest place for children under 12 years to travel.
Drivers must make sure passengers are wearing seat belts or child restraints correctly.
Download a brochure on child restraints, booster seats and seatbelt readiness (PDF).
You may be fined if you ignore the law
Drivers can be fined and get demerit points if people in the vehicle aren’t properly restrained.
Children travelling in motor vehicles
The table below shows what restraints you must legally use for children in a motor vehicle.
Child's age | Requirements |
---|---|
0 to 6 months |
|
7 months to under 4 years |
|
4 years to under 7 years |
|
7 years to 16 years |
|
Only move your child into the next category of restraint when your child outgrows the restraint they’re using. If your child is within the size requirements of a restraint for a lower age group, we recommend you keep your child in that restraint until they are too big for it.
Find out more about the different types of child car seats and restraints.
Learn how to choose and install a child restraint.
Five step test
Follow a five step safety test to see if your child can move to an adult seatbelt. To achieve a good seatbelt fit your child must be able to pass all five steps.
- sit with their back flat against the back of the seat
- sit with their legs bent over the seat edge
- the seatbelt sits over the middle of their shoulder and does not dig into their neck
- the seatbelt sits low and firm across the child’s hips and touches their thighs
- they can sit comfortably in this position for the whole trip.
Children with disabilities or medical conditions
Children with additional needs may be:
- exempt from child restraint rules
- need special car seats.
To be exempt, your child needs a medical certificate.
You may need help deciding which restraint is best for your child. Talk to a health professional, like an occupational therapist.
View other useful resources:
- Australian/New Zealand Standard for Restraint of children with disabilities, or medical conditions, in motor vehicles (AS-NZS 4370; 2013)
- Mobility and Accessibility for Children in Australia Ltd (MACA)
When children can sit in the front seat
Child's age | When they can sit in the front seat |
---|---|
5 to 7 years | Only if all of the back seats are taken by passengers under 7 years old. The child must travel in a suitable child restraint. |
8 years and older | They can travel in the front seat, but it is safer if they sit in the back. Children who cannot pass the 5 step test are at risk of injury if an airbag deploys in a crash. |
If your vehicle only has one row of seats
Children under the age of 4 must travel in the back seat, unless your vehicle only has one row of seats (e.g., a ute or van).
In these cases, your child is allowed to travel in a child restraint, child seat or booster seat in the front seat provided it is installed according to the manufacturer’s instructions.
Using child restraints in the front seat
Child restraint | Guidelines for use in the front seat |
---|---|
Rear facing child restraint | Don't use rear facing child restraints if there is a passenger airbag due to the high risk of injury in a crash |
Forward facing child restraints |
|
Booster seats |
Children travelling in taxis
In Victoria, taxi drivers do not have to provide child restraints, child car seats or booster seats for customers.
We recommend taking your child’s restraint or booster seat with you. Taxis are exempt from rules that apply to private cars as shown in the table below.
Child's age | Restraint requirements in taxis |
---|---|
Under 1 year old | Must travel in the back seat, but does not have to use a child restraint. Instead they can be carried by the accompanying adult. |
1 year old and over | Must be in their own seat, with a seat belt if there is no child restraint or booster seat available. |
Taxis must have at least one anchorage point if passengers want to bring their own child restraint.
Children travelling in rideshares (such as Uber)
The child restraint rules for rideshare vehicle and hire cars in Victoria are the same as private cars.
This means that all children under the age of 16 must be in an appropriate child restraint, booster seat or use the adult seat belt that is properly adjusted and fastened.
Children travelling in buses
Different rules for using child restraints or booster seats apply depending on the size of the bus.
If the bus has more than 12 seats (including the driver’s seat), children are not required to use child restraints or booster seats. Where possible, use child restraints and booster seats in buses. Otherwise, children must use the seat belts provided.
If the bus or vehicle has 12 or fewer seats (including the driver’s seat), then all children under the age of 7 must use an appropriate child restraint or booster seat.
Read more about child restraint laws
The rules for child restraints are published in Part 16 of the Road Safety Road Rules 2017.
- Rule 266 - Wearing of seat belts by passengers under 16 years old
- Rule 267 - Exemptions from wearing seat belts