Child car restraint road rules
When children travel in a car, they must use the right car seat, booster seat or seatbelt for their age and size.
The driver is responsible for making sure all children under 16 years are safely restrained. If the rules are not followed, the driver could get a fine and lose demerit points.
For safety, children under 12 years should sit in the back seat whenever possible. Front seat airbags are designed and tested for adult use and can injure children.
Download a brochure on Child restraints, booster seats and seatbelt readiness (PDF).
What restraint does your child need?
The type of restraint required for your child will depend on the child’s age and size. It’s safest to keep your child in their current child restraint or booster seat until they outgrow the size limit, rather than moving them because of their age.
Use the table below as a guide.
| Child's age | Requirements |
|---|---|
| Birth to 6 months | Your baby must use a rear facing child car restraint with an inbuilt harness. This seat faces the back of the car. |
| 7 months to under 4 years | Your child must use a child car restraint. It is safest to keep your child rear facing until they outgrow the seat. They should use:
|
| 4 years to under 7 years | Your child must use a child car restraint or booster seat. Move to a booster seat only when your child has grown too big for their forward facing restraint. They should use :
|
| 7 years to 16 years | Your child should use:
Children should keep using a booster seat until the seatbelt fits properly. Children should pass the 5-step test to use a seatbelt. For most children, this won’t be until they are 10 to 12 years of age. |
Find out more about the different types of child car restraints.
Learn how to choose and install a child restraint.
When can a child use an adult seatbelt?
A child can use a seatbelt when it fits properly.
Use the 5-step test
If your child cannot pass all five steps, keep them in a booster seat or forward facing restraint.
- Child sits with their back against the seat
- Knees bend over the seat edge
- Seatbelt sits across the middle of the shoulder (not the neck)
- Seatbelt sits low across the hips touching the thighs, not across the stomach
- Child can stay in this position for the whole trip
Most children cannot pass the 5-step test until they are around 10–12 years old.
Where should children sit in the car?
| Child's age | When they can sit in the front seat |
|---|---|
| Children under 4 years | Must sit in the back seat (if the car has one). |
| 4 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 recommended that they sit in the back as it is much safer for them. The injury risk for children 12 years and under is nearly double in the front seat compared to the back seat. 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 (for example, a ute or van)
Children can travel in the front seat if they are in a child restraint or booster seat that is:
- correct for their size, and
- installed according to the manufacturer’s instructions
A rear facing restraint cannot be used in the front seat where there is a passenger airbag.
Using child restraints in the front seat
| Child restraint | Guidelines for use in the front seat |
|---|---|
| Rear facing child restraint |
|
| Forward facing child restraints |
|
| Booster seats |
|
Children with disabilities or medical conditions
There are exemptions from the child restraint road rules for children with a disability or medical condition..
To receive an exemption, certain conditions must be met, including having a medical certificate.
You may need help deciding the safest way for your child to travel. A health professional, such as an occupational therapist, can assess your child’s needs and provide advice.
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 and Adults Ltd (MACA)
Taxis
In Victoria, taxi drivers do not have to provide child restraints or booster seats for customers. Taxis are exempt from rules that apply to private cars as shown in the table below.
We recommend taking your child’s restraint or booster seat with you.
| 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 seatbelt 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.
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 a child restraint, booster seat or adult seatbelt that is the correct one for their size and properly adjusted and fastened.
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 seatbelts 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.
Relevant legislation
The rules for child restraints are 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
Resources
Child restraints, booster seats and seatbelt readiness (PDF).
Right set, right fit, every trip fact sheet (PDF)
National Guidelines for the Safe Restraint of Children Travelling in Motor Vehicles