Traffic Regulations, Schedule 3 - Australian Road Rules 1999

(1) The driver of a motor vehicle (except a bus or motor bike) that is moving, or is stationary but not parked, must ensure that this rule is complied with for each passenger in or on the vehicle who is under 16 years old.

Offence provision.

Note

Bus, motor bike, motor vehicle and park are defined in the dictionary.

(2) If the passenger is less than 6 months old, he or she must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint.

Notes

1 Approved child restraint is defined in subrule (7) and rearward facing is defined in subrule (6A).

2 See subrule (4B) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.

(2A) If the passenger is 6 months old or older, but is less than 4 years old, he or she must be restrained in a suitable and properly fastened and adjusted:

(b) forward facing approved child restraint that has an inbuilt harness.

Notes

1 Approved child restraint is defined in subrule (7) and forward facing and rearward facing are defined in subrule (6A).

2 See subrule (4C) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.

(2B) If the passenger is 4 years old or older, but is less than 7 years old, the passenger must:

(a) be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or

(b) be placed on a properly positioned approved booster seat and be restrained by either a suitable lap and sash type approved seatbelt that is properly adjusted and fastened, or by a suitable approved child safety harness that is properly adjusted and fastened; or

(c) if the passenger is seated in a seating position in a part of the vehicle that is designed primarily for the carriage of goods:

(i) be restrained by a suitable lap and sash type seatbelt that is properly adjusted and fastened; or

(ii) have the midsection of the passenger's body restrained by a suitable lap type seatbelt that is properly adjusted and fastened, and have the passenger's upper body restrained by an approved child safety harness that is properly adjusted and fastened.

Notes

1 Approved booster seat, approved child restraint and approved child safety harness are defined in subrule (7), approved seatbelt is defined in the dictionary and forward facing is defined in subrule (6A).

2 See subrule (4D) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.

3 In relation to paragraph (b), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.

4 In relation to paragraph (c), under rule 268(2), a person may only occupy a seating position in a part of a vehicle that is designed primarily for the carriage of goods if that position is suitable for the size and weight of the person.

(2C) The driver does not have to ensure subrule (2), (2A) or (2B) is complied with for a passenger if:

(a) the driver is carrying a medical certificate that states a medical practitioner believes the passenger should not be restrained in any of the ways described in those subrules because of a medical condition or disability that the passenger has; and

(b) the passenger is properly restrained in a child restraint that has been designed for, and is suitable for use by, the passenger or a person with the same medical condition or disability as the passenger; and

(c) the driver is complying with any conditions stated in the medical certificate; and

(d) no other law of this jurisdiction states that this subrule does not apply.

Note

Medical certificate and medical practitioner are defined in the dictionary.

(2D) However, the driver is exempt under subrule (2C) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.

Note

Authorised person and police officer are defined in the dictionary.

(3) A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats.

(3A) A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless in the row or rows behind the front row:

(a) all of the other seats are occupied by passengers who are also less than 7 years old; or

(b) there is no empty seating position in which the passenger can sit in accordance with this rule.

Example

This subrule would permit a 6 year old to sit in the front row of a vehicle that has 2 rows of seats if 2 occupied approved child restraints in the back row encroached on an empty seating position between them in a way that made it impossible for another approved child restraint or booster seat to be placed in that position.

(a) the driver is carrying a medical certificate that states a medical practitioner believes the passenger should be in the front row of the vehicle because of a medical condition or disability that the passenger has; and

(b) the driver is complying with any conditions stated in the medical certificate; and

(c) no other law of this jurisdiction states that this subrule does not apply.

Note

Medical certificate and medical practitioner are defined in the dictionary.

(3C) However, the driver is exempt under subrule (3B) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.

Note

Authorised person and police officer are defined in the dictionary.

(a) he or she must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or

(i) must occupy a seating position that is fitted with a suitable seatbelt; and

(ii) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and

Note

In relation to paragraph (b)(iii), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.

(4A) Subrules (2), (2A), (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under rule 267.

(4B) If a passenger cannot safely be restrained as required by subrule (2) because of his or her height or weight, he or she must be restrained as if subrule (2A) applied to him or her.

(4C) If a passenger cannot safely be restrained as required by subrule (2A) or (4B) because of his or her height or weight, he or she must be restrained as if subrule (2B) applied to him or her.

(4D) If a passenger cannot safely be restrained as required by subrule (2B) or (4C) because of his or her height or weight, he or she must be restrained as if subrule (4) applied to him or her.

(4E) In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subrule (2B)(b) or (4)(b)(iii), as the case may be, if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger.

Note

Approved child safety harness is defined in subrule (7).

(5) The driver of a public minibus or taxi is exempt from subrules (2), (2A) and (2B) in relation to a passenger if:

(a) there is no suitable approved child restraint available in the minibus or taxi for the passenger; and

(b) if the minibus or taxi has 2 or more rows of seats – the passenger is not in the front row of seats; and

(c) there is not another law of this jurisdiction requiring all passengers in a minibus or taxi who are the same age as the passenger to be restrained in an approved child restraint.

Notes

1 Public minibus and taxi are defined in the dictionary.

2 Despite the exemption provided by this subrule, in order to comply with subrule (5A) the driver of a taxi or public minibus must ensure that passengers who are 1 year old or older, but less than 7 years old, wear an approved seatbelt.

(5A) If the exemption set out in subrule (5) applies to a driver in relation to a passenger who is 1 year old or older, but less than 7 years old, and who is not exempt from wearing a seatbelt under rule 267, the passenger must wear an approved seatbelt that is properly adjusted and fastened to the best extent that is possible given the height and weight of the passenger.

(5B) The driver of a public minibus, taxi or tow truck is exempt from subrules (2) and (2A) in relation to a passenger who is under 1 year old if no suitable approved child restraint is fitted and available for use and the public minibus, taxi or tow truck has 2 or more rows of seats and the passenger is not in the front row of seats and:

(a) the passenger under 1 year old is seated in the lap of a passenger who is 16 years old or older; and

(b) in the case of a tow truck, the passenger under 1 year old is being transported from a location where the vehicle that the passenger was travelling in is being towed by the tow truck if it is necessary to tow the vehicle because the vehicle has broken down or has been involved in a crash.

(5C) This rule does not apply to the driver of a correctional vehicle, juvenile justice vehicle or sheriff's vehicle.

Note

Correctional vehicle, juvenile justice vehicle and sheriff's vehicle are defined in the dictionary.

(a) an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and

(b) an approved child restraint or seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger.

(6A) For this rule, a child restraint that is properly fastened and adjusted:

(a) is forward facing if, once it restrains a passenger, his or her head is closer to the rear of the vehicle than his or her feet;

(b) is rearward facing if, once it restrains a passenger, his or her feet are closer to the rear of the vehicle than his or her head.

approved booster seat means a booster seat approved, for the Australian Road Rules, under another law of this jurisdiction.

approved child restraint means a child restraint approved, for the Australian Road Rules, under another law of this jurisdiction.

approved child safety harness means a child safety harness approved, for the Australian Road Rules, under another law of this jurisdiction.

Note

The application of this rule is modified by regulation 86A of the Traffic Regulations 1999.