Seats and seatbelts

Drivers are legally responsible for ensuring that children are suitably restrained in a vehicle:

• Aged 0 to 6 months are restrained in a rear-facing child restraint (e.g. infant capsule).
• Aged 6 months to under 4 years are restrained in either a rear or forward-facing child restraint with in-built harness.
• Aged 4 years to under 7 years seated in either a forward-facing child seat or booster seat restrained by a fastened seatbelt or child safety harness.
• Aged 7 years to 16 years are either in a suitable child seat or a seatbelt.
• Aged under 7 years must not be in the front row of seats if the vehicle has two or more rows of seats.
• Aged between 4 years and 7 years can travel in the front seat if all other rear seats are filled with passengers aged under 7.
• When riding in a bus or taxi, if there is no suitable approved child seat available, children under the age of seven years must not be in the front row of seats where the bus or taxi has two or more rows of seats.
• Children seven years and over can be restrained in an adult seatbelt or booster seats.

If a child is not wearing a seatbelt or a suitable child restraint as required by the law, then the driver risks being fined and incurring demerit points. You must not drive your vehicle with unrestrained children in it if there are positions with seatbelts available.

Before you buy or install a child restraint, make sure it complies with Australian Standards.

For more information about fitting child restraints and the Road Safety Council's network of Child Car Restraint Fitters in Western Australia, read our Child Restraint information bulletin.

Current statistics and research confirm that drivers of heavy vehicles have very low seatbelt wearing rates. One of the major reasons for this is the sash-shoulder rubbing problem, known as racking down, which can cause drivers considerable discomfort.

Seats fitted with integrated lap-sash seatbelts (Belt-in-seat or 'BIS' configuration) provide the safest seatbelt combination and ensure that the sash-shoulder rubbing problem is largely eliminated, the discomfort issues can be significantly reduced by installing the seatbelts on the suspension seat itself.

In an effort to encourage owners/operators to replace their cab-anchored seatbelts with suspension seats with integrated seatbelts, a scheme has been set up to minimise both the costs and bureaucracy involved in having BIS approvals processed.

For more information refer to the following Commonwealth Vehicle Standards Bulletin (VSB):

• Vehicle Standards Bulletin VSB 6 - Heavy vehicle modifications.

You may download VSB 6 information from the Department of Infrastructure, Transport, Regional Development and Communications website.

Additional seats may be fitted to all vehicles where they are a manufacturer's option. Where a seatbelt is fitted to an additional seat it must conform to Australian Standards and must have an anchorage visibly comparable to those originally fitted to the vehicle.

For more information on the manufacture and installation of additional seats refer to the following Commonwealth Vehicle Standards Bulletins (VSBs):

• VSB 5A - Commercial manufacture and installation of additional seats.
• VSB 5B - Construction and installation of additional seats by individuals.

You can download the Vehicle Safety Bulletins from the Department of Infrastructure, Transport, Regional Development, Communications, and the Arts website.

It is illegal to ride in the back of a panel van, station wagon, utility or other open load vehicle, even if it has a roll-over protection device fitted.

If you are travelling in the open load space of a utility or in the back of a panel van or station wagon you face a greater risk of serious injury or death, particularly if there is a crash or if you fall out of the vehicle.

A person occupying the seat of a motorcycle; moped or motor carrier located behind the rider’s seat is referred to as a pillion passenger. In WA a pillion passenger must be at least 8 years old and be able to keep their feet on the footrests or in the case of a side car, confined within the sidecar.

The number of passengers carried cannot exceed the number of seats designed to carry passengers.

You and any passenger must wear an approved safety helmet.

Pillion passengers who are not used to being on a motorcycle may act unpredictably. Therefore, it is advisable to instruct your passenger to relax, hold onto the grab rail or your waist and follow your lead when leaning.

Motorcycles are not designed to carry large loads. Your motorcycle manual will give you a total weight your vehicle is designed to carry, including rider and pillion.

Overhanging loads

In the case of a light vehicle such as a ute, the load and equipment on the vehicle must not project more than 1.2 m in front of the vehicle or 1.2 m to the rear of the vehicle. The load and equipment on the side of the vehicle, other than rear vision mirrors and approved signalling devices, must not project more than 150 mm.

Where a projecting load is not readily visible, the driver must mark the end of the load or equipment with a brightly coloured flag or piece of material, with each side at least 300 mm long, so that it is clearly visible to other drivers. At night, the driver must fit to the extreme rear end of the load or equipment, a clear red light, visible at a distance of 200 m.

Load restraints

It is an offence if your load is not properly restrained and is at risk of falling from your vehicle. Load restraints should meet the performance standards detailed in the Load Restraint Guide on the National Transport Commission (NTC) website.

For more information, read about:

It is both illegal and unsafe to have a worn, frayed, faded or damaged seatbelt. You must have a worn, frayed, faded or damaged seatbelt replaced.

Replacement seatbelts may be fitted where they are the same format as the original and comply with the Australian Standards Association requirements, which are amended from time to time. Any replacement belt must be new (second-hand belts are not permitted to be used).

For more information on seatbelt repairs, including a list of organisations that are authorised to carry our seatbelt repairs, refer to the information bulletins below.

Information for seatbelt repairers

The guidelines for seatbelt repairers below provide information on:

• Audits.
• How to apply to become a seatbelt repairer.
• Technical requirements.

Who must wear a seatbelt?

By law, all drivers and passengers must wear seatbelts if they are fitted in the vehicle. Seat belts are designed to be used by only one person at a time. Doubling up, fastening a seatbelt around two people is both illegal and unsafe.

Seatbelts must be worn on every trip, long or short.

Many crashes occur within a short distance of the driver's home. Even if you are just going to the local shops, you must wear your seatbelt.

Bus, taxi and small charter vehicle (omnibus) drivers

By law, taxi and omnibus drivers must ensure that children aged between 1 and 7 are restrained in standard seatbelts that are properly adjusted and securely fastened to the best extent possible given the height and weight of the passengers.

The law requires that children:

• Aged 0 to 6 months are restrained in a rear-facing child restraint (e.g. infant capsule).
• Aged 6 months to under 4 years are restrained in either a rear or forward-facing child restraint with in-built harness.
• Aged 4 years to under 7 years seated in either a forward-facing child seat or booster seat restrained by a fastened seatbelt or child safety harness.
• Aged 7 years to 16 years are either in a suitable child seat or a seatbelt.
• Aged under 7 years must not be in the front row of seats if the vehicle has two or more rows of seats.
• Aged between 4 years and 7 years can travel in the front seat if all other rear seats are filled with passengers aged under 7.
• When riding in a bus or taxi, if there is no suitable approved child seat available, children under the age of seven years must not be in the front row of seats where the bus or taxi has two or more rows of seats.
• Children seven years and over can be restrained in an adult seatbelt or booster seats.

For information on child restraint laws and additional seatbelt laws refer to;

• Road Safety Commission.
• Roadwise website.

Who does not have to wear a seatbelt?

Legally, you do not have to wear a seatbelt if you are:

• The driver of a vehicle travelling in reverse.
• In possession of a current medical certificate authorising exemption.
• Doing work which requires getting in and out of the vehicle frequently, and the vehicle does not travel faster than 25 km/h.
• Under the age of 12 months and in a taxi if there is no suitable child restraint available.
• A taxi driver carrying passengers after dark.
• Pregnant with a current medical certificate exemption.

Note: A passenger in a taxi, bus, omnibus or tow truck who is over 16 years of age may hold a child who is under 1 year of age in their lap if there is no suitable child restraint available for the child and the passenger is not in the front row of seats if the vehicle has more than one row of seats.