Children's seatbelts and child restraints
Drivers are legally responsible for ensuring that children are suitably restrained in a vehicle.
| Age group | Restraint type | Seating position* |
|---|---|---|
|
0 – 6 months |
Rear-facing child restraint (e.g. infant capsule) |
Must not sit in the front row of seats if the vehicle has 2 or more rows of seats. |
|
6 months – under 4 years |
Rear or forward-facing child restraint with in-built harness |
Must not sit in the front row of seats if the vehicle has 2 or more rows of seats. |
|
4 – under 7 years |
Forward-facing child seat or booster seat with seatbelt or child safety harness |
Can only travel in the front seat if all other rear seats are filled with passengers aged under 7. |
|
7 – 16 years |
Suitable child seat or adult seatbelt |
Can sit in front or rear seats. |
*Seating positions are subject to any recommendations by the vehicle manufacturer. The vehicle owner’s manual should be reviewed to ensure manufacturers stipulations are met.
When riding in a bus or taxi, if there is no suitable approved child seat available, children under the age of 7 years must not be in the front row of seats where the bus or taxi has 2 or more rows of seats.
Drivers are legally responsible for ensuring children are properly restrained. Failing to do so could result in a fine and the loss of demerit points.
The Road Traffic Code 2000-Part 16-Division 2-r.235(5) states that there shouldn’t be “…more passengers in a motor vehicle than there are seating positions.”
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 (WA), read IB-118IL: Fitting Child Car Restraints (Information Bulletin) PDF.
Type 2 child restraint fitting stations
Locate a metropolitan or regional Type 2 child restraint fitting station.
Heavy vehicles, upgrading to seats with built-in seatbelts
Research has found 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 National Heavy Regulator website for Vehicle Standards Bulletin VSB 6 - Heavy vehicle modifications.
Installing additional seats and seatbelts
Additional seats may be installed in vehicles if they are offered as an option by the manufacturer. If a seatbelt is fitted to one of these seats, it must comply with Australian Standards and be anchored in a way that is clearly comparable to the original seatbelt fittings in the vehicle.
For more information refer to 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.
Riding in the back of vehicles
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’re 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.
Riding as a pillion passenger
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
- be able to keep their feet on the footrests
- in the case of a sidecar, be confined within the sidecar.
Of note:
- the number of pillion passengers mustn’t exceed the number of seats designed to carry them
- both the rider and any pillion passenger must wear an approved safety helmet.
Pillion passengers unfamiliar with motorcycles may behave unpredictably. It's best to advise them to relax, hold onto the grab rail or your waist, and follow your movements when leaning.
Motorcycles aren’t built to carry heavy loads. Check your motorcycle manual for the maximum weight it can safely carry, including both rider and passenger.
Seatbelt repairs
It is illegal and unsafe to use a seatbelt that is:
- worn
- frayed
- faded
- damaged/malfunctioning.
All such seatbelts must be replaced with new ones that:
- match the original
- comply with Australian Standards Association requirements
- are not second hand.
For more information on seatbelt repairs, including a list of organisations that are authorised to carry our seatbelt repairs, refer to the following information bulletins:
Information for seatbelt repairers
The guidelines for seatbelt repairers provide information on:
- audits
- how to apply to become a seatbelt repairer
- technical requirements.
Seatbelt rules
Who must wear a seatbelt?
By law, all drivers and passengers must wear seatbelts when they are fitted in the vehicle.
Seatbelts are designed for individual use only - anything more than that is both unsafe and illegal.
They must be worn on every journey, regardless of distance. Many crashes happen close to home, so even a quick trip to the local shops requires proper seatbelt use.
Bus, taxi and small charter vehicle (omnibus) drivers
By law, taxi and omnibus drivers must ensure that children aged between 1-7 years old 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:
| Age group | Restraint type | Seating position* |
|---|---|---|
|
0 – 6 months* |
Rear-facing child restraint (e.g. infant capsule) |
Must not sit in the front row of seats if the vehicle has 2 or more rows of seats. |
|
6 months – under 4 years* |
Rear or forward-facing child restraint with in-built harness |
Must not sit in the front row of seats if the vehicle has 2 or more rows of seats. |
|
4 – under 7 years* |
Forward-facing child seat or booster seat with seatbelt or child safety harness |
Can only travel in the front seat if all other rear seats are filled with passengers aged under 7. |
|
7 – 16 years |
Suitable child seat or adult seatbelt |
Can sit in front or rear seats. |
*Road Traffic Code 2000-Part 16-Division 2-r.234(13) states “The driver of a passenger transport vehicle is exempt from sub regulations (2) children aged 0 - 6 months, (3) children aged 6 months - under 4 years, and (4) Children aged 4 – under 7 years of age, in relation to a passenger if — (a) there is no suitable child restraint available in the vehicle for the passenger; and (b) the passenger is not in the front row of seats if the vehicle has 2 or more rows of seats.”
Who doesn't have to wear a seatbelt?
Legally, you don’t 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 on 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 1 row of seats.
For information on child restraint and seatbelt laws, as well additional seatbelt exemptions refer to: