When driving with children up to 7 years of age, you must ensure they are restrained in a properly fastened and adjusted Australian Standard (AS) approved child restraint. Driving includes when the vehicle is moving or stationary (for example, when stopped at traffic lights), but not when parked. Only child restraints that carry the AS sticker have been tested and approved as meeting standard AS/NZS 1754.
Child restraint rules also apply when driving a rental vehicle in Queensland.
Child restraints purchased overseas must not be used in Queensland unless they comply with AS/NZS 1754.
We recommend you use a child restraint that is less than 10 years old. The restraint will have a sticker showing approval and a date stamp for when the restraint was manufactured.
Don't use a child restraint that has been in a crash. If you use a second-hand child restraint, get a copy of the manufacturer's instructions, so you understand how to use it safely.
In addition to the safety risks, if a child is not in an approved child restraint that is properly fastened and adjusted, you may be fined $1,161 and incur 4 demerit points for each child that is not properly restrained.
Double demerit points apply for second or subsequent child restraint or seatbelt offences committed within 1 year after an earlier offence.
The type of child restraint you install will depend mainly on the child's age, but you may need to consider the child's size as well.
Babies up to 6 months of age must be in an approved rear-facing restraint that is properly fastened and adjusted. We recommend babies stay in a rear-facing restraint for as long as their size allows.
Babies and children from 6 months to 4 years must be in an approved child restraint that is properly fastened and adjusted. The child restraint may be rear-facing or forward-facing with a built-in harness. We recommend babies and children stay in a rear-facing restraint for as long as their size allows.
Children aged 4 years and up to 7 years must be in an approved child restraint that is either:
We recommend that children remain in a forward-facing restraint with built-in harness for as long as their size allows before progressing to a booster seat.
Children who are 7 years and over may sit in a standard seat with an adult seatbelt, or an approved booster seat secured with an adult lap-sash seatbelt. They may also remain in an approved child restraint that is forward-facing with a built-in harness that is properly fastened and adjusted.
It is recommended that they stay in their child restraint for as long as their size allows and not move to an adult seat until they meet all parts of the 5-step test.
The 5-step test
Before progressing from booster seat to normal car seat, ensure the child passes all of the questions in the 5-step test:
Since 2011, all approved child restraints will have markings on the seat that show the upper and lower seated shoulder height of the child.
You can move your child to the next type of restraint when their seated shoulder height is above the top mark on the restraint.
Always read and follow the manufacturer's instructions when installing a child restraint. Check your vehicle owner's manual to find where the anchor points are located in your car.
Kidsafe Queensland offers child restraint installation services. Contact them for a quote.
Check your vehicle owner's manual to find where the anchor points are located. If you don't have the owner's manual, check your vehicle manufacturer's website or contact your vehicle manufacturer for help.
It is important not to confuse luggage fixing points with child restraint anchor points.
Find an approved person in your local area qualified to install anchor points in your vehicle (code LK6).
Child restraints are not required on buses, trains or personalised transport services such as taxi, limousine and ride-booking services. A bus is a motor vehicle that can carry 13 or more people (including the driver).
Although child restraints are not required in personalised transport services, if you give enough notice you may be able to pre-book these services with a child restraint. Alternatively you can use your own child restraint.
If a child restraint is in the vehicle, the driver is responsible for ensuring the child is properly restrained.
Children less than 1 year old can be held on the lap of someone 16 years or older. Children more than 1 year old and less than 7 years old can be restrained using a seat belt (but must not sit in the front seat if the vehicle has 2 or more rows of seats).
Child restraint exemptions do not apply to rental vehicles.
If your child has a temporary medical condition or a physical disability that prevents them from using a compliant child restraint or seatbelt, you should discuss this with your doctor. The doctor may provide a certificate advising that your child is unable to use a child restraint or seatbelt due to their medical condition and provide instruction for how they should be safely transported in a vehicle. This certificate may only be issued for a maximum of 12 months. Any driver who has your child as a passenger must carry this certificate and provide it to the police if asked.
If your child has a disability or medical condition and cannot be safely restrained under the Australian Standard - AS/NZS 1754, you may be prescribed a restraint under the AS/NZS 4370 Restraint of children with disabilities, or medical conditions, in motor vehicles.
The AS/NZS 4370 provides a safe restraint guide for children with disabilities and/or medical conditions who are required to use modified approved child car seats, imported speciality seats, postural harnesses, behavioural harnesses, or harnesses allowing children to lie across the back seat to travel safely in a vehicle.
To use a restraint approved under AS/NZS 4370, you will need to obtain a prescriber's certificate. A prescriber's certificate may be issued by a medical practitioner (general practitioner or specialist), occupational therapist, psychologist, physiotherapist or biomedical engineer. A prescriber's certificate may be issued for up to 7 years. A 12 month review will be required.
The prescriber should provide the following details on the certificate:
Once you have the prescriber's certificate, you may have the restraint fitted in your vehicle and transport your child as instructed. You must carry the prescriber's certificate in the vehicle with the child and be able to present it to a police officer on request. An example of a prescriber's certificate may be found under appendix B in the AS/NZS 4370.
If you have any concerns with fitting the restraint or finding a suitable restraint installer Kidsafe Queensland offers child restraint installation services for children with medical conditions or disabilities. You may wish to contact them for a quote.
The rules for restraining a child in compliance with AS/NZS 4370 are specific to Queensland. If you are using this method to restrain your child in a vehicle and intend to travel interstate, you should enquire with the interstate jurisdiction(s) as to the legal requirements to restrain your child when driving in their state or territory.
Under the AS/NZS 4370 Restraint of children with disabilities, or medical conditions, in motor vehicles, a prescriber may assess the need and recommend the most suitable option for restraining a child with one or more disabilities or a medical condition while travelling in a motor vehicle.
As a prescriber, you will be required to complete a prescriber’s certificate which will be used by the parent to fit the restraint in their vehicle and transport their child.
You may purchase a copy of the AS/NZS 4370 Restraint of children with disabilities, or medical condition, in motor vehicles by contacting SAI Global InfoStore, by phone on 131 242, by email: sales@saiglobal.com.au or by their website.
If a child is under 7 years and has a disability or medical condition that prevents them from safely travelling in a rear or middle row of seats in your vehicle, a parent or guardian may obtain an exemption from complying with the road rules by getting a certificate from a health professional to verify this. A health professional may be a medical doctor (general practitioner or specialist), occupational therapist or physiotherapist. The certificate must have an issue and expiry date and state how the child should travel or be restrained in the vehicle. When transporting the child, the driver of the vehicle must carry the certificate and be able to present it to a police officer on request.
The necessity to require a child under 4 years to travel in the front seat of a vehicle that has 2 or more rows of seats is a very rare occurrence. Therefore, the health professional’s certificate should not be issued until the specific circumstances applying to the child have been considered and all other reasonable alternatives have also been considered.
Child restraints, 23 Apr 2024, [https://www.qld.gov.au/transport/safety/rules/children]
This document is uncontrolled when printed. Before using the information in this document you should verify the current content on https://www.qld.gov.au/transport/safety/rules/children.