FREQUENTLY ASKED QUESTIONS

What am I legally required to do?

WA Law requires drivers to ensure all children up to 16 years of age travelling in their motor vehicle are restrained in an approved child restraint or seat belt. Children under one year of age must be restrained in an Australian Standard (AS/NZS1754) child car restraint, suitable for the child’s size and weight when travelling in a motor vehicle. The child restraint must be properly adjusted and securely fastened to the child using the restraint at all times.

The driver is responsible for ensuring all passengers are restrained, regardless of age!

A fine of $500 for 1 person unrestrained and an additional $100 per additional unrestrained passenger and the loss FOUR DEMERIT POINTS is the current penalty!

Exemptions: Taxis, vintage cars and public transport buses are exempt from child restraint legislation. This does not mean you are safe.

Are the laws or standards changing?

The 7th Amendment to the National Road Rules were agreed on nationally in January 2008, however to be effective and enforceable they need to be adopted into State or Territory legislation. The WA Government is currently working towrds implementation of the new legislation, expected to be adopted in early 2010. 

Are your ready for the changes to the child restraint laws?

A summary of the proposed changes are:

• Children up to 6 months must be in rear facing restraint
• Children up to 4 years must be in a restraint with an internal 5 point harness
• Children 4 to 7 years must be in booster seat
• Children under 4 not permitted in front seat & under 7 not permitted in front seat unless all rear seats are occupied by children less than 4yrs
• There will be exemptions for children outside weight / size guidelines for existing restraints

What are the Australian Standards?

All child restraints sold in Australia must meet the strict requirements of AS/NZS1754 which sets the minimum requirements for materials, design, construction, performance, testing and labelling of child restraint systems. Restraints bought in other countries will not meet the Australian Standard - it is illegal to use them in Australia.

The symbol to the right certifies that the restraint fully meets the Australian Standard.

Can my child sit in the front passenger seat?

Research clearly demonstrates that persons travelling in the front passenger seat of a motor vehicle are at significantly greater risk of severe injury and/or death in the event of a crash. Children may legally ride in the front of a motor vehicle if they are correctly restrained; however Kidsafe WA does not recommend children under the age of 10-12 years sit in the front seat, especially where there is a passenger airbag fitted.

Where do I fit my child car restraint?

Kidsafe WA and other road safety experts recommend that children travel in the rear centre position as the preferred option. This position offers the greatest protection, particularly in side impacts.

 

A child restraint or safety harness may not be able to be placed in the centre rear seat position due to:

• The rear seat folds down in a 50/50 split
• The seat has a raised centre hump or excessive contouring
• The driver’s seat cannot be positioned to allow the driver to safely operate the vehicle without the seatback putting pressure on a rearward child restraint.
• There is no centre anchorage point

In these cases, the rear left passenger position is the most suitable option as this is usually the off-road/footpath side of the car.

What do I do if I am involved in a car crash?

If a child car restraint has been involved in a severe crash where the main body structure of the car is damaged. The child restraint should be destroyed even if there is no obvious damage and the child wasn’t using the restraint at the time. Inform your car insurer of the type and number of child restraints used in your vehicle as many insurers will assist with the cost of replacing your child’s seat.

My child car restraint is ten years old, can I use it?

Child car restraints more than ten years of age are not recommended for use because:

• Restraints older than ten years may not perform as they were originally intended
• Australian Standards are reviewed periodically. The most recent reviews were in 1995, 2000 & 2004. Older restraints will not meet new improved design features.

What about Second Hand Restraints?

It is illegal to sell any restraint that does not comply with AS/NZS 1754 (1995, 2000 or 2004 revisions). Before using a second hand child car restraint check for an Australian Standards Sticker (AS/NZS1754), date of manufacture and the history of the restraint. A checklist for second hand restraints can be found on the Kidsafe WA Child Car Restraints Fact Sheet.

---

For more information download a copy of the following publications:

• Kidsafe WA Child Car Restraints April 2007
• A Simple Guide to Child Car Restraints
• Smart Steps - Your Guide to Child Car Restraints