Questions about child restraints : VicRoads

Site Menu

Frequently Asked Questions

Please note: From 9 November 2009 there will be changes to the road safety rules. For more information visit New rules for using child restraints and booster seats.

Wearing a seat belt and using child restraints properly are very effective in preventing and/or reducing injury in a road crash.


Seat belts and child restraints must be properly fitted and adjusted to suit each person if you want them to provide maximum protection.

Answers to common questions about using child restraints

What’s the law?
Are child restraints effective?

Where is the safest place/seating position for a child to travel?
When can children sit in the front seat?
When is it ok for a baby to move into a forward facing car seat?
When is it ok for a toddler to move into a booster seat?
When can children come out of the booster and into an adult seat belt?

Can a restraint go in the front seat of van or utility?
Do we need a child restraint in a taxi?
Our child keeps getting out of his/her restraint. What can we do?
Can we use a child restraint from overseas or use a second-hand restraint?
What if a restraint is involved in a crash?
Must children wear seat belts on school buses?


What’s the law?

  • By law, you (the driver) are responsible for ensuring that passengers under the age of 16 are restrained correctly.
  • The restraint must be approved, match the child’s size and weight, be fitted correctly to the vehicle and adjusted to fit the child’s body. 


Are child restraints effective?

  • Child restraints help prevent injury in crashes. They must be properly fitted to the vehicle and adjusted to fit the child’s body if they are to provide maximum protection.
  • Each year in Victoria, children travelling in cars are needlessly killed or injured because they are unrestrained or not restrained correctly.
  • RACV research shows that about 70% of child restraints are not installed correctly. A child restraint that has not been fitted properly can result in serious injury or even the death of a child in a crash.
  • Child restraints need to be used when travelling at low speed or short distances because most crashes happen within 10 km of home.
  • Even if children travel in the back seat, they are not safe unless they are restrained.


Where is the safest place/seating position for a child to travel?
  • The back seat is safer than the front seat.
  • The middle position is safest. However do not use a lap belt if a lap sash belt is available.


When can children sit in the front seat?

  • While it is legal it is not safe nor is it recommended. The back seat offers far greater protection in a crash than the front seat so it is recommended that you fill the back seat first.
  • If children are big enough to use a lap/sash seat belt, use the back seat first.
  • If in a van/utility, use a properly constructed seat with a child restraint if appropriate, or seat belt.


When is it OK for a baby to move into a forward facing car seat?

  • Babies are safer if they are facing rearward, so keep them that way for as long as possible.
  • Once the baby weighs 8 kg to 12 kg, you can use a front-facing convertible restraint or a suitable child car seat but it is best to keep the baby rearward facing for as long as possible.
  • Weight is more important than length. If your baby is longer than the recommended length for the restraint but is too light, then keep them facing rearward.
  • The baby should be able to hold its head up for a reasonable length of time.


When is it OK for a toddler to move into a booster seat?

  • Toddlers are safer in a child car seat than a booster seat. So keep children in car seats as long as possible.
  • Toddlers can move to a booster seat when they out grow their child seat or weigh between 14 kg and 26 kg.
  • Wait till your toddler is old enough to understand not to touch the seat belt. Some two year olds are heavy enough to use a booster but not mature enough to leave the seat belt buckled up.


When can children come out of the booster and into an adult seat belt?

  • When they are 140-150 cm tall.
  • Once your child’s eyes are level with the top of the back seat or the child is 26 kg or over.
  • Lap/sash seat belts offer greater protection than lap belts, but they must fit correctly.
  • A seat belt fits correctly if the lap part is low over the pelvis (not the stomach) and the sash does not touch the child’s face or neck and all slack is removed.
  • If your child puts the seat belt sash under there arm or behind them you should return to using a booster seat that will position the lap and sash sections of the belt correctly.


Can a restraint go in the front seat of van or utility?

  • It is legal to fit a child restraint in the front of a utility or van provided there is a seat belt and a child restraint anchorage point available.
  • Restraint fitting stations can install a variety of devices that can ensure the safe operation of restraints in these sorts of vehicles.
  • If there is a passenger airbag in the seating position occupied by a child using a car seat, it is recommended that the seat be moved as far back as possible while still allowing correct seat belt fit.
  • If there is a passenger airbag in the seating position occupied by the child, you must not use a rearward facing infant restraint.


Do we need a child restraint in a taxi?

  • Children under one year do not have to use a child restraint in a taxi; children over one year must use a seat belt or child restraint (supplied by the passenger) in a taxi.
  • A restraint should be used wherever possible; use a child harness with children over 14 kg if it is difficult to carry a child restraint (such as when going to the airport or shopping).
  • It is not safe to put a child in a seat belt with you or nurse them on your lap.
  • A restraint is supplied by the passengers, not the taxi driver.
  • All taxis have to provide an anchor bolt or fitting for one restraint.


Top of Page


Our child keeps getting out of his/her restraint. What can we do?

  • Always wear your own seat belt, so your child will also expect to be restrained.
  • On long trips plan plenty of stops for children to stretch their legs.
  • Check that your child’s restraint is properly worn and comfortable before you start.
  • Be firm about restraint wearing even if your child resists. Your child’s safety is your responsibility.
  • There are securing devices. To discuss the options, call the Child Safety Shop, Royal Children’s Hospital, (03) 9345 5036.


Can we use a child restraint from overseas or use a second-hand restraint?

  • All child restraints must meet the requirements of the Australian Standard: AS 1754.
  • Restraints that meet overseas standards generally do not comply with the Australian Standard for child restraints.
  • Be aware that older restraints may be missing some parts, may be incompatible with newer vehicles, or could cause injury in a crash.
  • If there is no instruction manual for the child restraint, a Restraint Fitting Station can advise or fit the restraint for you.


What if a restraint is involved in a crash?

  • Do not use a restraint if it was being used when the car was involved in a serious crash (where someone was injured or the vehicle was written off).
  • The restraint should be destroyed and not resold or given away.



Must children wear seat belts on school buses?

  • If the bus has seatbelts, they must be used.
  • Only one seat belt must be used per person.


More information
For detailed information about selecting and fitting child restraints see:



Top of Page