New Laws for Child Restraints

By Francesco Maconi

Many people use child restraints to protect their children while driving. A child restraint can be a capsule, child car seat or booster seat that secures a baby, infant or child while travelling in a vehicle.

The Queensland Government has recently introduced new laws to improve children’s safety by making child restrains compulsory.

From 11 March 2010 all children up to the age of seven must be secured by a child restraint. A child can stop using a child restraint only at the age of seven, or before turning seven if their eye-level reaches the top of their restraint.

The Government’s new laws are designed to give parents more clarity on how to restrain their children. They are also aimed at reducing the number of inappropriately-restrained children, who could suffer serious injuries in car accidents.

To enforce these new measures drivers can now be fined up to $300 and 3 demerit points for travelling without a child restraint or with an incorrectly installed restraint. These penalties apply for each unrestrained or incorrectly restrained child, so it’s important to comply with these new rules.
Parents should remember to use different child restraints, according to the age and size of their child.
Specific requirements are set out in the following table:-
Before buying a new restraint parents should be mindful that the restraint is properly certified. Only child restraints that comply with Australian Safety Standards AS1754 or AS/NZS1754 should be fitted into your vehicle. It’s also important to have your child restraint periodically checked. This can be done quite easily by someone at the RACQ, Queensland Ambulance Service or at Kidsafe Queensland.

Some exemptions to using child restrains do apply. If you believe your child has a medical condition and shouldn’t be restrained, you can obtain an Exemption Form from the Department of Transport and Main Roads. The form is valid for 12 months, it must be signed by a doctor and should be kept in the car at all times.
Another exemption applies to taxi drivers. Taxi drivers are not required to fit child restraints inside their vehicle. However, if the taxi does have a child restraint then the driver must place your child in the restraint.
Ultimately, it is your responsibility as a parent and a driver to make sure your children are safe. Please ensure everyone is securely fastened the next time you drive.

For more info please see:
QLD Government Information:– Child Restraints – Questions and Answers, Department of Transport and Main Roads (2010)
– New Queensland road rules and child restrain legislation,Queensland Government, (September 2009)
RACQ Information- – “Child Restraint Rules Change”, The Road Ahead, RACQ (Apr/May2010) at p 39
– General information at the RACQ website: www.racq.com.au/childseats