Queensland seat belt and child restraint laws
In Queensland, it’s the driver’s responsibility to ensure that seat belts and child restraints are correctly used.
- Significant fines and licence demerit points apply to the driver if they fail to do so.
- Passengers 16 years or older can also be fined for not wearing a seat belt.
- All persons travelling in a vehicle fitted with seat belts must be appropriately restrained unless exempted under Section 267 of TORUM Road Rules.
- But children under the age of seven must be restrained with an approved device in all vehicles, unless it is a taxi, booked hire vehicle (such as Uber) where no restraint device is available, or a bus with 13 or more seats.
- If you carry children under seven years of age in any vehicle (except a taxi, booked hire vehicle, or bus with 13 or more seats) appropriate restraints and anchorages must be provided and used.
- Drivers of vehicles, including vintage and classic cars, that do not have, and are not required to have seat belts and anchor points are NOT exempt from these requirements and must not carry children under the age of seven unless they are properly restrained.
Child Restraints in taxis and buses
In Queensland you are not required to provide a child restraint for use in a taxi or booked hire vehicle but it is good practice to do so.
- Taxis and booked hire vehicles are required to provide a child restraint anchor point but not the restraint.
- Children under the age of 12 months can be seated on the lap of a person 16 years or older but must not share the seatbelt.
- Where no restraint is available we strongly recommend that all children travelling in taxis or booked hire vehicles be restrained, at least by an adult seat belt.
- Buses with 13 or more seats are not required to be fitted with seat belts and child restraint anchors. However, where seat belts are provided they will offer some protection and should be used.
When can children travel in the front seat?
- Children under the age of seven must not sit in the front seat of any vehicle, including a taxi, that has two or more rows of seats unless all the other seats in the row or rows behind the front seat are occupied by children who are also under the age of seven.
- This applies even when the front seat is the only position fitted with a seat belt.
Identifying approved restraints
Only restraints that have been manufactured and tested to the requirements of Australian / New Zealand Standard 1754 can be legally used in Australia. Approved devices will carry the Australian Standards mark. If the restraint you have doesn't have this mark it can’t be legally used here.
Using a second-hand restraint
There is no legislation to prevent the use of a second-hand restraint. However, RACQ does not recommend the use of second-hand restraints as their history is unknown and it can be difficult to judge their condition.
All restraints sold for use in Australia will carry a date mark. We strongly recommend against the use of a restraint that is more than 10 years old. If in doubt about where to find the date mark or how to interpret it, contact the restraint manufacturer.
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