Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The driver of a motor vehicle (except a bus or motorbike) that is moving, or is stationary but not parked, must ensure that this section is complied with for each passenger in or on the vehicle who is under 16 years old.
Maximum penalty: 20 penalty units.
(2) If the passenger is less than 6 months old, the passenger must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint.
(2A) If the passenger is 6 months old or older, but is less than 4 years old, the passenger must be restrained in a suitable and properly fastened and adjusted—
(a) rearward facing approved child restraint; or
(b) forward facing approved child restraint that has an inbuilt harness.
(2B) If the passenger is 4 years old or older, but is less than 7 years old, the passenger must—
(a) be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or
(b) be placed on a properly positioned approved booster seat and be restrained by either a suitable lap and sash type approved seatbelt that is properly adjusted and fastened, or by a suitable approved child safety harness that is properly adjusted and fastened; or
(c) if the passenger is seated in a seating position in a part of the vehicle that is designed primarily for the carriage of goods—
(i) be restrained by a suitable lap and sash type seatbelt that is properly adjusted and fastened; or
(ii) have the midsection of the passenger's body restrained by a suitable lap type seatbelt that is properly adjusted and fastened, and have the passenger's upper body restrained by an approved child safety harness that is properly adjusted and fastened.
(2C) A passenger does not have to comply with subsections (2) to (2B) if—
(a) the driver is carrying a medical certificate that states a medical practitioner believes the passenger should not be restrained in any of the ways described in those subsections because of a medical condition or disability that the passenger has; and
(b) the passenger is properly restrained in a child restraint that has been designed for, and is suitable for use by, the passenger or a person with the same medical condition or disability as the passenger; and
(c) the driver is complying with any conditions stated in the medical certificate.
(2D) However, the passenger is exempt under subsection (2C) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.
(3) A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats.
(3A) A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless in the row or rows behind the front row—
(a) all of the other seats are occupied by passengers who are also less than 7 years old; or
(b) there is no empty seating position in which the passenger can sit in accordance with this section.
Example
This subsection would permit a 6 year old to sit in the front row of a vehicle that has 2 rows of seats if 2 occupied approved child restraints in the back row encroached on an empty seating position between them in a way that made it impossible for another approved child restraint or booster seat to be placed in that position.
(3B) The driver does not have to comply with subsection (3) or (3A) if—
(a) the driver is carrying a medical certificate that states a medical practitioner believes the passenger should be in the front row of the vehicle because of a medical condition that the passenger has; and
(b) the driver is complying with any conditions stated in the medical certificate.
(3C) However, the driver is exempt under subsection (3B) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.
(4) If the passenger is 7 years old or older but under 16 years old—
(a) the passenger must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or
(b) the passenger—
(i) must occupy a seating position that is fitted with a suitable approved seatbelt; and
(ii) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under section 267); and
(iii) must wear the seatbelt properly adjusted and fastened.
(4A) Subsections (2) to (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under section 267.
(4B) If a passenger cannot safely be restrained as required by subsection (2) because of their height or weight, the passenger must be restrained as if subsection (2A) applied to them.
(4C) If a passenger cannot safely be restrained as required by subsection (2A) or (4B) because of their height or weight, the passenger must be restrained as if subsection (2B) applied to them.
(4D) If a passenger cannot safely be restrained as required by subsection (2B) or (4C) because of their height or weight, the passenger must be restrained as if subsection (4) applied to them.
(4E) In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subsection (2B) (b) or (4) (b) (iii) if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger.
(5) The driver of a public minibus, taxi or hire car is exempt from subsections (2) to (2B) in relation to a passenger if—
(a) there is no suitable approved child restraint available in the minibus, taxi or hire car for the passenger; and
(b) if the minibus, taxi or hire car has 2 or more rows of seats—the passenger is not in the front row of seats.
(5A) If the exemption set out in subsection (5) applies to a driver in relation to a passenger who is 1 year old or older, but less than 7 years old, and who is not exempt from wearing a seatbelt under section 267, the passenger must wear an approved seatbelt that is properly adjusted and fastened to the best extent that is possible given the height and weight of the passenger.
(5B) The driver of a public minibus, taxi, hire car or tow truck is exempt from subsections (2) and (2A) in relation to a passenger who is under 1 year old if no suitable approved child restraint is fitted and available for use and the public minibus, taxi, hire car or tow truck has 2 or more rows of seats and the passenger is not in the front row of seats and—
(a) the passenger under 1 year old is seated in the lap of a passenger who is 16 years old or older; and
(b) in the case of a tow truck, the passenger under 1 year old is being transported from a location where the vehicle that the passenger was travelling in is being towed by the tow truck where it is necessary to tow the vehicle because the vehicle has broken down or has been involved in a crash.
(5C) This section does not apply to the driver of a corrections vehicle, youth detention vehicle or sheriff's vehicle.
(6) For this section—
(a) an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and
(b) an approved child restraint or approved seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger.
(6A) For this section, a child restraint that is properly fastened and adjusted—
(a) is forward facing if, once it restrains a passenger, their head is closer to the rear of the vehicle than their feet; or
(b) is rearward facing if, once it restrains a passenger, their feet are closer to the rear of the vehicle than their head.
(7) In this section:
"approved booster seat" means a booster seat approved by the road transport authority under the Road Transport (Safety and Traffic Management) Regulation 2017 , section 73 (1) (b) (Approval etc by road transport authority).
"approved child safety harness "means a child safety harness approved by the road transport authority under the Road Transport (Safety and Traffic Management) Regulation 2017 , section 73 (1) (d).