Car Seat Safety
Car Seat Laws and Best Practice (Au Standards)
Victorian State Laws
In 2009 the state car seat laws around australia were updated to reflect amongst other things, child safety seats and set a minimum nationally. The appropriate section is included below RULE 266 subrule 2 through to subrule 4E, with subrule 5 dealing with exemptions. It must be remembered these are minimum standards and do not represent the best practices. Best Practices are defined by the Australian Standards AS/NZ 1754:2013.
Victorian Car Seat Laws
In 2009, Victoria updated its car seat laws to align with national standards. These are minimum legal requirements — they do not always represent best practice. Best practice is defined by the current Australian Standard AS/NZS 1754:2013.
Rear Facing
Legal Minimum
A child under 6 months must be restrained in a rear-facing approved child restraint.
Best Practice
Keep your child rear-facing as long as possible — ideally until they reach the maximum height marker of an A4 seat (around 30 months on average).
Forward Facing
Legal Minimum
From 6 months a child can be in a forward-facing harnessed seat. From 4 years they can move to a booster seat.
Best Practice
Use a Type G extended harnessed seat until the child reaches approximately 8 years or the upper shoulder height marker (51 cm). Avoid moving to a booster too early.
Summary of Victorian Road Rules – Rule 266
Under 6 months
Must be in a rear-facing approved child restraint.
6 months – under 4 years
Must be in a rear-facing or forward-facing harnessed approved child restraint.
4 years – under 7 years
Must be in a forward-facing harnessed seat or a properly used booster seat with lap-sash belt.
7 years – under 16 years
Must wear an approved seatbelt correctly (lap-sash or lap belt with approved harness if needed).
Victorian Car Seat Laws (Road Rule 266)
In 2009 Victoria updated its car seat laws. These are the minimum legal requirements. Best practice is defined by the current Australian Standard AS/NZS 1754:2013.
Subrule 2 – Under 6 months
A child less than 6 months old must be restrained in a suitable and properly fastened and adjusted rear-facing approved child restraint.
Subrule 2A – 6 months to under 4 years
If the passenger is 6 months old or older, but is less than 4 years old, he or she must be restrained in a suitable and properly fastened and adjusted:
- Rear-facing approved child restraint, OR
- Forward-facing approved child restraint that has an inbuilt harness.
It should be noted that there is nothing to prevent a child being rear facing up to 4 years of age, but the child must be forward facing from 4 years of age. This may seem a long time to be rear facing but it is very common for children with a short torso to not reach the first shoulder height marker by 3 years of age.
Subrule 2B – 4 years to under 7 years
A child 4 years or older but less than 7 years old must be restrained in:
- A forward-facing approved child restraint with an inbuilt harness, OR
- A properly positioned approved booster seat with a lap-sash seatbelt (or approved child safety harness).
Subrule 4 – 7 years to under 16 years
Must be restrained in a suitable approved seatbelt that is properly adjusted and fastened.
Best Practice Recommendations
Rear Facing
Keep your child rear-facing as long as possible — ideally until they reach the shoulder height marker of an A4 seat (average ~30 months).
Forward Facing / Harness
Use a Type G extended harnessing seat until ~8 years or the upper shoulder height marker (51 cm).
Additional Important Rules
Front Seat Restrictions
Children under 4 years old must not sit in the front row of a vehicle with 2 or more rows of seats.
Children 4 years or older but under 7 years old must not sit in the front row unless all seats behind are occupied by other children under 7, or there is no other suitable seating position.
Exemptions & Special Cases
Subrules (4B), (4C), and (4D) provide guidance when a child cannot safely be restrained in the standard way due to their height or weight — they must then follow the next appropriate rule.
Approved Child Safety Harness (Subrule 4E)
In a lap and sash seatbelt position, it is acceptable to use an approved child safety harness instead of the sash part of the belt.
Important Reminder
These are the minimum legal requirements under Victorian Road Rules. For maximum safety, always follow the Australian Standard AS/NZS 1754:2013 and the shoulder height markers on your child restraint.
Road Rule 266 – Wearing of seatbelts by passengers under 16 years old
(2) Under 6 months
If the passenger is less than 6 months old, he or she must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint.
(2A) 6 months to under 4 years
If the passenger is 6 months old or older, but is less than 4 years old, he or she 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) 4 years to under 7 years
If the passenger is 4 years old or older, but is less than 7 years old, he or she 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.
(4) 7 years to under 16 years
If the passenger is 7 years old or older but under 16 years old, he or she must be restrained in a suitable approved seatbelt that is properly adjusted and fastened.
Additional Subrules (4A) to (4E)
(4A) Subrules (2), (2A), (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under rule 267.
(4AB) Subrules (3) and (3A) do not apply if the passenger is exempt from the front seat position restrictions under rule 267(3C).
(4B) If a passenger cannot safely be restrained as required by subrule (2) because of his or her height or weight, he or she must be restrained as if subrule (2A) applied to him or her.
(4C) If a passenger cannot safely be restrained as required by subrule (2A) or (4B) because of his or her height or weight, he or she must be restrained as if subrule (2B) applied to him or her.
(4D) If a passenger cannot safely be restrained as required by subrule (2B) or (4C) because of his or her height or weight, he or she must be restrained as if subrule (4) applied to him or her.
(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 subrule (2B)(b) or (4)(b)(iii), as the case may be, 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.
Safety First – Go Beyond the Minimum
Victorian laws set the legal minimum. For the best possible protection, always follow the shoulder height markers on your child restraint and keep your child rear-facing and harnessed for as long as possible.