Road Safety Laws
A significant improvement to child safety road laws.
In April 2008 Safe-n-Sound advised that all States and Territory governments had agreed to adopt new National Road Safety Laws recommended in 2007.
On the 28th May 2009 the Victorian Roads and Ports Minister became the first state minister to announce adoption of the changes and an implementation timetable for Victoria. The Victorian Government has announced an implementation date of the 9th of November 2009.
On the 10th September 2009 the Queensland Transport Minister Rachel Nolan announced adoption of the changes and an implementation timetable for Queensland. The Queensland government has announced that effective from 11th of March 2010 that all Queensland children up to the age of seven years will need to be secured in an approved restraint or booster seat when travelling in a vehicle.
Safe-n-Sound has been in contact with all other State and Territory Ministers since the National Transport Commission (NTC) recommendations were published in February 2008. Through these discussions we believe that all States and Territory governments are looking to adopt the NTC recommendations during 2009 or early 2010.
Given that these laws are state based, each state has been working on the details to draft legislation and pass the laws through each respective State or territory parliament. As there are slight differences in the road rules in each state it is at the moment unclear how all states will adopt the National Road Safety Laws or there timeframe for implementation.
Safe-n-Sound will continue to update you as each state makes public its proposed changes.
So what are the changes announced in Victoria?
The Victorian changes to the road safety laws for child restraint and booster seat requires:
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Children less than six months to be secured in an approved, properly fastened and adjusted, rear-facing child restraint, such as an infant capsule;
- Children from six months to less than four years must be secured in an approved, properly fastened and adjusted, rear-facing child restraint or a forward-facing child restraint with an inbuilt harness;
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Children aged from four years to less than seven years must wear an approved, properly fastened and adjusted, forward-facing child restraint with in-built harness or an approved booster seat which is properly positioned and fastened; and
The new Victorian road safety laws relate to children up to seven years old travelling in vehicles with two or more rows of seats. The Victorian road safety laws also require:
- Children under four years will not be allowed to travel in the front seat of a vehicle with two or more rows; and
- Children aged between four and less than seven years will not be allowed to travel in the front seat of a vehicle with two or more rows, unless all other back seats are occupied by children under seven years of age.
VICTORIAN road safety law exemptions
At this stage Safe-n-Sound is yet to see the draft legislation however based on comments from the Victorian government it would appear that:
- Taxis will continue to be exempt from the child restraint requirements. When there is no suitable child restraint available a seat belt must be worn;
- The new laws aim to cater for the majority of children; however there is a provision to allow a child who is too tall or heavy for the recommended restraint to use the restraint in the next age category.
- Vehicles with only one row of seats are exempt from the requirement that the child must sit in the rear seat.
Click here to download the Victorian Road Safety Laws Guide
So what are the changes announced in Queensland?
The Queensland changes to the road safety laws for approved, properly fastened and adjusted child restraints and booster seats is as follows:
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Children less than six months to be secured in a rear-facing child restraint;
- Children between six months and four years must be secured in a rear-facing child restraint or a forward-facing child restraint with an in-built harness;
- Children aged from four years must use a booster seat with a Child-harness or a booster seat with a seat belt until they turn seven years of age.
- From seven years of age children can travel in a car secured in either:
- booster seat;
- a booster seat and child harness;
- seat belt and child harness; or
- he car’s seat belt.
The Queensland road safety laws also require:
- Children under four years will not be allowed to travel in the front seat of a vehicle with two or more rows, even if the child is three years of age and large enough to sit in a booster; and
- Children aged between four and less than seven years will not be allowed to travel in the front seat of a vehicle with two or more rows, unless all other back seats are occupied by children under seven years of age.
- Vehicles with only one row of seats are exempt from the requirement that the child must sit in the rear seat. A child of any age can travel in the front seat provided they are properly restrained. If an airbag is fitted then a rear facing child restraint must not be used.
Click here to download the Queensland Road Safety Laws Guide
QUEENSLAND road safety law exemptions
- Taxis and limousines will continue to be exempt from the child restraint requirements. When there is no suitable child restraint available a seat belt must be worn;
- The new laws aim to cater for the majority of children; however there is a provision to allow a child who is too tall or heavy for the recommended restraint to use the restraint in the next age category.
- Holders of a medical certificate from a doctor are exempt from the restraint laws.
RECOMMENDATIONS
Safe-n-Sound recommends that babies and children stay in their child restraint or booster as long as they fit. Smaller children do not need to move to the next category when they reach the ages in the rules.
- A child that turned 4 who still fits in their forward facing child restraint with in-built harness should stay in that restraint.
- A child who turned seven should remain in their booster seat as long as they fit.
What about the other states?
Safe-n-Sound has been in contact with all other State and Territory Ministers since the National Transport Commission (NTC) recommendations were published in February 2008. Through these discussions we believe that all States and Territory governments are looking to adopt the NTC recommendations during 2009 or early 2010.
As there are slight differences in the road rules in each state it is at the moment unclear how all states will adopt the National Road Safety Laws or there timeframe for implementation.
Safe-n-Sound will continue to update you as each state makes public its proposed changes.
Why are they making these changes?
Approximately 500 children a year are killed or seriously injured in car accidents nationally. This reform responds to calls from road safety experts, police and local communities for a stronger minimum standard.
Research shows that younger children are not correctly restrained when they move to a booster too early or when they are just sitting on the car seat using the seat belt. Experts suggest that children are moving too early into inappropriate restraint such as booster seats and seat belts, which are not appropriate for their weight and height and therefore increase the risk of injury.
In announcing the changes the Queensland Transport Minister Rachel Nolan stated that:
“Seat belts were a revolution in vehicle safety but they’re designed for adults and too many parents make the mistake of thinking it’s okay for young children to use a normal seat. The sad truth is that seat belts just don’t protect children in the same way as they protect adults. The last thing that parents want is to put their child at risk, but this is exactly what will happen if a young child is progressed too early into an adult seatbelt.”
“My message today is clear - don’t wait for the new laws to come into force.” Ms Nolan said.
“Make it an early Christmas present - a booster seat is a gift that will save young lives and offer peace of mind to parents and families.”
Why announce changes early?
The Government are alerting people early of the implementation of the new rules to allow parents and carers enough time to get ready for the changes.
Safe-n-Sound recommend that those parents and carers who already have the appropriate child restraints or booster seats, start following the new rules now, to make sure young passengers are as safe as possible when they travel.
Safe-n-Sound believes that other State and Territory governments will also provide a period of adjustment, to allow parents to prepare for the changes.
What are the penalties for not complying?
We believe the Victorian government will continue with the current penalties for non compliance with the restraint laws which includes a fine of $255 and three demerit points.
We believe the Queensland government will continue with the current penalties for non compliance with the restraint laws which includes a fine of $300 and three demerit points for the driver.
At this time it is unclear when police will begin to enforce these laws.
Are Safe-n-Sound products going to change as a result of the road safety laws?
All products currently sold by Safe-n-Sound will allow for parents and carers to transport children in a manner that will satisfy the existing road rules in each state and territory as well as satisfying the new road safety laws as proposed by the Victorian and Queensland government. No change to the product is required.
The Road Rules govern use of the product not the design and specification. To help you and your customers select the right Safe-n-Sound product for your child we have prepared guides for both Victoria and Queensland.
Click here to download the Victorian Road Safety Laws Guide
Click here to download the Queensland Road Safety Laws Guide
How Safe-n-Sound will support you.
Safe-n-Sound will continue to update retailers and consumers about these changes in Queensland and the other States and Territories as the information becomes available.
We will do this through various publications however we suggest that you check this area of our site on a regular basis for any further announcements regarding these changes in the law for the most up to date information.