The holiday season is quickly approaching. As a parent or caregiver in New South Wales, ensuring the safety of infants and children while driving is not just a moral responsibility—it's a legal requirement. Let's dive into the specifics of fines and demerit points for driving with a passenger who isn't properly restrained.
The Law in NSW
Children under 6 months must be secured in an approved, rear-facing child car seat
Children aged between 6 months and 4 years must use either a rear-facing child car seat or a forward-facing child car seat with an inbuilt harness
Children aged between 4 and 7 years must use a forward‑facing child car seat with an inbuilt harness or an approved booster seat
Children aged 7 years and over who are too small to use a seatbelt should use an approved booster seat or an anchored safety harness
Child car seats and approved booster seats must be:
Properly fastened to the vehicle
Adjusted to fit the child's body
Approved under the Australian/New Zealand Standard AS/NZS 1754
Penalties for Non-Compliance
You face significant penalties if you're caught driving with a passenger:
Under 6 months who isn't in a fastened, adjusted, or approved restraint, or
Older than 6 months but less than 4 years not restrained, or
Older than 4 years but less than 7 years not restrained
As of 8th November 2024, for each offence, these penalties are:
Fine: $410
Demerit Points: 3 points
Durring holiday periods, these offences attract twice the number of demerit points. (Click here to check upcoming double demerit point periods)
These penalties reflect the seriousness of the offence and the potential risk to the child's safety.
Why the Harsh Penalties?
The strict penalties are in place for good reason. According to Transport for NSW:
Properly restrained children are up to 70% less likely to be killed or injured in a crash compared to unrestrained children.
15% of road fatalities in NSW still involve not wearing a seatbelt or proper restraint.
An average of 220 people are injured each year due to not wearing a seatbelt or proper restraint.
Beyond the fines and demerit points: Potential Consequences for you and the child
While the immediate fine and demerit points are significant, the potential consequences of not properly restraining an infant go far beyond financial penalties:
Increased Risk of Injury or Death: In the event of a crash, an unrestrained or improperly restrained infant or child is at much higher risk of serious injury or death.
Legal Liability: In case of an accident, you could face more serious legal consequences if it's found that the infant or child wasn't properly restrained.
Insurance Issues: Your car insurance may not cover injuries to improperly restrained passengers, leaving you financially vulnerable.
Tips for Compliance
To avoid fines and, more importantly, ensure your child's safety:
Choose the Right Seat: Ensure you have an approved car seat suitable for the infant or childs age and height.
Proper Installation: Have your car seat professionally installed or checked if you're unsure.
Regular Checks: Regularly check that the seat is securely fastened and adjusted correctly as your baby grows.
Plan Ahead: If you're using multiple vehicles or caregivers, ensure each car has a properly installed seat.
Conclusion
The fines and demerit points for driving with an improperly restrained infant or child in NSW are substantial, but they pale in comparison to the potential cost of a child's safety. Always ensure your passengers are secured correctly—it's not just about avoiding fines, it's about protecting precious lives.
Remember, if you're unsure about child car seat regulations or installation, many local councils and organisations offer free checking services. We are also available to help with any questions you may have. It's always better to ask for help than to risk your child's safety or face hefty penalties.
Stay safe on the roads, and always buckle up your little ones correctly!
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