In NSW, 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.
So say a child is 3.5 years old but too tall to use a baby car seat thats for up to 4 years old, can you let the child use an approved booster seat thats for age 4+?
Pretty strict.
NSW Road Rule 266 should help shed light on it…
And if you would like some more light reading, you could read AS1755 and ADR 34/03
All the fines for RR #266 are $365, 3 points and double demerit offences.
It does shed light:
(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.
In short, if they don't fit, you can go up a size.
Can't you ring NSW roads ? Don't know if my wording is correct but it's Vic roads here !
I honestly thought the ages were a strong guide but the size of the child was what mattered.
What if the 3.5 year old was a big boy and his shoulder was above the line?
Surely the law would not make a fuss if even the manufacturer's recommendation is the child no longer sit in those seats.
Very good point. Even the manufacturers are using height as a decision point.
You can get car seats with harnesses for bigger kids, so I don't think you'd get out of it because he was a bit bigger than most. Obviously you would only get into trouble for it if you were involved in a serious accident and your kid was hurt because of it.
That is common sense.
My 5 yr old boy weighs as much as some 2 yr old boys ( we were just checking the weight graphs) The same is possible with height too to a lesser extent.
Those are the guidelines but read the part underneath about provisions if your child is too big or too small for their recommended seat:
https://roadsafety.transport.nsw.gov.au/stayingsafe/children…
Yeah I reckon. But their choice of using the word must made me doubt.
i believe the term "must" is in reference to not using a normal seatbelt.
If it said "may", people would make the assumption that using a child seat was entirely optional.
http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104….
(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.
Lets just say (hypothetically) that this law didnt exist. I honestly doubt a cop would fine you for having a big kid in a booster seat above. They want the kid to be properly restrained (safely)
Extracted
If your child is too small for the child restraint specified for their age, they should be kept in their current child restraint until it is safe for them to move to the next level.
If your child is too large for the child restraint specified for their age, they may move to the next level of child restraint.
Is this your first day in Australia? :-)
@happydude's answer is the only one you need.
So say a child is 3.5 years old but too tall to use a baby car seat thats for up to 4 years old, can you let the child use an approved booster seat thats for age 4+?
(2A) 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.
But
(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.
2B is the rule for between 4 - 7. So yes. You can use an approved booster for your future basketball star offspring.
How Strict Is The Law on Baby Car Seat? -> How much do you value your baby life?
All seats I’ve seen have a line that indicates the max shoulder height. Once you go pass it you move to the next stage seat.
I have a 5 year old that’s the same height as a 8/9 year old and his in the smallest booster seat we could find, everything else didn’t fit him.
The rules are generally more to do with safety for a child's size rather than age, but the age guidelines will cover the vast majority of children. Unless the 3.5 year old is a giant of 6 year old proportions, it will be safer to use a child seat suited for 18 months - 8 years (e.g. Maxi Guard Pro or Maxi Cosi Luna Smart) that has a built in harness rather than a 4+ year old lap sash booster.
If you read the NSW Traffic Act and Australian Standards on this matter and still do not understand the Lawful requirements and exceptions, perhaps your first point of call should be to speak to the relevant departments for clarification.
1. Your child must be safe. 2. You must abide by the Law. 3. Only the Authorities can vary a Ruling or Point of Law.
very