What is the Legal Age to Sit in the Front Seat in Australia

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Table Of Contents

Key Takeaway
How old do you have to be to sit in the front seat?
What is the Legal Age to Sit in the Front Seat in NSW?
What is the Legal Age to Sit in the Front Seat in Victoria?
What is the Legal Age to Sit in the Front Seat in Queensland?
What is the Legal Age to Sit in the Front Seat in South Australia?
What is the Legal Age to Sit in the Front Seat in Western Australia?
What is the Legal Age to Sit in the Front Seat in Tasmania?
What is the Legal Age to Sit in the Front Seat in Northern Territory?
Penalties for Not Following The Rules
Exceptions to Front Seat Laws
Challenging Fines For Violating Front Seat Laws

Key Takeaway

In Australia, laws in every State and Territory regulate whether children can sit in the front seat of a vehicle as part of broader child safety regulations. Understanding these rules is essential for parents and caregivers who wish to comply with the law and protect young passengers.

This article explains the legal requirements across each Australian jurisdiction and highlights general safety recommendations, exceptions, and penalties associated with violating child restraint laws.

This article is a guide. For legal advice, contact our criminal lawyers Sydney office to book a consultation.

How old do you have to be to sit in the front seat?

Across Australia, a general guideline is that children under the age of seven should remain in the back seat. In vehicles with two or more rows, this rule is mandatory for children under four, while children aged four to six may be permitted to sit in the front only under certain conditions, such as when all rear seats are occupied by younger children.

Many safety experts recommend that children remain in the back seat until at least 12 years of age due to safety risks, especially the impact of airbags, which are designed with adult passengers in mind and can be hazardous to smaller, lighter passengers.

To lawfully sit in the front seat safely, children should fit securely in an adult seatbelt. A height of 145 cm or more generally ensures the belt fits properly, reducing the risk of injury in a collision. Parents are advised to transition children to the front seat only when necessary and in compliance with legal requirements.

For more detailed guidance on child restraint laws and best practices for essential information to help ensure children’s safety on the road.

What is the Legal Age to Sit in the Front Seat in NSW?

In NSW, Regulation 266(3) of the Road Rules 2014 (NSW) states that children under four years old must not sit in the front seat if the vehicle has two or more rows. Children aged four to under seven may only sit in the front if all rear seats are occupied by children younger than seven (Rule 266(3A)).

If a passenger is at least 7 years old but under 16 years old, he or she must be placed on a properly positioned approved booster seat and restrained by a properly adjusted and fastened seatbelt or approved child safety harness; or must occupy a seating position that’s fitted with a suitable approved seatbelt and must not occupy the same seating position as another passenger and must wear the seatbelt properly adjusted and fastened.

What is the Legal Age to Sit in the Front Seat in Victoria?

In Victoria, Regulation 266(1) of the Road Safety Road Rules 2017 (Vic) provides that children under four years old cannot sit in the front seat if the vehicle has multiple rows. Children aged four to under seven can only sit in the front if the back seats are already occupied by younger children.

What is the Legal Age to Sit in the Front Seat in Queensland?

In Queensland, Regulation 266(3A) of the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld) specifies that children under four years old are prohibited from sitting in the front seat if the vehicle has more than one row of seats. Children aged four to under seven may sit in the front seat only if all other seats are occupied by younger children.

What is the Legal Age to Sit in the Front Seat in South Australia?

In South Australia, Regulation 36 of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) requires that children under four years remain in the back seat in vehicles with multiple rows. Children aged four to under seven are allowed to sit in the front only if all rear seats are occupied by younger children.

What is the Legal Age to Sit in the Front Seat in Western Australia?

In Western Australia, Regulation 234(5) of the Road Traffic Code 2000 (WA) dictates that children under four years old cannot sit in the front seat if the vehicle has more than one row of seats. For children aged four to under seven, front seat occupancy is allowed only if all other seats are taken by younger children.

What is the Legal Age to Sit in the Front Seat in Tasmania?

In Tasmania, Regulation 266(3A) of the Road Rules 2019 (Tas) prohibits children under four years old from sitting in the front seat if the vehicle has two or more rows. Children aged four to under seven may only sit in the front if all rear seats are occupied by younger children.

What is the Legal Age to Sit in the Front Seat in Australian Capital Territory?

In the ACT, Regulation 266(3A) of the Road Transport (Road Rules) Regulation 2017 (ACT), Section 266, specifies that children under four years old cannot sit in the front seat if the vehicle has multiple rows. Children aged four to under seven are allowed in the front seat only if all rear seats are occupied by younger children.

What is the Legal Age to Sit in the Front Seat in Northern Territory?

In the Northern Territory, Regulation 266(3A) of the Australian Road Rules 1999 (NT) prohibits children under four years old from sitting in the front seat in vehicles with more than one row. Children aged four to under seven may sit in the front if all rear seats are occupied by younger children.

Penalties for Not Following The Rules

Penalties for failing to comply with child restraint laws vary by state and can include significant fines and loss of demerit points.

For example, in New South Wales, a driver may incur a fine of up to $410 and lose three demerit points for each unrestrained child. During certain periods, such as public holiday weekends, NSW enforces double demerits, potentially increasing the severity of penalties for non-compliance.

Exceptions to Front Seat Laws

While child restraint laws are stringent, there are a few exceptions:

Single-Row Vehicles: In vehicles with only one row of seats (such as utes or small vans), children may sit in the front seat if they are properly restrained in an approved child restraint or booster seat.
Occupied Rear Seats: If a vehicle’s rear seats are fully occupied by younger children, a child aged four to under seven may sit in the front seat, provided they use an appropriate child restraint or booster.
Medical Exemptions: Some children may have medical conditions that require specific seating arrangements or exemption from certain restraint requirements. In such cases, drivers should carry a medical certificate indicating the exemption to avoid penalties.

Challenging Fines For Violating Front Seat Laws

In all States and Territories, if you believe there has been a mistake in issuing you a fine you can request an internal review within the relevant fines authority.

You may wish to challenge the fine on the basis that the alleged offence didn’t take place, that you were not responsible for the vehicle at the time of the offence or that a medical emergency or crisis explains why the offending occurred.

You may also wish to ask for leniency if special circumstances mean that you are unable to pay the fine or that you were unable to control your conduct at the time (such as in cases of mental illness).

If you are not happy with the decision following an internal review, all States and Territories have an option to challenge the infringement in a formal court hearing. However, you should be aware that changing your dispute to a court environment increases the maximum penalty that can apply.

By Jarryd Bartle and Jimmy Singh.

Published on 01/02/2025