Seat belts and child seats in New South Wales (2026)

Last reviewed: 13 October 2026

In short: Drivers and passengers must wear a seatbelt, and children under 7 must use an approved restraint suited to their age and size. Children under 4 may not sit in the front of a vehicle with 2 or more rows of seats.

RuleWhat applies
Seat belt compulsory in front seatsPassenger carsYes [1]
Seat belt compulsory in rear seatsPassenger carsYes [1]
Child restraint required untilPassenger carsChildren under 7 must use an approved child restraint suited to their age and size: rear-facing up to 6 months; rear-facing or forward-facing with an inbuilt harness from 6 months to 4 years; forward-facing with an inbuilt harness or an approved booster seat from 4 to 7 years. [2]
Children in the front seatPassenger carsUnder 4: not in the front seat of a vehicle with 2 or more rows, but allowed in a vehicle with one row in a suitable child seat. Aged 4 to under 7: not in the front seat of a vehicle with 2 or more rows unless the back-row seats are occupied by other children under 7. [2]
Rear-facing child seat in front with active airbagPassenger cars⚠ Not yet verified
Fine for not wearing a seat beltPassenger carsThe driver gets a fine and demerit points, and double demerit points can apply. Passengers aged over 16 are also fined. [3]
Booster seat untilPassenger carsFrom 4 to 7 years a booster seat is allowed in place of a forward-facing seat with inbuilt harness, used with a lap-sash seatbelt or approved safety harness and never with a lap belt alone. Children aged 7 and over who are too small for a seatbelt should use a booster seat or anchored harness; 145 cm is the suggested minimum height for a seatbelt. [2]
Can police stop you for this alone?Passenger carsPhone and seatbelt detection cameras have been detecting drivers and passengers not wearing a seatbelt, or wearing it incorrectly, since 1 July 2024 [1]

Notes

  • The pages read do not give the amounts. The fines and points are listed on the offences search page, which was not read.

Sources

  1. NSW Government: Seatbelts (consulted 13 October 2026) · all sources
  2. NSW Government: Child car seats (consulted 13 October 2026) · all sources
  3. NSW Government: Minor traffic and driving offences (consulted 13 October 2026) · all sources

National rules that also apply

These rules are set at national level in Australia and apply here too, alongside the rules above. All national rules for Australia

Child restraint required untilSet by each state and territory. The model Australian Road Rules are not national laws in force across Australia: each state and territory has copied them into its own laws, not every provision exactly, and some matters are left to the states and territories to decide. (source: National Transport Commission)

More rules in New South Wales

  • E-scootersUse on public roads: Banned (private e-scooters) · Minimum age: 16
  • CannabisPossession for personal use: Criminal offence · Growing at home: Banned
  • Car speed limitsBuilt-up areas: 50 km/h · Outside built-up areas (single carriageway): 100 km/h
  • Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, Return and Earn · Deposit per container: 10c refund
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (P1 licence) · Earliest age to drive a car supervised: 16, with a supervisor
  • Driving after drugsApproach to cannabis (THC): Any trace is an offence · THC threshold: Any active THC
  • E-bikes and speed pedelecsLegal class: Bicycle rules · Minimum age: None at present (12-16 planned)
  • FireworksConsumers may buy and use category F2 fireworks: No (licence needed)
  • Foreign driving licencesOverseas licence valid for a visitor: Yes, up to 6 months as a temporary visitor · Overseas licence after becoming a resident: Permanent resident: NSW licence within 3 months
  • Home educationLegal status of home education: Registration required · Nature of the parental duty: School or registration
  • Knives and pepper sprayFolding pocket knives: Offence without reasonable excuse · Locking or one-handed knives: Auto-opening knives prohibited
  • Motorcycles: helmets and licencesHelmet required for the rider: Yes · Helmet required for a passenger: Yes
  • Paid holidayMinimum paid leave a year (weeks): 4 weeks (5 for some shiftworkers) · Minimum paid leave as the law states it: 4 weeks a year; extra week for some shiftworkers
  • Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Cradle only, touch limited; L/P: none
  • Smoke alarms in homesSmoke alarm legally required in homes: Yes, all homes · Minimum alarms and where: At least one working smoke alarm complying with Australian Standard 3786 on each level of the premises.
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 18
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 18 · Minimum age to buy spirits: 18
  • Drink-driving limitsBlood alcohol limit for ordinary drivers: Under 0.05% · Lower limit for novice or young drivers: 0.00% (zero)

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.