Where can children sit in the car?

If you’ve ever wondered what the rules are when it comes to driving with children in the car, chances are, you’re not alone.

You might also be surprised to learn that answers to common questions such as ‘Where can my kids sit in the car?’ and ‘Is the front passenger seat off-limits to my eight-year-old?’ aren’t always clear-cut.

And while it might sound tempting (and easier) to just chuck whinging kids in the boot, that’s certainly not allowed… Better, let’s find out what is. 

What kind of child seat do I need?

To make things easier, some laws affect all Australians, no matter the state or territory, including the requirement that all children up to the age of seven years must use a child car seat when travelling in a motor vehicle, whether it be rearward-facing, forward-facing, or a booster seat.

It must be AS/NZS 1754 approved (and labelled), installed correctly, appropriate for your child’s size and age, and be less than 10 years old.

Babies under six months must use a rearward-facing restraint with an inbuilt harness, while those between six months to four years must use a rearward-facing seat until they can no longer fit, then it’s on to a forward-facing seat with an inbuilt harness.

Between the ages of four and seven years a forward-facing child seat is required until they’re big enough for a booster seat with a lap-sash seatbelt or child safety harness.

Meanwhile, children over the age of seven years are required to use a booster seat until they’ve outgrown it and they’re big enough for a lap-sash adult seatbelt to fit them correctly. We’ve already covered that, as well as six things parents need to know about child car seats.

But even though your child might’ve outgrown their booster seat, doesn’t mean they’re ready to ride in the front, and in fact, safety experts agree that for children under the age of 12, the back seat is still the safest option.

It’s worth noting that some exemptions apply for children with a medical condition or disability. It’s also worth checking the requirements for your state or territory.

When can my child sit in the front seat?

According to Aussie road rules, children aged between up to four years travelling in a motor vehicle with two or more rows of seating are only permitted to sit in the rear row/s – ie: not the front.

But there’s a loophole for children aged four to seven years and while it is still recommended that they sit in any of the back rows, they are allowed to sit in the front row if they’re: big enough to use an untethered booster seat; but ONLY if all other rear seats are occupied by children under seven years.

When a child hits age seven, they can sit in the front row using an untethered booster, or a properly fitted lap-sash seatbelt, but again, the back seat is the safer option.

What if I have a two-seater car?

If you drive a motor vehicle with just two seats, there are exceptions to the above rules.

Children of any age are allowed to sit in the front row but must be using an appropriate car seat that is correctly installed. That said, if the vehicle doesn’t have a top tether anchorage point, a child must only sit up front if they’re big enough to use an untethered booster seat, which for most is around seven years-old.

Meanwhile, if the vehicle has a passenger airbag, the only time a child is permitted to ride shotgun is when they’re travelling in a forward-facing car seat. Those in a rear-facing car seat cannot.

Related: When can children use regular seat belts?

Related: Grandparent’s guide to driving young children safely

Related: Six things parents need to know about child car seats