When can kids sit in the front seat of a car?
By Emily Agar · 29 Apr 2025
When can kids sit in front seat?Ah, well the not-so-simple answer is that it depends on how many rows of seating your vehicle has, how many children are travelling with you and how old the children are. Oh, and it varies state by state.Confused? You’re not alone! In fact, there was a Bluey episode (Season 3, ep 49 if you’re interested) where they come across this very dilemma.What is the legal age to sit in the front seat in Australia? It’s a question all parents will eventually ask but the answer isn’t a simple one.In NSW, if a child is aged under four years old, they must not sit in the front seat of a vehicle that has two or more rows of seats. They can sit in the front seat of a vehicle with only one row of seats, like a single cab ute, but must use an approved forward facing child car seat suitable for their age and size.Children aged between four and seven years old must not sit in the front seat of a vehicle that has two or more rows of seats, unless the available seats in the back row are occupied by other children aged under seven years old. They must use an approved child car seat suitable for their age and size.However, since most front seats in Australian vehicles do not have a top-tether anchor point, the booster seat must weigh under 2.0kg. That means it doesn’t have to be anchored via a top-tether, just a three-point lap-sash belt.No rearward facing child seat can be installed in the front seat of a vehicle due to the passenger airbags.The laws change under certain circumstances. For example, if your vehicle is involved in a crash or breakdown, a child aged under 12 months can travel in a tow truck without a suitable child restraint.If a suitable child car seat is not available, they can sit on the lap of another passenger. If the tow truck has two or more rows of seats, they must sit in the back seat. You can find all of the child seat rules here for NSW.Rules are similar across the other states with a few minor variations. Seven years old seems to be the age benchmark but I’ve outlined the rules below.In QLD, where children under four must not sit in the front seat of a vehicle where there is more than one row of seating. Children aged between four to six years old can only sit in the front seat if all other seats are occupied by children under seven years old.However, children seven years and over can sit in the front seat.With vehicles that only have one row of seats, children of any age can sit in the front seat as long as they are properly restrained. If a car has a passenger airbag, a rear-facing child restraint shouldn't be used in the front seat.In Tasmania, South Australia, and Western Australia, a child can sit in the front seat when they are seven years old or older according to Transport Tasmania. However, it's recommended children under 12 be in the back seat for safety reasons, even if they are over seven years old.In the Northern Territory, a child can legally sit in the front seat at the age of seven years and over. Children aged four and seven years old can only sit in the front seat if all other rear seats are occupied by children under seven. Children under four must not sit in the front seat of a vehicle with two or more rows.In Victoria, children under the age of four years must only travel in the back seat of a vehicle. Children aged four years old to under seven years old can only sit in the front seat if all of the back seats are taken by other passengers under seven years old. The child must travel in a booster seat without a top tether strap, because there will be no anchorage points for the front seat.Children aged seven years and over can travel in the front seat. However, research shows children under 12 years are much safer travelling in the back seat.Did you know that road crashes are the major cause of accidental death for children aged under 15 in Australia?According to the Royal Children’s Hospital (RCH), a child’s risk of serious injury in a car crash is much higher if they are unrestrained in the car (not in a car seat, booster seat or adult lap-sash seat belt), not restrained correctly (in a car or booster seat not suitable for their size) and travelling in the front seat of the car. The latter doubles their risk of serious injury or death.Despite most road laws being aged based, medical and road safety experts recommend children remain sitting in the back seat until they are at least 12. The injury risk to children under 12 is nearly double in the front seat compared to the back seat, regardless of the type of child car seat.Dangers for children sitting in the front seat include powerful airbags and poorly adjusted seatbelts that are too big for a small child.Children can sustain injuries from adult seatbelts that do not fit them correctly.It’s recommended that a child not move out of a child seat restraint until they are 145cm and above in height.In NSW, you can expect a fine of $353 and three demerit points if you don’t follow the correct child restraint/seating laws.In QLD, a fine of $1161 and four demerit points apply. In Tasmania, a fine of $350 and three demerit points apply.In the NT, a $480 fine and a $20 Victims of Crime levy applies, as well as three demerit points per child not properly restrained.In SA and Vic, a $407.25 fine applies, as well as, three demerit points.In WA, a fine of $600 and four demerit points apply.For children up to three years old, a rearward facing child seat is recommended. We used the below model when my son was little.A harnessed booster seat like those below is recommended from the ages of 12 months to eight years old. The seat below is the model I currently use for my son.A booster seat that uses a harness (safest) or the adult lap sash belt as per below are recommended until the child reaches 145cm or above but many parents choose the legal ‘age-based’ rule instead. The model below is what we chose for my mother's car.The general rule of thumb Australia-wide is once they hit their seventh birthday, but most states recommend they be 145cm or taller before they move out of a child restraint as this height positions them, and the seatbelt, in the correct safety position.A fact that my eight-year old is appalled by because he, like most seven-year-olds, hasn’t hit that height benchmark! And most kids don’t until they’re around 11-years old. So, my son will just have to wait until he is tall enough. He makes me measure him every other week, poor bloke.
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