Queensland

Understanding road laws

Introduction Exemptions Road rules Vehicle standards Advice to Parent/Client form Disclaimer FAQs

Introduction

The Queensland road rules provide requirements for how people must be restrained when travelling in a motor vehicle, in the following age groups:

• Under 6 months

• 6 months to under 4 years

• 4 years to under 7 years

• 7 years to under 16 years

• 16 years and over

The rules define 'approved' vehicle restraints (e.g., Australian standard car seat, seatbelt). The type of vehicle restraint required will depend on the persons age and size. These approved vehicle restraints are legal to use when travelling in a motor vehicle.

Where a person with a disability or medical condition is unable to travel in an approved vehicle restraint, there are road rule exemptions that allow the person to travel in an alternative way. There are conditions that must be complied with, such as a medical certificate.

Exemptions

An exemption is required when a person is prescribed any of the following:

special purpose car seat
modified Australian standard car seat
specialty harness/vest
travel in the front row of a vehicle which has two or more rows (children under 7 years)
in rare cases, no child restraint or vehicle seatbelt

The most common road rule exemptions are listed below. There are also specific requirements for the legal use of seatbelt buckle covers.

MACA trained allied health professionals can help families and clients comply with these requirements. In some cases they will recommend registering a seatbelt exemption certificate with the Queensland government to avoid receiving a seatbelt camera detected fine.

Road rules

The are different road rule exemptions that allow a person to travel in an alternative vehicle restraint, or in rare cases no child restraint or vehicle seatbelt. There is also an exemption that allows a child under 7 years to travel in the front row of a vehicle with two or more rows.

The following definitions apply to the professionals who are able to provide exemptions:

Specialist means a doctor, occupational therapist, psychologist, physiotherapist or biomedical engineer.

Health practitioner means a doctor, occupational therapist or physiotherapist.

Doctor means a medical practitioner.

Under 16 years - prescribed by a specialist

The driver is exempt from transporting a child in an approved vehicle restraint, providing:

*the passenger is restrained in a child restraint prescribed by a specialist in accordance with AS/NZS 4370

*they are carrying an Advice to Parent form prescribed in accordance with AS/NZS 4370

*they are complying with any conditions in the form

*they produce the form to a police officer when asked

*the form has not expired

NOTE: This exemption only applies in Queensland. All other states and territories require a medical certificate.

All ages - doctor certificate

A person is exempt from travelling in a vehicle seatbelt providing the person is carrying a certificate that:

*is signed by a doctor

*states that in the doctor's opinion the person should not wear a seatbelt

*displays a date of issue not more than 12 months after the issue date and has not expired

*the person is complying with any condition in the certificate (e.g., travelling in an alternative restraint system or no seatbelt)

*produces the certificate in accordance with the requirements for police or camera detected enforcement

NOTE: This exemption can be used where a person is travelling in an alternative restraint (e.g., special purpose car seat, modified restraint).

Under 7 years - front row of vehicle

The driver is exempt from the rule requiring the child to travel in the rear row of a vehicle with two or more rows providing the driver is carrying a certificate:

*signed by a health practitioner

*that states the passenger must not be in a row of seats behind the front row of a vehicle because of the passenger’s medical condition or disability

*displays a date of issue and an expiry date that is not more than 7 years after the issue date

NOTE: The road rules allow a child 7 years of age and over to travel in the front row.

Complying with vehicle standards - seatbelt buckle covers

Queensland's safe movement guideline provides guidance for exemptions for vehicles fitted with seatbelt buckle covers for use by passengers with disabilities or medical conditions when travelling in a vehicle in Queensland.

Complying with the requirements in the guidelines exempts a vehicle from relevant vehicle standards requirements.

Read more about the exemption and requirements here.

Advice to Parent/Client form

If the exemption is issued by a specialist (see above) the Advice to Parent form must be carried by the driver in the vehicle the child is travelling in at all times.

The Advice to Client form can be completed for clients 16 years and over, but is not a legal requirement.

The MACA Guide, provided free to participants of our online training course, includes information to assist prescribers when completing the forms.

Download Advice to Parent form (under 16 years) (.pdf)Download Advice to Client form (16 years and over) (.pdf)

Disclaimer

Disclaimer: The Advice to Parent/Client form is only for use by MACA trained professionals. MACA bears no responsibility for unauthorised use of this form.

FAQs

Model Australian Road Rules were first introduced in 1999 and form the basis of the road rules in each state and territory.

The National Transport Commission is responsible for maintaining the Australian Road Rules. Many jurisdictions copy the model law, however MACA’s review of each state and territory’s road rules impacting on the transport of children with disabilities and medical conditions revealed examples where jurisdictions have not followed the model law.

MACA will be participating in the upcoming review of the Australian child restraint road rules and is committed to working with each state and territory to ensure consistent rules.

MACA's training, resources and templates are kept up to date to reflect any changes to state and territory road laws.

If the person is at risk of getting out of their seatbelt/child restraint or not wearing it properly adjusted and fastened, it is recommended that a medical practitioner complete the Queensland government seatbelt exemption certificate.

The form can be downloaded from the Queensland government website and must be completed by a medical practitioner.

The seatbelt exemption certificate can be provided to the Queensland government, which will exempt the person from seatbelt camera technology infringements. The exemption is valid for 12 months.

The completed seatbelt exemption certificate can be registered:

Online

Email: [email protected]

Mail: Department of Transport and Main Roads

PO Box 673

FORTITUDE VALLEY QLD 4006

In person: Nearest Transport and Motoring Service Centre

We have extensively reviewed the current legislative environment which means we have a deep understanding of each state and territory's road laws. We work closely with road agencies, to remove unnecessary barriers and to identify opportunities for improvement.

This approach is increasing awareness of the transport needs of children with disabilities and medical conditions and has resulted in some new laws for the use of seatbelt buckle covers.

Our website, information resources and training are regularly updated to reflect any changes.

We need road laws for children and adults with disability that have been developed based on research, and that protect their right to safe transport.

Due to the lack of research in this area their needs have not been considered equal to the needs of those without disabilities and medical conditions.

MACA is changing this through our research and upcoming participation in the review of the Australian child restraint road rules. Read more about this in our media release.

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