Victoria
Understanding road laws
Introduction
The Victorian 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 the types of vehicle restraints that are 'approved' (e.g., Australian standard car seats, 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, the road rule exemptions allow them to travel in specialty vehicle restraints (including accessories). This requires conditions to be complied with, such as a medical certificate.
Exemptions
An exemption is required when a person is travelling in any of the following ways:
- special purpose car seat
- modified Australian standard car seat
- specialty harness/vest
- seatbelt buckle cover
- in the front row of a vehicle which has two or more rows (children under 7 years)
- no child restraint or vehicle seatbelt (rare cases)
The most common exemption road rules for Victoria are summarised below.
MACA trained allied health professionals can help families and clients comply with these requirements.
Road rules
There are different exemption road rules depending on the age of the person and how they are travelling in the vehicle.
Children under 7 years
The driver is exempt from transporting a passenger in an Australian standard car seat or seatbelt, and able to transport them in a special purpose car seat, modified Australian standard car seat, specialty harness/vest, seatbelt buckle cover, or in rare cases no child restraint or seatbelt, providing:
* the driver is carrying a medical certificate from a medical practitioner stating that due to the child's disability or medical condition it is impracticable, undesirable or inexpedient that they be restrained in an Australian standard car seat or seatbelt
* the driver is complying with any conditions stated in the medical certificate
* the child is not travelling in the front row of a vehicle with two or more rows (see exemption provision if the child needs to travel in the front row)
Children under 7 years (front row of vehicle with two or more rows)
A 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 medical certificate from a medical practitioner stating that, because of a disability or medical condition, the child should be permitted to travel in the front row of a motor vehicle
* the driver is complying with any conditions stated in the medical certificate
Note: if the person is carrying a medical certificate and aged 7 years and over the current rules do not allow the person to travel in the front row of a vehicle with two or more rows. This issue has been raised with the Department of Transport.
Please contact us if you need assistance
Children under 7 to under 16 years
The driver is exempt from transporting a passenger in an Australian standard car seat or seatbelt, and able to transport them in a special purpose car seat, modified Australian standard car seat, specialty harness/vest, seatbelt buckle cover, or in rare cases no child restraint or seatbelt, providing:
* the driver is carrying a medical certificate from a medical practitioner stating that due to the child's disability or medical condition it is impracticable, undesirable or inexpedient that they be restrained in an Australian standard car seat or seatbelt
* the driver is complying with any conditions stated in the medical certificate
* the child is not travelling in the front row of a vehicle with two or more rows
Persons 16 years and over
A person is exempt from wearing a seatbelt, and able to travel in a special purpose car seat, modified Australian standard car seat, specialty harness/vest, seatbelt buckle cover, or in rare cases no vehicle restraint, providing:
* the person (or if the person is a passenger, the driver) is carrying a medical certificate from a medical practitioner stating that due to the person's disability or medical condition it is impracticable, undesirable or inexpedient that they be restrained in a seatbelt
* the person (or if the person is a passenger, the driver) is complying with any conditions stated in the medical certificate
Advice to Parent/Client form
MACA recommends an Advice to Parent/Client form be carried in each vehicle the person travels in.
The MACA Guide, provided free to participants of our online training course, includes detailed information to assist prescribers in completing the form.
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.
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