Uber or Taxi with a Baby Seat | What’s the Law?

28 Jul, 2018

There is a problem with regulations around the need for child seats in rideshare and taxis because the regulations are different from state to state and between taxis and rideshare companies such as Uber or Ola.

 

For example, a rider in Perth can catch an Uber or taxi with a child under 12 months old by holding them and from 1-7 years old, they may use a normal seat belt. But the same rider travelling in another state MUST have the under 6-month-old in an age-appropriate child seat, and from 1-7 in a taxi, they can ride in a normal adult seat, but not in rideshare depending on the state you are in.

Confused?.

Know the child seat requirements for the state you are driving in

 



As a rideshare driver, it is important that you know the child seat requirements for the state you are driving in as the fines go to the driver if you get caught. Not to mention the consequences of injury or death in the event of a car crash, which as you can see with the young child in this video can be devastating.

There is a demand for a taxi with a baby seat for safety-conscious parents but only a very small number of rideshare or taxis offer it as an option. Shebah is a female only service that requires its drivers to carry a child seat.

To help you understand the requirements in your state, we have reviewed all of the child restraint legislation across Australia and summarised them here.

 

Legislation for Child Seats in Private Vehicles (All States)

I

0 - 6 Months

Restrained in an approved rearward facing child restraint (e.g. infant capsule).

=

7 Months - 4 Years

Restrained in either an approved rearward or forward facing child restraint with in-built harness.

Children under four years old cannot travel in the front seat of a vehicle with two or more rows.

]

4 - 7 Years

Restrained in either a forward-facing child restraint or booster seat restrained by a correctly adjusted and fastened seat belt or child safety harness.

Children under 7 years old cannot travel in the front seat of a vehicle with two or more rows, unless all other back seats are occupied by children younger than seven years in an approved child restraint or booster seat.

Children aged from seven years old but under 16 years old who are too small to be restrained by a seatbelt properly adjusted and fastened are strongly recommended to use an approved booster seat

Children in booster seats must be restrained by a suitable lap and sash type approved seatbelt that is properly adjusted and fastened, or by a suitable approved child safety harness that is properly adjusted and fastened.

If your child is too small for the child restraint specified for their age, they should be kept in their current child restraint until it is safe for them to move to the next level.

If your child is too large for the child restraint specified for their age, they may move to the next level of child restraint.

National child restraint laws Image and information provided by NSW Centre for Road Safety

Taxies and Rideshare have different rules for each state about child restraints

 

ACT

Under 7 Years

Taxi or Rideshare – Permitted to wear a standard seatbelt where there is no suitable approved child restraint available in the minibus, taxi or hire car and the passenger is not in the front row of seats.

Legislation source

Fine for Non-restrained Passengers

One passenger – $435 and 3 demerit points

Fines legislation source

 

NSW

Under 12 Months

Taxi – Must be in an approved child restraint as per national legislation

Rideshare – Must be in an approved child restraint as per national legislation

Under 4 Years

Taxi – Permitted to wear a standard seatbelt while travelling.

Rideshare – Not permitted to travel in a hire vehicle unless they are secured in an approved child restraint as per national legislation.

Under 7 Years

Taxi – Permitted to wear a seatbelt while travelling in a taxi

Rideshare – Not permitted to travel in a hire vehicle unless they are secured in an approved child restraint as per national legislation.

Legislation source

Fine for Non-restrained Passengers

One passenger – $337 and 3 demerit points
Two passengers – $673 and 6 demerit points
Three passengers – $1085 and 6 demerit points
Four passengers – $1422 and 6 demerit points

Fines legislation source

 

NT

Under 7 Years

Taxi or Rideshare – Government provided documentation has not been located pertaining to the requirements of child seats in taxis or rideshares.
Various non-official sources say taxis do not need to have child seats

Legislation source

Fine for Non-restrained Passengers

One passenger – $500 and 3 demerit points

Fines legislation source

 

QLD

Under 7 Years

Taxi or Rideshare – Are not required to supply child restraints to their customers.

Legislation source

Fine for Non-restrained Passengers

One passenger – $391 and 3 demerit points

Fines legislation source

 

SA

Under 12 Months

Taxi – May sit on the lap of another passenger who is 16 years old or older in the rear row, but not between the passenger and the seatbelt

.Rideshare – Must be in an approved child restraint as per national legislation

Under 4 Years

Taxi – Seated in the rear row in a vehicle that has two or more rows of seats – no exceptions.

Rideshare – Not permitted to travel in a hire vehicle unless they are secured in an approved child restraint as per national legislation.

Under 7 Years

Taxi – Seated in the rear row in a vehicle that has two or more rows of seats – no exceptions.

Rideshare – Not permitted to travel in a hire vehicle unless they are secured in an approved child restraint as per national legislation.

Legislation source

Fine for Non-restrained Passengers

One passenger – $363 and 3 demerit points
More than 1 person – $428 and 5 demerit points

Fines legislation source

 

TAS

Under 12 Months

Taxi or Rideshare – Are allowed to sit on the lap of an adult passenger in the back of a bus or taxi. Never let children share a seat belt with another passenger

Under 7 Years

Taxi or Rideshare – Taxis and public buses are exempt from supplying car seats, therefore children are not required to be seated in a car seat when travelling by taxi or bus. However, all passengers including children must wear seatbelts if they are fitted.

Legislation source

Fine for Non-restrained Passengers

One passenger – $366.75 and 3 demerit points

Fines legislation source

 

VIC

Under 12 Months

Taxi – Must travel in the back seat, but do not have to use a child restraint.

Rideshare – Must be in an approved child restraint as per national legislation

Under 4 Years

Taxi – must be in their own seat, with their own properly fastened seat belt if there is no child restraint or booster seat available.

Rideshare – Not permitted to travel in a hire vehicle unless they are secured in an approved child restraint as per national legislation.

Under 7 Years

Taxi – must be in their own seat, with their own properly fastened seat belt if there is no child restraint or booster seat available.

Rideshare – Not permitted to travel in a hire vehicle unless they are secured in an approved child restraint as per national legislation.

Legislation source

Fine for Non-restrained Passengers

One passenger – $363 and 3 demerit points

Fines legislation source

 

WA

Under 12 Months

Taxi or Rideshare – A passenger who is over 16 years of age may hold a child who is under 1 year of age in their lap if there is no suitable child restraint available for the child and the passenger is not in the front row of seats if the vehicle has more than one row of seats.

Under 7 Years

Taxi or Rideshare – If there is no suitable approved child restraint available, children under the age of seven years must not be in the front row of seats where the bus or taxi has two or more rows of seats.

Legislation source

Fine for Non-restrained Passengers

One passenger – $550 and 4 demerit points
Two passengers – $600 and 4 demerit points
Three passengers – $700 and 4 demerit points
Four passengers – $800 and 4 demerit points

Fines legislation source

 

Important:

The information provided here is a summary of the various states legislations and may not be accurate. Please consult the links provided for the full legislation in your home state.

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