Wearing a seatbelt doubles your chances of surviving a serious crash, yet despite the benefits shown by road safety research time and time again, too many people do not take the time to “buckle up”.
On average, 35% of all drivers and passengers killed and 12% of vehicle occupants seriously injured are not wearing a seatbelt at the time of the crash. Some of these are children.
Statistics show that nearly 60 child passengers aged 0-16 years are killed or seriously injured in South Australia each year. Nearly one third of these are aged 0-7 years.
A further 365 sustain minor injuries every year. Just over 45% of passenger deaths and a quarter of those seriously injured in this age group were not wearing a restraint at the time of the crash.
Wearing a seatbelt can be a life or death decision – both for you and your passengers. It doesn’t matter if you are only travelling a few kilometres because most road crashes happen close to home and it does not make any difference if you are sticking to the posted speed limits or travelling very fast because a crash at 40 kilometres is like falling from a two storey building onto concrete. Passengers not wearing seatbelts can kill or seriously injure others in the car if, for example, the driver has to brake suddenly.
Research also suggests that children are being moved into bigger seats – or are prematurely graduating to seatbelts alone – when this is not appropriate for their size. As a result, those children are exposed to a greater risk of injury. A child that is properly secured in an approved child restraint is less likely to be injured or killed in a car crash than one who is not.
By law, drivers must ensure that they and any other passenger in the vehicle is wearing their seatbelt, regardless of their age. However, passengers are still accountable, with both drivers and passengers aged over 16 fined if they fail to wear a seatbelt. Up to 5 demerit points also apply.
The Government is committed to reducing road trauma in South Australia and non-restraint continues to be a factor in fatalities and serious injuries.
Remember - a restraint or seatbelt will not work at all if it hasn’t been correctly fastened. Buckle up - and you double your chance of surviving a crash.
Tips for using seatbelts or child restraints effectively:
- seatbelts and restraints will only work with maximum effectiveness if they are appropriate for the age and size of the passenger. They should also:
-
- fit snugly
- be in good condition, not frayed, stretched or worn
- be strong and fastened comfortably – not too tight or loose
- be easy to use
- lie flat – not twisted
- have a buckle to that works.
- Teach your children about the importance of restraints and seatbelts – and don’t start the car until they are all correctly restrained. Airbags in a vehicle do not replace seatbelts and restraints.
- Children can contribute to seatbelt safety by remembering and reminding all other car occupants to buckle up – every time they travel.
- Always use seat belts and child restraints that are Australian Standards approved and correctly installed.
What the Law says
Passengers over 16 years
Under the Australian Road Rules, passengers over 16 years must occupy a seat fitted with a seat belt if such a seat is available. The seat belt must be worn, and the responsibility for wearing it rests with both the driver and the passenger.
In addition, drivers must wear a seat belt if one is fitted to the driver’s seat. The seat belts must be worn properly adjusted and fastened.
Remember - A properly adjusted seat belt passes over the pelvis and hips, does not touch the wearer’s head or neck and is adjusted so that the buckle is at or below the hip. Make sure it is securely fastened. Seat belts are designed primarily for adults, but they also offer some protection for children.
Passengers under 16 years
At present, the law deals separately with children under one year old and those between one and 16 years.
Passengers under one year old must be restrained in a suitable, approved child restraint that is properly adjusted and fastened.
Passengers aged one year and over, but under 16 years, must occupy a seat fitted with a seat belt or suitable child restraint, if such a seat is available. The seat belt or child restraint must be worn properly adjusted and fastened in all motor vehicles.
Under this rule, a seat is classified as 'available' if it is not occupied by another person under the age of 16 years.
The responsibility for children under 16 years using restraints correctly rests with the driver.
Restrictions on where passengers can sit for vehicles without enough seatbelts
Passengers must not sit in the front row of seats in vehicles with more than one row of seats where seatbelts are not fitted, or there are not enough seatbelts. If the other seats are full, passengers aged 16 years or more can sit in the front row. Passengers aged less than 16 years may only sit in the front row if wearing a seatbelt that is properly adjusted.
Exceptions to wearing seatbelts
Seatbelts do not have to be worn by people if their doctor has written a letter stating that the person doesn't have to wear a seatbelt on the ground of physical disability or any medical ground. The person must have the letter with her or him, or a seatbelt must be worn.
New rules for child restraints…?
Following a decision by the Australian Transport Council, Transport Ministers from around Australia have agreed to amend the Australian Road Rules to introduce a mandatory size-appropriate restraint system for all children travelling in motor vehicles up to the age of seven years.
Penalties
The following table details the penalties for drivers now that they are responsible for ensuring that their adult passengers – aged 16 and over – are properly restrained, in the same way they are currently responsible for passengers under 16.
Passengers are still accountable, with both drivers and passengers aged over 16 fined if they fail to wear a seatbelt.
| Offence | Penalty |
|---|---|
| Driver not wearing a seatbelt | ‘On the spot’ fine; and 3 demerit points |
| Driver penalty for one passenger not wearing a seatbelt | ‘On the spot’ fine; and 3 demerit points |
| Driver penalty for more than one passenger not wearing a seatbelt | ‘On the spot’ fine; and 5 demerit points |
| Passenger not wearing a seatbelt (16 years or older). Both driver and passenger will be fined. | ‘On the spot’ fine; and 3 demerit points |
Publications
Download a copy of the child restraint brochure (PDF) relevant to you:
Seatbelts and pregnancy
Restraints for babies – up to 9kg
Child safety seats – 8 – 18kg
Child booster seats – 14 – 26kg
Child safety harnesses – 14 to 32kg
Seatbelts and child restraints – The Law
Child restraints - buying and fitting
A survey of drivers’ child restraint choice and knowledge in South Australia
http://casr.adelaide.edu.au/publications/researchreports/CASR012.pdf
A Simple Guide to Child Restraints – how you can protect your child (Australian Traffic Safety Bureau)
http://www.atsb.gov.au/publications/2007/pdf/Child_restraints.pdf
Information and/or assistance related to child restraints
RAA Child Safety Centre
101 Richmond Road, Mile End, SA
Ph: (08) 8202 4592
www.raa.net
Australian Red Cross Safety Advisory Centre
31 Sir Donald Bradman Drive, Mile End, SA
Ph: (08) 8443 9700
www.redcross.org.au/sa
KidSafe SA
72 King William Road, North Adelaide, SA
Ph: (08) 8161 6318
www.kidsafesa.com.au
Motor Accident Commission
www.mac.sa.gov.au
South Australia Police
School and Traffic Education Programs
(08) 8207 6585
www.police.sa.gov.au
Links
Royal Automobile Association (RAA)
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Seatbelt FAQs