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 approved vehicle restraints, which are generally Australian standard car seats and seatbelts that comply with the Australian Design Rules. The type of vehicle restraint required will depend on the person's age and size.
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 a non-approved vehicle restraint, or is unable to wear the seatbelt properly adjusted and fastened. Examples of alternative methods of travel include:
- 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)
- additional recline (which may mean the seatbelt is not being worn properly adjusted and fastened)
- in rare cases, no child restraint or vehicle seatbelt
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 (all alternative methods of travel)
The driver is exempt from transporting a passenger in an Australian standard car seat, and able to transport the child in an alternative method of travel 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 7 to under 16 years (all alternative methods of travel)
The driver is exempt from transporting a passenger in an Australian standard car seat or seatbelt, and able to transport the child in an alternative method of travel 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 (all alternative methods of travel)
A person is exempt from wearing a seatbelt, and able to travel in an alternative method, 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
Transport safety advice for parents/clients
MACA recommends that a Transport Safety Advice Form be completed by a prescriber (e.g., occupational therapist) where a person with disability/medical condition has been assessed and prescribed an alternative method of travel.
It is recommended that this form is carried in the vehicle the person travels in at all times as it provides important information about the prescribed alternative method of travel.
This prescriber form has been developed by MACA for use by MACA trained allied health professionals and is available to MACA trained professionals from MACAhub Pro.
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