🚗 Understanding the Penalties: NSW Fines and Demerit Points for Driving with a Child Not Properly Restrained in 2025

As the holiday season approaches, many families across New South Wales hit the road for day trips, family visits, and holidays.While the excitement builds, so does the risk of traffic incidents — and with that, a renewed focus on child car seat safety.

At ViaCrucis Fitting & Consulting, we believe safety goes far beyond compliance. But understanding the law is the first step to keeping your little ones protected — and avoiding hefty fines.

⚖️ The Law in NSW

Under NSW road rules, every child must be secured in an approved child restraint that’s correctly fitted and suitable for their age and size.

Here’s what the law requires:

• Under 6 months: Must use an approved rear-facing child car seat.

• 6 months to under 4 years: Must use either a rear-facing or forward-facing child car seat with an inbuilt harness.

• 4 to under 7 years: Must use a forward-facing seat with a harness or an approved booster seat.

• 7 years and over: If the child is too small for an adult seatbelt, they must use an approved booster seat.

All seats and boosters must be:

• Properly fastened and secured to the vehicle

• Adjusted to fit the child’s body

• Approved under Australian/New Zealand Standard AS/NZS 1754

💰 Penalties for Non-Compliance

If you’re caught driving with a child who isn’t properly restrained, the penalties are significant.

As of 13 November 2025, NSW penalties are:

• Fine: $423 per child

• Demerit Points: 3 points

👉 During holiday periods, these offences attract double demerit points — which means a single mistake could cost you six points per child.(You can check upcoming double demerit periods on the Transport for NSW website.)

Each unrestrained child is treated as a separate offence, so multiple penalties can apply.

🚨 Why the Harsh Penalties?

The strict rules exist for one reason — to save lives.

According to Transport for NSW:

• Properly restrained children are up to 70% less likely to be killed or seriously injured in a crash.

• Around 15% of NSW road fatalities still involve people not wearing a seatbelt or restraint.

• Over 220 people are injured each year in NSW due to not being properly restrained.

Children are especially vulnerable. Their developing bodies need the extra support and containment that only an approved, correctly fitted restraint can provide.

⚠️ Beyond Fines: The Real Consequences

While a $423 fine and a few demerit points sting, the potential long-term consequences are far more serious.

• Increased risk of injury or death: An unrestrained or incorrectly restrained child can be thrown forward in a crash, even at low speeds.

• Legal liability: If an unrestrained child is injured in an accident, the driver could face serious legal consequences.

• Insurance implications: Many insurance policies may not cover injuries to improperly restrained passengers.

These penalties are a reminder that compliance isn’t just about the law — it’s about protecting precious lives.

🛠️ How to Stay Compliant and Keep Kids Safe

Avoid fines — and keep your children safe — with these simple steps:

1. Choose the right restraint:Ensure the seat is age- and height-appropriate, approved to AS/NZS 1754, and in good condition.

2. Get it professionally installed:Incorrect installation is one of the most common safety risks. Have your car seat fitted or checked by an Accredited Child Restraint Fitter.

3. Check regularly:As children grow, straps and harnesses need to be adjusted. Make it part of your regular car safety routine.

4. Plan ahead:If multiple vehicles or carers transport your child, make sure each car has a properly installed restraint.

5. Stay informed:Laws and penalties can change. Always check the NSW Government website for the latest updates.

💬 Final Thoughts

The fines and demerit points for driving with an improperly restrained child in NSW are steep — but they’re nothing compared to the cost of a preventable injury.

Ensuring your child is properly secured every time you drive isn’t just about avoiding penalties — it’s about protecting what matters most.

If you’re unsure about your car seat’s installation or compliance, ViaCrucis Fitting & Consulting can help.We offer mobile and onsite fittings across Liverpool, Gledswood Hills, and South West Sydney, performed by accredited professionals who follow both legal and best-practice safety standards.

👉 Book your professional car seat fitting today to make sure your child’s seat is installed safely, correctly, and confidently — every trip.

❓ Frequently Asked Questions (FAQs)

1. What is the fine for driving with an unrestrained child in NSW?

As of November 2025, the fine for driving with a child who isn’t properly restrained is $423 and 3 demerit points per child. During holiday periods, these penalties double, meaning you could lose 6 points per child.

2. Can I use a second-hand child car seat?

You can — but only if it meets Australian Standard AS/NZS 1754, has no signs of damage or wear, hasn’t been in a crash, and comes with clear labelling and instructions. If in doubt, it’s safer to purchase a new restraint.

3. Do all child car seats in Australia need a top tether?

Yes. In Australia, all rear- and forward-facing child restraints must use a top tether strap to prevent forward movement during a crash. This is part of the Australian Standard AS/NZS 1754.

4. How can I check if my car seat is installed correctly?

You can visit an authorised car seat fitting station or book a mobile fitting service like ViaCrucis Fitting & Consulting. Our accredited fitters ensure your child restraint meets legal and safety standards.

5. What age can my child sit in the front seat in NSW?

Children under 4 years old cannot sit in the front seat. Children between 4 and 7 years may sit in the front only if all back seats are occupied by younger children — and they must use an approved restraint or booster seat.

6. What should I do if my child outgrows their car seat?

If your child’s shoulders are above the top harness slots or their ears reach the top of the seat, it’s time to move to the next size restraint or booster seat that still meets safety standards.

7. Where can I get my car seat checked or installed in Sydney?

ViaCrucis Fitting & Consulting offers professional child car seat fitting and safety checks across Liverpool, Gledswood Hills, and South West Sydney.We can inspect, adjust, or install your seat to ensure it meets all NSW road and safety regulations.

8. Why are the fines and demerit points for unrestrained children so severe?

Because the consequences can be devastating. Proper restraints reduce the risk of serious injury or death by up to 70% in a crash. The fines are designed to reinforce how vital it is to secure children correctly, every trip.