Seatbelts, child restraints and phone laws in Western Australia

By the end of this topic you can

• You can wear a seatbelt correctly and check passengers are restrained.
• You can choose the right child restraint and seat position for a child's age.
• You can use a phone only in the ways WA law allows.
• You can state the fines and demerit points for seatbelt and phone offences.
• You can set up your car before driving to avoid distraction.

What you need to know and understand

• Every driver and passenger must be properly restrained in a seat. Two people must never share one belt.
• The driver is responsible for passengers under 16 being restrained, and for children under 7 being in a suitable, properly fastened child restraint.
• Babies under 6 months must be in a rear-facing restraint in the back seat.
• Children aged 6 months to under 4 need a rear-facing restraint or a forward-facing one with an inbuilt harness. Children aged 4 to under 7 need a forward-facing harnessed restraint or a booster seat.
• Riding in the open tray or load space of a ute or any vehicle is illegal.
• An unrestrained driver faces a $550 fine and 4 demerit points, with higher fines for each unrestrained passenger.
• Holding or touching a phone while driving: $500 and 3 demerit points. Creating, sending or looking at texts, emails, social media or videos: $1,000 and 4 demerit points. Points double in holiday periods.

Wearing a belt the right way

The lap part should sit low and firm across your hips, and the sash should cross your shoulder, never under your arm or behind your back. The buckle should be at your side, with no twists. Pregnant women must wear a belt, with the lap part below the baby, unless they have a medical exemption.

A frayed, faded or damaged belt is illegal and unsafe and must be replaced. Belts must be worn on every trip, however short; many crashes happen close to home.

Where children can sit

In a car with two or more rows of seats, children under 7 must sit in the back. Children aged 4 to under 7 may only sit in the front if every back seat is already taken by children under 7. From age 7, children can sit anywhere as long as they are properly restrained. Restraints must meet Australian Standards.

What you can and cannot do with your phone

These Road Safety Commission rules apply to every driver, including learners and P platers. The safest choice is to set your music and navigation before you move and put the phone out of reach.

• Allowed: making or taking a call if the phone is in a mounting fixed to the car, or if you can use it without touching it.
• Allowed: GPS navigation if the phone is in a fixed mounting and you do not touch it.
• Not allowed: holding, touching or resting the phone on your body while driving.
• Not allowed: creating, sending or reading texts, emails, social media posts, photos or videos.
• Remember: you are still driving when stopped at lights or in traffic, so the rules still apply.

Common mistakes

• Wearing the sash under your arm for comfort. It must cross your shoulder.
• Putting a 5-year-old in the front when back seats are free. They must sit in the back.
• Checking a message at a red light. You are still driving and the $1,000 penalty applies.
• Touching a mounted phone to change your navigation route. Pull over safely first.
• Letting friends ride in a ute tray for a short trip. It is illegal at any distance.

Test yourself: Seatbelts, child restraints and phone laws in Western Australia

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Learning to Drive in WA
• Moving to WA
• Driving Techniques for Safer Drivers