Seatbelts, child restraints and phone laws in New South Wales

By the end of this topic you can

• You can wear a seatbelt correctly and check your passengers' belts.
• You can choose the right child restraint for a child's age.
• You can explain exactly what L and P drivers may and may not do with a phone.
• You can name the main distractions inside and outside the car.
• You can describe the penalties, including double demerits.

What you need to know and understand

• Every driver and passenger must wear a seatbelt, each in their own seat.
• The driver is responsible for passengers under 16. Passengers 16 and over can be fined themselves.
• Children under 7 must use an approved child restraint suited to their age and size.
• Learner, P1 and P2 drivers must not use a phone at all while driving, even when stopped at lights or in traffic.
• Any driver can use a phone when parked out of the line of traffic. The engine does not need to be off.
• Mobile phone and seatbelt offences attract double demerit points in holiday periods.
• Taking your eyes off the road for 2 seconds at 50 km/h means travelling about 28 metres blind.

Seatbelts and child restraints

Wear your belt 'low, flat and firm': low across your hips, with no twists, pulled firm over your shoulder rather than under your arm. No one may travel in a boot, a ute tray or a trailer.

• Under 6 months: rear-facing child car seat.
• 6 months to under 4 years: rear-facing seat, or forward-facing seat with an inbuilt harness.
• 4 to under 7 years: forward-facing seat with an inbuilt harness, or an approved booster seat.
• 7 to 16 years and too small for an adult belt: a booster seat is recommended. The suggested height for an adult belt is 145 cm.
• Children under 4 must not sit in the front if the car has two or more rows of seats.

Phones: the rules for L and P drivers

While driving, including when stopped at lights or in traffic, you must not use a phone for calls, texts, music, maps, social media, photos or anything else. That covers handheld phones, phones in a holder and Bluetooth hands-free. There are only two exceptions: showing your digital licence when police ask, and using a phone wallet in a car park, driveway or drive-through while the car is stationary.

Full licence holders may make calls and play audio by Bluetooth, or use a phone in a fixed commercial holder for calls, audio and navigation. They must never hold the phone.

Screens and other distractions

• Built-in screens and GPS units are allowed as a driver's aid if fixed in a holder or built in.
• Passengers may use screens, but not where the driver can see them.
• Passengers your own age raise crash risk. Ask them to keep noise down.
• Do not drive with an animal on your lap.
• Put loose items in the boot or a bag.

Penalties and enforcement

Mobile phone detection cameras and seatbelt cameras operate anywhere, any time. Phone and seatbelt offences carry fines and demerit points, doubled in holiday periods. A learner or P1 driver caught using a phone illegally goes over their demerit limit and loses their licence. Deeper guides on this site cover the phone and screen rules for L and P platers, plus demerit points and speed limits.

Common mistakes

• Using Bluetooth for a quick call on your Ps. Hands-free use is banned for all L, P1 and P2 drivers.
• Picking up the phone at a red light. Stopped in traffic still counts as driving.
• Wearing the sash under your arm or behind your back. It must cross your shoulder.
• Putting a 5-year-old in an adult belt. They still need a booster or harnessed seat.

Test yourself: Seatbelts, child restraints and phone laws in New South Wales

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

Go deeper

• NSW Mobile Phone Rules for L and P Platers
• NSW Demerit Points for L and P Platers
• NSW Speed Limits for Learners and P Platers