Western Australian Consolidated Regulations

ROAD TRAFFIC CODE 2000 - REG 235

235 .         Driver to ensure that children under 12 months of age wear a child restraint

        (1)         A person shall not drive a motor vehicle on a road unless every passenger under 12 months is wearing a suitable child restraint and the restraint is properly adjusted and securely fastened.

        Points: during a holiday period 8; otherwise 4

        Modified penalty (in each case): 10 PU

        (2)         It is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that —

            (a)         the motor vehicle was a passenger car manufactured on or before 1 July 1976 or any other vehicle not required to be fitted with child restraint anchor points and was not, in fact, fitted with child restraint anchor points;

            (b)         the motor vehicle was a taxi or a special purpose vehicle;

            (c)         the passenger had a medical certificate at the relevant time and, if required to do so, the medical certificate was produced by the driver; or

            (d)         at the relevant time, the passenger was not wearing a child restraint because of exceptional circumstances, such as a medical emergency.

        [Regulation 235 amended in Gazette 1 Dec 2000 p. 6754; 8 Mar 2002 p. 948; 22 Dec 2006 p. 5821; 5 Apr 2007 p. 1557.]