Child restraints for children travelling in taxis & hire vehicles (including rideshare)

When passengers travel with infants or children in a taxi or hire vehicle (including rideshare), there are certain child restraint requirements which must be followed.  These requirements differ between taxis and hire vehicles so it is important, for the safety of infants and children that service providers, drivers and passengers understand and comply with these requirements.
The requirements set out below should be read in conjunction with the Road Rules 2014 (Road Rules).

 Driving with a child in a taxi

Children under the age of 12 months are not permitted to travel in a taxi unless they are secured in an approved child restraint as follows:

  • Children aged less than 6 months must be secured in a properly fastened rear facing child restraint. 
  • Children aged between 6 to less than 12 months, must be secured in a properly fastened rear facing or forward facing child restraint with a built in harness.    

In taxi, children over 12 months are permitted to travel wearing a properly adjusted and fastened seatbelt – but parents or taxi service providers may wish to provide or use a child restraint.

The above requirements should be read in conjunction with the Road Rules.

Driving with a child in a hire vehicle

Children under the age of 12 months are not permitted to travel in a hire vehicle unless they are secured in an approved child restraint as follows:

  • Children aged less than 6 months must be secured in a properly fastened rear facing child restraint. 
  •  Children aged between 6 to less than 12 months, must be secured in a properly fastened rear facing or forward facing child restraint with a built in harness. 

Children aged 12 months to less than 4 years are not permitted to travel in a hire vehicle unless they are secured in an approved rear facing or forward facing child restraint with a built in harness.

Children aged 4 years old to less than 7 years old are not permitted to travel in a hire vehicle unless they are secured in an approved forward facing child restraint with a built in harness or an approved booster seat. 

The above requirements should be read in conjunction with the Road Rules.

Frequently asked questions

Who supplies the child restraint when travelling in a taxi or hire vehicle? 

Taxi or hire vehicle drivers are not required to provide a child car seat or booster seat, although some vehicles have them available. If you need a child restraint for your child, you should ask if there is availability of a suitable restraint when booking a taxi or hire vehicle, or take one with you. All vehicles must be fitted with child restraint anchorage points. In NSW, all wheelchair accessible taxis and wheelchair accessible hire vehicles are required to carry an approved child restraint.

What happens if there is no approved child restraint?

Taxis

  • The driver of a taxi is not able to provide the service and may legally refuse to accept a hiring if one of the intending passengers is under the age of 1 year old and neither the driver of the taxi nor the passenger is carrying an approved child restraint appropriate for the infant’s age.

Hire vehicles (including rideshare)

A driver of a hire vehicle may legally direct a person to leave, or not to enter, the vehicle if one of the intending passengers is under the age of 7 years old and neither the driver of the hire vehicle nor the passenger is carrying an approved child restraint appropriate for the child’s age. 

Are their penalties for non-compliance?

Fines and demerit points apply for taxi and hire vehicle drivers who drive with a passenger(s) under the age of 16 not restrained according to the Road Rules. 

What are the responsibilities of service providers?

Authorised taxi and/or booking service providers are responsible for the health and safety of their drivers and passengers.  Service providers must ensure that their drivers are aware of, and consistently apply, the child restraint requirements as outlined in the Road Rules and the Point to Point Transport (Taxi and Hire Vehicle) Regulation 2017.

Service providers must also ensure vehicles are fitted with child restraint anchorage points and that all wheelchair accessible vehicles carry approved child restraints.

Where can I go for further information?