South Australia
Understanding road laws
Introduction
When children are prescribed special purpose car seats, modified Australian standard car seats, harnesses/vests, and other devices (e.g seatbelt buckle covers) there are specific road rules and vehicle standards that must be complied with in South Australia.
The most common rules for South Australia are summarised below.
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Road rules
There are different rules for transporting children under 7 years, and children 7 to under 16 years, and vehicle standard exemption requirements to comply with (see below).
If a child with disability or medical condition (under 16 years of age) is prescribed a special purpose car seat, modified Australian standard car seat, or harness/vest the driver is required to comply with the following road rules.
Children under 7 years (special purpose car seat)
The driver is exempt from transporting a child in an Australian standard car seat, and able to transport the child in a special purpose car seat providing:
* the driver is carrying a medical certificate that states the child is unable to travel in a Australian standard car seat because of their medical condition or disability
* the child is travelling in a child restraint designed for a person with a disability or medical condition
* the driver is complying with any conditions stated in the medical certificate
Children under 7 years (modified Australian standard car seat, harness/vest)
The driver is exempt from transporting a child in an Australian standard car seat, and able to transport the child in a modified Australian standard car seat or harness/vest providing:
* the driver is carrying a medical certificate that states the person should not wear a seatbelt because of a disability or medical condition
* the person is complying with any conditions stated in the medical certificate
Children 7 to under 16 years (all restraint types)
The driver is exempt from transporting a child in an Australian standard car seat or vehicle seatbelt, providing:
* the driver is carrying a medical certificate that states the person should not wear a seatbelt because of a disability or medical condition
* the person is complying with any conditions stated in the medical certificate
MACA wrote to the South Australian (SA) government, on 15 March 2023 requesting removal of the barriers in SA legislation, and government processes, impacting families whose children require access to specialty child restraint products. These barriers also impact suppliers and health professionals.
For example, families whose children are prescribed specialty child restraint products are currently required to attend the Department for Infrastructure and Transport’s (DIT), Regency Park office to obtain a certificate of exemption. This exemption relates only to the vehicle/s that DIT staff have reviewed, and the process needs to be repeated if a child travels in other vehicles, or the family change their vehicle.
This process is unnecessarily and unfairly disadvantaging the rights of children with disabilities to access the products they need for daily transport.
For more information, contact DIT Tel: 1300 882 248, Email: vehiclestandards@sa.gov.au
Advice to Parent form
MACA recommends an Advice to Parent form be carried in each vehicle the child travels in. In some states and territories, this is a legal requirement.
The MACA Guide, provided free to participants of our online training course, includes detailed information to assist prescribers in completing the form.
Disclaimer: The Advice to Parent form is only for use by MACA trained professionals. MACA bears no responsibility for unauthorised use of this form.
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