Can you carry six people in a five-seat car? The answer is no, regardless of where you are in Australia. However, passenger restriction laws and penalties differ slightly from state to state.
The passenger restriction laws in each state and territory require that every passenger wear their own seatbelt. Some sets of road rules say it’s illegal to ride in any part of a vehicle not meant for passengers.
Refer to our table for a state-by-state comparison of rules and penalties:
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| State or Territory | Penalty |
| NSW |
A person must occupy a proper seating position with a dedicated seatbelt. The state has seatbelt cameras in place to monitor this. It’s illegal and unsafe to have too many people in a car, especially sitting on the floor or on other people's laps. It's also illegal for passengers to ride in the boot of a car or any part of a vehicle meant for carrying goods. Fine: $410 to $1,728 Demerits: 3 points to 6 points Note: Fines and demerit points may increase during double demerit periods. |
| QLD |
Drivers are penalised with a fine and demerit points if they are caught doing any of the following:
Passengers aged 16 years or older may also be penalised for not wearing a seat belt. Fine: $1,209 |
| NT |
As the driver of a vehicle, you’re responsible for making sure all passengers are properly restrained in a seat belt or approved child restraint. Fine: $500 |
| WA |
Drivers and passengers must sit in a seat that has a seatbelt available and the seatbelt must be fastened and worn correctly. Passengers can't travel in the back of a ute, trucks or panel van, unless there are approved seatbelts provided. Fine: $550 to $900 Demerits: 4 points Note: Fines and demerit points may increase during double demerit periods. |
| SA |
Drivers must make sure that they and any other passengers in the vehicle are wearing their seatbelt, regardless of their age. However, passengers are also responsible. Authorities can issue fines to both drivers and passengers aged 16 and older for not wearing a seatbelt. Drivers also need to make sure passengers are seated in parts of the vehicle designed for them. Fine: $435 to $514 Demerits: 3 points to 5 points |
| ACT |
It’s an offence to drive while not wearing your seatbelt or to allow passengers to travel in your car without seatbelts. It's also an offense to travel in part of the vehicle not meant for passengers. Fine: $228 to $243 Demerits: 3 points Note: Fines and demerit points may increase during double demerit periods. |
| TAS |
It’s illegal for any passenger to be without a seatbelt, or to travel in any part of a car not meant for passengers. Fine: $404 or $454.50 Demerits: 3 points |
| VIC |
Everyone travelling in a motor vehicle must wear a child restraint, booster seat or seat belt that is properly adjusted and fastened. Passengers must also be in separate seats and in sections of the vehicle designed for sitting. Fine: $395 Demerits: 3 points |
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| State or Territory | Penalty |
| NSW |
Drivers under 25 on their P1 licence can’t drive with more than one passenger under 21 between 11 PM and 5 AM. This doesn’t apply to their immediate family members. Fine: $682 Demerits: 7 points |
| QLD |
Drivers under 25 on their P1 licence can’t drive with more than one passenger under 21 between 11 PM and 5 AM. This doesn’t apply to their immediate family members. Fine: $483 Demerits: 3 points |
| VIC |
P1 drivers can’t carry more than one passenger aged between 16 to 22. Fine: $593 Demerits: 3 points |
| SA |
If you’re a P-plate driver under 25, you can’t drive with more than one passenger aged 16 to 20. This rule doesn’t apply to immediate family members, or if a person with their full licence is sitting next to you and supervising. Fine: $428 Demerits: 3 points |
| ACT |
P-plate drivers can’t drive with more than one passenger aged 16 to 22 between 11 PM and 5 AM. This rule doesn’t apply to immediate family members. Fine: $535 Demerits: 3 points |
This article has been prepared by Allianz Australia Insurance Limited ABN 15 000 122 850 AFSL234708 (“Allianz”). In some cases, information has been provided to us by third parties and while that information is believed to be accurate and reliable, its accuracy is not guaranteed in any way.
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