Is it illegal to fit a baby seat in the front seat of my car?

Really, it’s a question that begs another question: why would you want to put a baby seat in the front seat?

As the parents of small, wriggly humans know, strapping them into the back of the car and closing the door for 30 seconds of peace while you walk (slowly) to the driver’s side can sometimes be the most relaxation you get all day.

But there are times that seat location might require a little flexibility. Perhaps you drive a two-seater, or you have more children that you do space in the back. The answer, then, comes down to both the type of vehicle you drive and how many little ones you have in tow.

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As with many road rules, the guidelines – and fines – vary state by state. Here’s what you need to know, depending on your location:

"A passenger who is under four years old must not be in the front row of a motor vehicle that has two or more rows of seats,” a spokesperson for ACT Policing told Drive.

In addition, “Children over the age of four but under seven years… must not be seated in the front row of a motor vehicle that has two or more rows of seats, unless all other seats are occupied by passengers who are also less than seven years old.”

No matter where they sit, all kids under four must be in an approved child restraint, while those aged between four and seven should be seated in an approved forward-facing child restraint or a properly positioned and approved booster seat. Kids over seven? They can sit in a regular passenger seat, with seat belt firmly fastened.

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Here, children under four must only travel in the back seat of a vehicle, without exception, states the Department of Transport and Planning.

Aged between four and seven, they can occupy a front seat only if all the rear seats are taken by other passengers under seven years old. If this is the case, you’ll also need an approved booster seat without a top tether strap, as there are no anchorage points in the front position.

As a general rule, your child will need to be at least seven to sit in the front without a booster. Only have one row of seats? VicRoads guidelines state that if your vehicle doesn’t have a back seat, such as a van or ute, a child can travel up front only if they are in a child restraint. Note that rear facing options can't be used in the front seat if it has a passenger airbag.

As stated in Rule 266 of the Road Rules 2014 for NSW, driving with children less than four years old in the front row of a vehicle that has two or more rows of seats attracts a penalty of $352 and three demerit points. However, if your vehicle has just one row of seats, a child can occupy a spot up front but must be strapped into an approved and properly fitted child car seat for their age and size.

As outlined by the NSW Government website, kids aged between four and seven may sit in the front only if the available seats in the back are all occupied by younger children. An approved car seat is still a must.

Limited exemptions do apply for children with medical conditions or a disability, and a medical certificate is required here. In this case, you must comply with all conditions listed on the certificate, including the use of the correct alternative restraint.

A spokesperson for WA Police told Drive, "It is an offence for a child under seven years of age to be in to be in the front row of a vehicle with two or more rows of seats. [The fine is] 12 penalty units (PU) and four demerit points."

The value of a penalty unit is $50 in WA, so you’re looking at a $600 fine for riding with your child up front.

According to the WA Department of Transport, kids aged between four and seven can travel in the front seat only if all other rear seats are filled with passengers aged under seven. And, yes, they’ll still need to be in a properly fitted child restraint.

"Children under the age of seven cannot travel in the front seat of a car unless there is no other seating position available,” said a spokesperson from Queensland Transport and Main Roads. “Children under the age of seven must be restrained in an approved child restraint and all other passengers must wear their seatbelt correctly. Drivers who disobey child restraint rules and don’t ensure all passengers are properly restrained face a fine of $1078 and four demerit points."

Indeed, the Queensland Government website states that if your car has more than one row of seats, kids under four must be in the back, in an approved child seat. Little ones aged four to seven can only sit in the front seat if all other seats are occupied by kids under seven, while older children can sit in the front seat.

If your car has just one row of seats, children of any age can sit in the front, so long as they’re properly restrained. Note that if the vehicle has a passenger airbag, a rear-facing child restraint shouldn't be used in the front seat.

"It is a legal requirement for children to be restrained in an approved child seat until they are seven years old,” a spokesperson for Tasmania Police told Drive. “Children under four years old can sit in the front seat if the car does not have a back seat – for example, a ute – but the child must be in an approved car seat that has been properly fitted and secured.”

If the child is over four, they can be seated in the front if all rear seats are full of other, younger children, however the rule still applies that “the child must be in an approved car seat or booster seat that has been properly fitted.”

And remember: “The penalty for having a child under four years seated incorrectly in the front seat is three demerit points and a $407.25 fine."

The Northern Territory Government’s Department of Infrastructure, Planning and Logistics website states that kids under four years of age must not be seated in the front row of a vehicle with two or more rows.

Children from four to under seven years old can only sit in the front row of a car with two or more rows when all other seats are occupied by children of a lesser age in an approved child restraint.

Note that the penalty is $480, plus a $20 Victims of Crime levy and three demerit points per child not appropriately restrained.

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