QLD Law - Leaving your child in the car while getting petrol

[SilverStarfish]

After reading, and joining in, on several "child and getting petrol" threads I noticed that many people were saying that they thought it was illegal to leave a child unattended in a car. I contacted the QLD Department of Transport (our version of the NSW RTA) and asked them about where the law stood on the issue.

While I've posted their reply email to me below, the short version is that in Queensland it is not illegal to leave a child under 16 in the car while getting petrol provided that the car is switched off, the parking (hand) brake is applied and the key removed from the ignition.

Of course the final decision whether to leave your child in the car is entirely a personal parenting choice - this is just some more information for parents to consider when making it. And that's what bubhub is all about: sharing info :thumbsup:

Please don't make this another debate thread... been there done that:o


Dear Wendy

Thank you for your email below about the legal implications of leaving
children alone in a vehicle.

There are two aspects to this question; firstly, the obligations of a
driver leaving a vehicle and secondly the duty of a person who has care of
a child.

Section 213 of the Queensland Road Rules provides that when a driver has
stopped and is leaving the vehicle the driver must first apply the parking
brake and switch off the engine. If the driver is going to be more than 3
meters for the vehicle and there is no-one 16 years or older remaining in
the vehicle, the ignition key must also be removed. If no-one is remaining
in the vehicle the doors must be locked.

Section 286 of the Criminal Code Act 1899 (CCA) provides that it is the
duty of every person who has care of a child under 16 years to take action
that is reasonable in all circumstances to remove the child from any
danger. Section 326 of the CCA provides an offence for any person to
expose a child under the age of 7 years, to a situation whereby the life of
such child is or is likely to be endangered, or the child?s health is
likely to be permanently injured.

Consequently, it is permissible to leave a child under 16 in a vehicle at a
petrol station provided the parking brake is applied, the motor is switched
off, and the key removed.

If you need more information, please contact me again either by return
email or using the details below and I'll be happy to help you.

Regards

John N Burrill
Policy Officer (Legal and Cabinet)
Land Transport and Safety Division
Telephone: 3253 4505 Fax: 3253 4110

[Oscar's mum]

Well there you go. Is it illegal in other states?:confused:

[SilverStarfish]

Good question! Only one way to find out :detective:

I'll see what I can find out...

[veve]

wow - thanks faeml - I only ever leave JAck in the car if he is sleeping - but I really appreciate this thread!!! (I always locked the doors .. even before I had Jack .. too many dodgey people about!!! )

would be interesting to see what the rule is in other states!!! (have to love the convienience of email!!!)

xx
Jen

[SilverStarfish]

I love Google :thumbsup:


Ok, so I've sent the same email to these places:

RTA - NSW (http://www.rta.nsw.gov.au/)
Vic Roads - VIC (http://www.vicroads.vic.gov.au)
Main Roads - WA (http://www.mainroads.wa.gov.au)
Transport - SA (http://www.transport.sa.gov.au)
Service Tasmania - TAS (http://www.tas.gov.au/)
Roads ACT - ACT (http://www.roads.act.gov.au)

I'm having a harder time finding somewhere to ask for the Northern Territory. Any NT-ers out there?

I'll post any replies I get here.

[tweedledee*tweedledum]

Thankyou so much for that, hopefully it puts the "illegal" debate to rest, at least for Queenslanders! :thumbsup:

[SilverStarfish]

I've tried the Department of Health and Community Services (http://www.nt.gov.au/health/index.shtml) in NT... They might be able to point me in the right direction, anyhow :)

[SilverStarfish]

WA Main Roads was the first to reply.... to point me in the direction of the WA Police:


Dear Wendy,

Thank you for your email regarding laws about leaving children alone in
vehicles.

Main Roads WA is responsible for installation and maintenance of the
road network. The Police Service is the regulatory body responsible for
WA laws. As such, your query should be forwarded to them. They can be
contacted on 131 444.

Should you require any further assistance, please e-mail
enquiries@mainroads.wa.gov.au or call our 24 hour Contact Centre on 138
138.

Yours sincerely,
Adam Hazebroek
Customer Information Officer
Main Roads WA

I'll keep you posted :)

[JenNT]

I've tried the Department of Health and Community Services (http://www.nt.gov.au/health/index.shtml) in NT... They might be able to point me in the right direction, anyhow

pretty much anything goes up here:rolleyes: I will ask hubby when he gets home what the law is but i am sure its allowed, i would hope with the guidelines stated for QLD. Thats what i do anyway, never leave the keys,i put windows down though.
I know of a bad rule here is you can have as many occupants in the car as needed so long as all available seatbelts have been used first... who gets to be the unlucky ones?unreal.
We can also turn left at a red traffic light:confused: :banghead:

[Mamaduke]

For me...
there doesn't have to be an actual law to stop me from doing something or for me to realise it's dangerous.
I mean, there's no law in leaving my baby/children in the bath by themselves, but I know how dangerous that is.

[SilverStarfish]

Here's what the WA Police gave me:


Wendy,

Thank-you for E-Mail. In response to your query, Section 102 of the Children and Community Services Act 2004 deals with leaving children in vehicles unsupervised. A copy of the relevant legislation is below:

Children and Community Services Act 2004
Part 4 - Protection and care of children
Division 7 - Offences
Subdivision 1 - Children generally 22/Jan/2005 - Current


102. Leaving child unsupervised in vehicle
A person who has the care or control of a child and who leaves the child in a motor vehicle (as defined in the Road Traffic Act 1974) without proper supervision for such period or in such circumstances
that:

(a) the child becomes or is likely to become emotionally distressed; or

(b) the child's health becomes or is likely to become permanently or temporarily impaired,

is guilty of a crime, and is liable to imprisonment for 5 years.

Summary conviction penalty: $36 000 and imprisonment for 3 years.


Further information in relation to the protection of children in this state can obtained by accessing the State Law Publisher website. http://www.slp.wa.gov.au/statutes/swans.nsf

Regards


Peter HARRISON
Senior Constable 7920
Legal Services
Ph: 92687872
Fax: 92687880
E-Mail: peter.harrison@police.wa.gov.au

[SilverStarfish]

I received an email from Service Tasmania this morning pointing me in the direction of www.thelaw.tas.gov.au In there I found the following information:


213. Making a motor vehicle secure


(1) This rule applies to the driver of a motor vehicle who stops and leaves the vehicle on a road (except to pay a fee for parking the vehicle) so the driver is over 3 metres from the closest part of the vehicle if there is nobody 16 years old, or older, in the vehicle.

(2) Before leaving the motor vehicle, the driver must comply with this rule, except so far as the driver is exempt from this rule under another law of this jurisdiction.

Penalty:

Fine not exceeding 10 penalty units.
(3) The driver must –

(a) switch off the engine; and

(b) apply the parking brake effectively or, if weather conditions (for example, snow) would prevent the effective operation of the parking brake, effectively restrain the motor vehicle’s movement in another way.

(4) If there is nobody in the motor vehicle, the driver must –

(a) remove the ignition key; and

(b) if the doors of the vehicle can be locked – lock the doors.

[SilverStarfish]

Got an email from the Department of Health and Community Services in NT this evening. They gave me an email address for Child Protection System, so I've written to them too.

It's interesting that almost every state has directed me to a different body - police, child services, legal aid agencies... :detective: No wonder people get confused about these things!!

[SilverStarfish]

This morning in my Inbox I had an email from a nice lady from NT government who didn't know what the rules were either and gave me a link to NT Legislation and the Department of the Chief Minister: http://www.nt.gov.au/dcm/legislation/current.html

I've started trawling though that, though all I was able to come up with at first was a whole bunch of rules about the hazard lights that must be fitted to childrens school buses :confused:

After hunting through more of the website I was only able to find the following information which, I think, means that it's probably ok... :o


81D.Making motor vehicle secure

The driver of a motor vehicle in the Territory is exempted from the operation of rule 213(3) and (4) in circumstances where a child or children under 16 years old are left in the vehicle if –

(a) the driver reasonably considers it preferable not to comply with the rule; and

(b) it is safe to not comply with the rule.

And here's rule 213 - with (3) and (4) highlighted:


213 Making a motor vehicle secure

(1) This rule applies to the driver of a motor vehicle who stops and leaves the vehicle on a road, except so far as the driver is exempt from this rule under another law of this jurisdiction.

(2) Before leaving the vehicle, the driver must apply the parking brake effectively or, if weather conditions (for example, snow) would prevent the effective operation of the parking brake, effectively restrain the motor vehicle’s movement in another way.

(3) If the driver will be over 3 metres from the closest part of the vehicle, the driver must switch off the engine before leaving the vehicle.

(4) If the driver will be over 3 metres from the closest part of the vehicle, and:

(i) there is no-one left in the vehicle; or

(ii) there is only a child or children under 16 years old left in the vehicle; the driver must remove the ignition key before leaving the vehicle.

(5) If:

(a) the driver will be over 3 metres from the closest part of the vehicle; and

(b) there is no-one left in the vehicle; and

(c) the doors of the vehicle can be locked; the driver must also lock the doors of the vehicle immediately after leaving the vehicle.

I think JenNT was right. Anything goes when your laws have a disclaimer actually saying that its ok to break them when "the driver reasonably considers it preferable not to comply"


:laughing:

[JenNT]

mmmmmmmmmm not good enough is it...........i could go on and on about ridiculous ways up here.......unlimited speed is one.........and monetary fines for other driving offences inc drink driving, we have no points system, just pay your bill and off you go.
Sorry for going off track........oooh bad choice of words Jen:laughing:

[our little treasures]

I didn't realise it was illegal not to lock your car!! As that is the one thing they are all saying keys out of the ignition and lock the car door!! I hope I don't get arrested because I do this all the time!!:laughing:

In vic where I live I have never seen a parent take their children in to pay for petrol!! I don't understand what the fuss is about??!!:confused: I do leave my 2 in the car but saying this I do usually only use the petrol station with eftpos on the machines anyway. The odd occasion I do have to go in and pay but my eyes do not leave the car for longer then a second!!

[babylover111]

Nothing from NSW yet??

[SilverStarfish]

no, nothing from NSW, VIC or SA yet.

I might try their police services next... :detective:

[mumofyaz]

If you want to trawl through law, the correct legislation would be the Child Welfare Act, however I don't think you'll find anything specific in any legislation anywhere in Oz about leaving a child in a car while you get fuel! You will find things about the necessities of life, such as providing sufficient, food, shelter etc, so if you are talking leaving a child in a hot, locked car while you go to the pokies, then that's different and you could be prosecuted here (and I assume elsewhere under similar pieces of legislation) also under the Criminal Code Act, being an offence called Dangerous Act which is something that a reasonable person would know has the serious potential to cause harm, but you did it anyway. Don't think leaving kids in the car while you duck in to pay for fuel constitutes that unless the line is a hundred people long after they've put the fuel to 50c a litre for the day and you've locked them in, left them with the keys and a packet of matches and it's 30'!! Hope that helps.

[SilverStarfish]

Thanks :) I'll trawl sometime later when I'm in the mood.

No, I never thought I would find any specific legislation about cars, children & petrol. It was more for curiosity's sake after so many people claiming that it was illegal.

However, it has been an interesting exercise in finding out how complicated it can be to find legal information and how each state has its own rules and regulatory bodies. You'd sometimes wonder if we were all actually in the same country!!

[Amberlea]

basically we can understand that a child should not be left in a car if the keys are left in it etc..thats common sense anyways - I have always taken the keys out and my eldest is 8.
Its not illegal to leave yr child in the car, but if the car is stolen with your child inside and you have left the keys in it - you will be held responsible... thats enough to make any of us think twice.

[SilverStarfish]

Got a response from the DTEI in South Australia - who have pointed me in the direction of the SA Department for Families and Communities...


Dear Wendy

Thank you for your email enquiry regarding leaving children unattended
in vehicles.

As this is not a matter which is covered by road transport legislation,
I am unable to address your query. I suggest you contact either the
Legal Services Commission on 1300 366 424, or the Department for
Families and Communities at enquiries@dfc.sa.gov.au, who may be able to
provide you with further information.

Kind regards,

Jenna Phillips
Senior Project Officer
Legislation and InterGovernment Relations
TRANSPORT PLANNING DIVISION
DEPARTMENT FOR TRANSPORT, ENERGY AND INFRASTRUCTURE

[jessgray]

i always thought it was illeagle, coz parents who do it at crown get in to trouble:confused:

[RedPanda]

i always thought it was illeagle, coz parents who do it at crown get in to trouble:confused:
I think that's because they leave their children in the car for hours on end so they can gamble. Some children have been left in cars overnight at the casino!:eek:

[SilverStarfish]

Overnight!!?? WTF:confused: That's shocking.

Yeah, overnight is slightly different to 2 minutes when getting petrol while watching the car all the time.

[Pinkbug]

Yes that is true I went to Crown with my girlfriends and we sawa young child probably about 5 years old in the backseat with A LOT of toys in the parking of crown casino in Melbourne... However I let the people of the Crown staff that there was a child alone in the car etc... they acted on it straight away so I have no idea how long she was in there for!!!!

ITS DISGUSTING!! I have a DD 3 and half years old she is so independent etc BUT NO WAY on EARTH I would leave her alone like that!!!! its sickening!