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Is it illegal to lie down on the back seat of a car while it's being driven?

Car Advice
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If you're laying down, your seatbelt is not on right.
Marcus Craft
Contributing Journalist
22 Jan 2025
4 min read

Is it illegal to lay down in the back seat of a car while driving?

Yes, it is illegal to lay down in the back seat of a car while it’s being driven because if you’re laying down in the back seat while the car is being driven, you aren’t wearing your seat belt correctly.

Whether you’re laying down across the entire back seat or if the seat you’re in is reclined so far back that you could be considered to be laying down, if the vehicle is moving then you would be reasonably regarded as someone who is not wearing their seatbelt correctly.

And you are legally obligated to correctly wear your seatbelt at all times while the vehicle is being driven.

If you’re caught not wearing a seatbelt properly you’ll be liable for a fine or penalty and that fine or penalty will differ in severity depending on the state or territory in which you’re travelling at the time of the alleged offence.

In order for a seatbelt to be considered as being worn correctly, Transport for NSW states the lap portion of a seatbelt "should lie across the bony section of your hips and the sash should fall across your chest and mid-shoulder.

“Always make sure your seatbelt is adjusted firmly and lies flat (no twists in the webbing or fabric).

“If you wear your seatbelt incorrectly, such as with the sash under your arms or behind your back, or with your seat substantially reclined, it will not be as effective in protecting you in a crash.

“You must sit in a proper seating position with a dedicated seatbelt.”

If it’s not already absolutely clear to you, let’s state it again for those readers in the cheap seats: if you are laying down in the back seat of a car while it’s being driven, ergo you are not wearing a seatbelt correctly and so what you’re doing may be considered illegal.

It doesn’t matter what position you’re in, whether you do have a seatbelt on in some way, or you don’t, and whether you’re sleeping or not, if you’re laying down in the backseat of a car while it’s in motion what you’re doing is illegal.

A police officer may show some leniency in the rare instance an individual has a medical exemption from having to wear a seatbelt.

Prior to any travel in a motor vehicle, you may apply for a current seatbelt exemption certificate – often on medical grounds or for extenuating circumstances – and if you’re successful you must always carry it with you when driving or travelling as a passenger.

This seatbelt exemption certificate must be signed by an Australian doctor registered with the Australian Health Practitioner Regulation Agency. (The certificate must state that you can’t wear a seatbelt due to a medical condition or disability.)

Also, you will only be exempt from the requirement to wear a seatbelt if the vehicle was originally manufactured without seatbelts fitted and you are seven years old or older.

(Children under seven years of age are not permitted to travel in any vehicle without correctly fitted seatbelts or child restraints.) – so sayeth the Queensland Government and that’s God’s Country right there so who are we to argue?

For best results, though, as always, before you drive or travel, be sure to check with your relevant authority as rules/legislation/laws are subject to change and conditions do apply.

So, there you have it. If it’s not now blatantly obvious to you that it is illegal to lay down in the backseat of a car while driving then I despair of your future on the road… or in general day-to-day life.

Note: This feature is not intended as legal advice. Make sure you check with the relevant roads authority in your state or territory for up-to-date details.

*But, just between you and me, my lawyer would tell your lawyer that you’re an absolute numpty if you lay down in the back seat of a car while it's being driven and that you deserve every fine or penalty coming your way.

Marcus Craft
Contributing Journalist
Raised by dingoes and, later, nuns, Marcus (aka ‘Crafty’) had his first taste of adventure as a cheeky toddler on family 4WD trips to secret fishing spots near Bundaberg, Queensland. He has since worked as a journalist for more than 20 years in Australia, London and Cape Town and has been an automotive journalist for 18 years. This bloke has driven and camped throughout much of Australia – for work and play – and has written yarns for pretty much every mag you can think of. The former editor of 4X4 Australia magazine, Marcus is one of the country’s most respected vehicle reviewers and off-road adventure travel writers.
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