Seat Belts
In-car safety legislation
Failure to wear a seatbelt carries a fine of up to £500, but no points will be endorsed on your licence. A fixed penalty notice will usually be issued, allowing you the option of paying a £60 fine.
Who needs to wear seatbelts?
It has been a legal requirement since 1983 to wear a seat belt in a car. In September 2006 new regulations were introduced governing the wearing of seatbelts in cars, vans and goods vehicles. The changes related specifically to children and how they are secured in your vehicle.
From 18 September 2006 in cars, vans and goods vehicles |
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|
Front seat |
Rear seat |
Who is responsible |
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| Driver |
Seat belt MUST be worn if available. |
|
Driver |
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| Child up to 3 years* |
Correct child restraint MUST be used*. |
Correct child restraint MUST be used*. If one is not available in a taxi, may travel unrestrained. |
Driver |
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| Child from 3rd birthday up to 135cms in height (approx 4'5") (or 12th birthday whichever they reach first)** |
Correct child restraint MUST be used***. |
Where seat belts fitted, correct child restraint MUST be used.
Must use adult belt if the correct child restraint is not available:
- in a licensed taxi/private hire vehicle; or
- for a short distance for reason of unexpected necessity; or
- two occupied child restraints prevent fitment of a third.
A child 3 and over may travel unrestrained in the rear seat of a vehicle if seat belts are not available. |
Driver |
|---|
| Child over 1.35 metres (approx 4ft 5ins in height) or 12 or 13 years |
Seat belt MUST be worn if available. |
Seat belt MUST be worn if available. |
Driver |
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| Adult passengers (ie 14 years and over) |
Seat belt MUST be worn if available. |
Seat belt MUST be worn if available. |
Passenger |
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In addition, the revised regulations also say that rear-facing baby seats MUST NOT be used in a seat protected by a frontal air-bag unless the air-bag has been deactivated manually or automatically.
* Children under 3 years MUST use the child restraint appropriate for their weight in all cars, vans and other goods vehicles, with the single exception for the rear of taxis. They cannot travel otherwise. This means for example that they may not travel in cars, vans or goods vehicles which do not have seat belts installed.
** Examples. A 7 year old who is 140 cms tall is over the height for a child restraint and may use an adult seat belt. A 12 year old who is 130 cms tall is over the age threshold and therefore may use an adult belt.
*** If no seat belts are fitted in the front, then children under 135 cms in height (who are also under 12 years of age) cannot travel in the front.
In buses and coaches (including minibuses), seated passengers aged 14 years and above will have to use seat belts where they are fitted. Regulations requiring children 3 years to 13 years to use seat belts (or child restraints if they are available) in these vehicles will be brought forward as soon as practicable. The regulations will not include any obligation for anyone to provide child restraints in these vehicles. Bus and coach (including minibus) operators need to notify their passengers that seat belt wearing is compulsory, where they are fitted.
Exemptions for children
Three exceptions allow children 3 years to 135 cms in height to travel in the rear and use an adult belt:
- in a licensed taxi/private hire vehicle, if the right child restraint is not available; or
- for unexpected necessity over a short distance, if the right child restraint is not available; or
- where two occupied child seats in the rear prevent the fitment of a third child seat.
Children under 3 years may travel in the rear of a taxi unrestrained if no child restraint is available.
Child restraints and seat belt adjusters
"Child restraints" is the collective term in the seat belt wearing legislation for baby seats, child seats, booster seats and booster cushions.
Modern child restraints are designed for specific weight ranges of child. They have to meet UN ECE Regulation 44.03 (or subsequent) type approval standard and be marked with a label (showing an "E" and "44.03" or ".03") and the Group number, or weight range of child, for which it is designed. All child restraints that meet the Regulation 44.03 type approval standard are approved for use in forward-facing or rear-facing seats.
Manufacturers use different names for their products so the names we have used below may not always apply and are a guide only. Manufacturers sometimes combine weight ranges in one product so that it can be used over a longer time as a child grows. It is the weight of the child that decides the restraint that must be used.
- Group 0 and Group 0+. These are baby seats - rear-facing and for children up to 10kg and up to 13kg respectively (approx age birth to 9-12 months);
- Group I. Child seats - forward facing and for children 9kg to 18kg (approx 9 months to 4 years);
- Group II. Booster seats - for children from 15kg to 25kg (approx 4 to 6 years), or 15kg up to 36 kg);
- Group III. Booster cushions - for children from 22kg and up to 36kg (from approx 6 years).
Seat belt adjusters are comfort devices and not safety devices (check what the manufacturer says about them and their intended use). Only if an adjuster is labelled that it has been approved (and therefore tested) to the UN ECE Regulation 44.03 type-approval standard can it used instead of a type-approved child seat/booster.
Exemptions from seat belt wearing
The legislation provides for a number of specific exemptions from the seat belt wearing requirements on medical and other grounds. Please consult your doctor if you think you should not wear a seat belt on medical grounds.
As for the others these include:-
"(b) the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed 50 metres and which is undertaken for the purpose of delivering or collecting any thing;
(d) a qualified driver (within the meaning given by regulation 9 of the Motor Vehicles (Driving Licences) Regulations 1987) who is supervising the holder of a provisional licence (within the meaning of Part III of the Act) while that holder is performing a manoeuvre which includes reversing;
(e) a person by whom, as provided in the Motor Vehicles (Driving Licences) Regulations 1987, a test of competence to drive is being conducted and his wearing a seat belt would endanger himself or any other person;
(f) a person driving or riding in a vehicle while it is being used for fire brigade or police purposes or for carrying a person in lawful custody (a person who is being so carried being included in this exemption);
(g) the driver of—
(i) a licensed taxi while it is being used for seeking hire, or answering a call for hire, or carrying a passenger for hire, or
(h) a person riding in a vehicle, being used under a trade licence, for the purpose of investigating or remedying a mechanical fault in the vehicle;
(k) a person riding in a vehicle while it is taking part in a procession organised by or on behalf of the Crown."
Fitting seat belts
All new cars must have:
- Front and rear seatbelts fitted that must be worn
Older cars that do not have seatbelts:
- Do not need to have them fitted and worn, but cannot be used for carrying children
However if seatbelts are fitted in older cars they must be worn.
The basic principles of road traffic law
Considering the number of cars that are on the roads today, it is essential that road traffic law and its array of areas in which law is required to regulate the drivers actions is in place. Without such regulation drivers would be in somewhat of a free for all.
Dangerous driving offences
According to UK road traffic laws, the term dangerous driving and the associated driving offences fall into two distinct categories. In one sense, anyone at the wheel of a vehicle can be considered a dangerous driver if their ability to drive safely falls below the standards set by road traffic laws.
The varied skills of road traffic solicitors
The road can be a dangerous place; there are an endless amount of offences that can be committed or inconveniences caused by someone behind the wheel of a car.