The law on wearing seat belts in the UK

motoring offences
updated 06 May 2008

Seat Belts and Child Restraints

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 £30 fine.

Who needs to wear seatbelts?

There are new regulations governing the wearing of seatbelts in cars, vans and goods vehicles, which will apply from 18 September 2006. The changes relate specifically to children and how they are secured in your vehicle.

From 18 September 2006 in cars, vans and goods vehicles
	Front seat	Rear seat	Who is responsible?
Driver	Seat belt MUST be worn if available.		Driver
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
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
Adult passengers (ie 14 years and over)	Seat belt MUST be worn if available.	Seat belt MUST be worn if available.	Passenger

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

(ii) a private hire vehicle while it is being used to carry a passenger for hire;

(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;

(j) a disabled person who is wearing a disabled person's belt; or

(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 old law (pre 18 September 2006) was

	FRONT SEAT	REAR SEAT	WHOSE RESPONSIBILITY
DRIVER	Must be worn if fitted	-	Driver
CHILD UNDER 3 YEARS OF AGE	Appropriate child restraint must be worn	Appropriate child restraint must be worn if available	Driver
CHILD AGED 3 to 11 and under, 1.5metres (about 5 feet) in height	Appropriate child restraint must be worn if available. If not, an adult seat belt must be worn	Appropriate child restraint must be worn if available. If not, an adult seat belt must be worn if available	Driver
CHILD AGED 12 or 13 or younger child 1.5metres or more in height	Adult seat belt must be worn if available	Adult seat belt must be worn if available	Driver
PASSENGERS over the age of 14	Must be worn if available	Must be worn if available	Passenger

Reproduced from 'The Highway Code' p19, 1999. ISBN 0-11-551977-7

Child restraints

An appropriate child restraint is a baby carrier, child seat, harness or booster seat suitable for the child's weight. Approved child restraints must carry the BS "Kitemark" or United Nations "E" mark.
A restraint will be labelled by the manufacturers to show the weight for which it has been designed.
Small children may find it more comfortable to use a booster cushion (not a household cushion) when wearing an adult belt.

Accidents I Complaints I Conveyancing Quote I Divorce and Family I DIY Law I Head Injury I Employment I EPA I Law on the Phone I Law Online I Law Student I Legal Advice I Legal Basics I Legal Fun I Legal News I Links I Mediation I Medical Negligence I Motoring Law I Press I Property Dispute I Search I Solicitors I Spinal Injury I The Law Shop I Webster - Our Guide Dog I Wills and Probate I Home (Frames) I Home (No Frames)

Send mail to mail@lawontheweb.co.uk with comments about this web site.