Seat belt rules

Since 1983, it has been a legal requirement to wear a seat belt in a car; however, in September 2006 new regulations came into force, which introduced some changes, particularly in relation to children.

Who must wear a seatbelt?

If a seat belt is fitted in any seat in a vehicle, then it must be worn. However, there are special rules relating to children:

  • A child under 3 years cannot travel in vehicles that do not have seat belts or appropriate child restraints installed.  
  • Children up to 135cm tall or 12 years old (whichever comes first) must wear the correct child restraint in the front and rear seats of a vehicle according to their weight, as specified under the relevant regulations.
  • Children between 3 years and 135cm (or 12 years) must use an adult seat belt if the correct child restraint is not available in a licensed taxi, for unexpected necessity over a short distance, or where two occupied child seats in the rear prevent the fitting of a third child seat. If there are no seat belts available at all, children between 3 years and 135cm can travel unrestrained.

The driver of the vehicle has responsibility to ensure that the above rules are complied with.

For people over 14 years old, it is the responsibility of the passenger, rather than the driver, to ensure that they wear a seat belt if there is one available. The penalty for a seat belt violation is a fine of up to £500, although in most instances the police will issue a fixed penalty notice carrying a fine of £60.

On a bus or coach, or in a taxi, passengers 14 and older must wear seat belts if they are fitted.

Child restraints

Most child restraint seats that are available from reputable sources will comply with the relevant regulations. The various types are:

  1. Group 0 and 0+: for infants
  2. Group I: for children 9kg to 18kg (in most cases, covering ages from 9 months to 4 years)
  3. Group II: booster seats for children 15kg to 25kg (generally covering ages from 4 to 6 years)
  4. Group III: booster cushions for children 22kg to 36kg (in general, covering children from 6 years of age)

Note that where you carry a child in the front seat in a rear-facing child seat, any airbags affecting the seat must be switched off. (Many models of cars have a switch that makes it possible to turn off the passenger side airbags in the front seat.)

Exemptions from wearing a seat belt

The law allows exemptions from the seat belt wearing requirements under some circumstances:

  • a driver who is reversing or a passenger who holds a licence and is supervising whilst a learner reverses;
  • passengers of a vehicle that is being used for police, fire and rescue services;
  • a driver or passenger in a goods vehicle on a journey that does not exceed 50m which is being carried out in order to collect or deliver something;
  • a passenger in a trade vehicle who is investigating a mechanical fault; and
  • the driver of a licensed taxi or private hire vehicle if it is being used for seeking hire, answering a call for hire or carrying a passenger for hire.

Your doctor can also issue a ‘Certificate of Exemption from Compulsory Seat Belt Wearing’ if they consider that there are reasonable medical grounds for someone to be exempted from the requirements. This certificate must be kept in the vehicle and shown to police if the driver is stopped. It is also advisable for the owner of the vehicle to inform their insurer that they (or another driver) are driving without a seat belt. Unless there are medical grounds for not doing so, you must wear a seat belt if you are pregnant or disabled. However, if you are disabled, you may need to fit a specially adapted belt.

Old and new cars

People with older cars that do not have seat belts available do not have to get them fitted (although note the restrictions above on carrying children); however, all new cars must have front and rear seat belts fitted and these must be worn.

Getting help

If you are cited for a seat belt offence, a solicitor may be able to help. A matching service, such as Contact Law , can introduce you to an experienced motoring law solicitor in your area, and Contact Law will not charge you for making the introduction.

Source:
FindLaw
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