The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment) Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision relating to the wearing of seat belts and other restraints by children in the front of motor vehicles.

They amend the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations (Northern Ireland) 1993 (the “Principal Regulations”). They implement for Northern Ireland requirements of Council Directive 2003/20/EC (OJ No L 115 9.5.2003, p63). Requirements of that Directive in relation to the wearing of seat belts by adults and children in the rear seats of motor vehicles for Northern Ireland are implemented in the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 and the Motor Vehicles (Wearing of Seat Belts) (Amendment No. 2) Regulations (Northern Ireland) 2007 (the “Wearing of Seat Belts Amendment Regulations”).

The Regulations prescribe the types of seat belt or child restraints (the “appropriate seat belt”) to be worn in the front seats of motor vehicles by children under 14 of different ages and sizes. Different provision is made depending on whether a child is a “small child” or a “large child”. Regulation 3 amends the definition of a “small child” for the purposes of the Principal Regulations so that a “small child” is now a child aged under 12 years and less than 135 centimetres rather than 150 centimetres in height. A “large child”, for the purposes of the Principal Regulations, is a child under 14 years who is not a “small child”.

The Regulations (at regulation 6) also amend the exceptions (at regulation 7 of the Principal Regulations) in relation to the prohibition, in Article 24(1) of the Road Traffic (Northern Ireland) Order 1995 (the “Order”), against driving a motor vehicle with a child in the front of the vehicle unrestrained by the appropriate restraint. In particular, the exception allowing small children aged 3 or over to wear adult belts in cases where no appropriate child restraint is available for them is removed, except in relation to buses. Also removed are exceptions for children under 1 year travelling in a carry cot and for children riding unrestrained in the front seat of a motor car first used before 1st January 1965, where that car has no rear seat and no seat belt is provided which is appropriate for the child.

The existing exception (in Regulation 7(2) of the Principal Regulations) for a child riding in a vehicle which is being used to provide a local service is replaced (at regulation 6) with an exemption for a child riding in a bus—

(a) which is providing a local service in a built up area; or

(b) which is constructed or adapted for the carriage of standing passengers and on which standing is permitted.

The Regulations (at regulations 3(5) and (6), 4 and 5) also amend the description of the types of child restraint (or adult belt, in the case of large children) which may be worn in order to permit restraints or belts approved by other member States to be worn in all classes of motor vehicle. Previously restraints approved by other member States could only be worn in a “relevant vehicle”, that is to say, light goods vehicles, passenger cars and small buses (as these were defined by regulation 3 of the Principal Regulations).

The Regulations make various other minor and consequential amendments.

A separate regulatory impact assessment has not been prepared for this instrument. Reference should instead be made to the regulatory impact assessment prepared in relation to the Wearing of Seat Belts Amendment Regulations which provides an assessment of the impact of the changes made both by those Regulations and these Regulations. A copy of that regulatory impact assessment has been produced and may be obtained from the Department of the Environment Road Safety Division website at www.roadsafetyni.gov.uk.

A copy of Council Directive 2003/20/EC can be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.