Interpretation of reference to availability
6.—(1) An adult seat belt shall not be regarded as being available for aperson for the purposes of regulation 5(3) unless such a belt isregarded as available to him by virtue of paragraph (2) below.
(2) Subject to paragraph (5) below, if any rear seat in a vehicle isprovided with an adult seat belt, that belt (“the relevant belt”) shall be regarded as available for a particular person (“the person in question”) for the purposes of regulation 5(3) unless—
(a)another person is wearing the relevant belt;
(b)a child under the age of 14 is occupying the seat and wearing achild restraint which is an appropriate child restraint for that child;
(c)another person, being a person holding a medical certificate, isoccupying the seat;
(d)a disabled person (not being the person in question) is occupyingthe seat and wearing a disabled person’s belt;
(e)by reason of his disability, it would not be practicable for theperson in question to wear the relevant belt;
(f)the person in question is prevented from occupying the seat by thepresence of a carry cot which is restrained by straps and in which thereis a child aged under1 year;
(g)the person in question is prevented from occupying the seat by thepresence of a child restraint which could not readily be removed withoutthe aid of tools; or
(h)in the case of a seat that is specially designed so that—
(i)its configuration can be adjusted in order to increase the space inthe vehicle available for goods or personal effects, and
(ii)when it is so adjusted the seat cannot be used as such,
the configuration is adjusted in the manner described insub-paragraph (i) and it would not be reasonably practicable for thegoods and personal effects being carried in the vehicle to be so carriedwere the configuration not so adjusted.
(3) Paragraph (2)(b) or (d) above shall not apply unless the presence ofthe other person renders it impracticable for the person in question towear the relevant belt.
(4) Paragraph (2)(f) above shall not apply if it would be reasonablypracticable for the carry cot to be carried in any other part of thevehicle where it could be restrained by straps so as to render itpracticable for the person in question to wear the relevant belt.
(5) A seat belt shall not be regarded as available for any person forthe purposes of regulation 5(3) if—
(a)it has an inertia reel mechanism which is locked as a result of thevehicle being, or having been, on a steep incline, or
(b)it does not comply with the requirements of regulation 48 of theConstruction and Use Regulations.
(6) A seat belt shall be regarded as provided for a seat for thepurposes of this regulation if it is fixed in such a position that itcan be worn by an occupier of that seat.