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The Motor Vehicles (Wearing of Seat Belts) Regulations 1993

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PART IE+W+SINTRODUCTION

Citation, commencement and revocationsE+W+S

1.—(1) These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 and shall come into force on 2nd February 1993.

(2) The Regulations set out in Schedule 3 to these Regulations are hereby revoked.

Commencement Information

I1Reg. 1 in force at 2.2.1993, see reg. 1(1)

General interpretationE+W+S

2.—(1) In these Regulations—

“the Act” means the Road Traffic Act 1988;

“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986(1);

[F1“large bus” means a motor vehicle which—

(a)

is constructed or adapted for use for the carriage of passengers,

(b)

has more than eight seats in addition to the driver’s seat,

(c)

has four or more wheels,

(d)

has a maximum design speed exceeding 25 kilometres per hour, and

(e)

has a maximum laden weight exceeding 3.5 tonnes;]

“licensed hire car” has the meaning given by section 13(3) of the Transport Act 1985(2);

“licensed taxi” has the meaning given by section 13(3) of the Transport Act 1985;

[F2“light goods vehicle” means a motor vehicle which—

(a)

has four or more wheels,

(b)

has a maximum design speed exceeding 25 kilometres per hour, and

(c)

has a maximum laden weight not exceeding 3.5 tonnes;]

“maximum laden weight” has the meaning given by Part IV of Schedule 6 to the Road Traffic Regulation Act 1984(3);

“medical certificate” has the meaning given in Schedule 1 to these Regulations;

[F3“operator”, in relation to a small or large bus, means—

(a)

the owner of the bus, or

(b)

if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;]

“passenger car” has the same meaning as in section 15 of the Act;

“private hire vehicle” means a motor vehicle which has no more than 8 seats in addition to the driver’s seat, other than a licensed taxi or a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981(4)), which is provided for hire with the services of a driver for the purpose of carrying passengers and which displays a sign pursuant to either section 21 of the Vehicles (Excise) Act 1971(5) or section 48(2) of the Local Government (Miscellaneous Provisions) Act 1976(6) or any similar enactment;

“rear seat” in relation to a vehicle means a seat not being the driver’s seat, a seat alongside the driver’s seat or a specified passenger seat;

“restraint system” means a system combining a seat fixed to the structure of the vehicle by appropriate means and a seat belt for which at least one anchorage point is located on the seat structure;

“seat belt” except in this regulation, includes a child restraint and references to wearing a seat belt shall be construed accordingly;

[F4“small bus” means a motor vehicle which—

(a)

is constructed or adapted for use for the carriage of passengers,

(b)

has more than eight seats in addition to the driver’s seat,

(c)

has four or more wheels,

(d)

has a maximum design speed exceeding 25 kilometres per hour, and

(e)

has a maximum laden weight not exceeding 3.5 tonnes;]

“trade licence” has the meaning given by section 38(1) of the Vehicles (Excise) Act 1971(7);

“disabled person’s belt”, “lap belt”, “seat”, “specified passenger seat” and “three point belt” have the meanings given by regulation 47(8) of the Construction and Use Regulations.

(2) Without prejudice to section 17 of the Interpretation Act 1978(8), a reference to a provision in any subordinate legislation (within the meaning of that Act) is a reference to that provision as from time to time amended or as from time to time re-enacted with or without modification.

(3) In these Regulations—

“child” means a person under the age of 14 years;

“large child” means a child who is not a small child; and

“small child” means a child who is—

(a)

aged under 12 years, and

(b)

under [F5135] centimetres in height.

(4) In these Regulations, “adult belt” means a seat belt in respect of which one or more of the following requirements is satisfied, namely that—

(a)it is a three-point belt which has been marked in accordance with regulation 47(7) of the Construction and Use Regulations,

(b)it is a lap belt which has been so marked,

(c)it is a seat belt that falls within regulation 47(4)(c)(i) or (ii) of those Regulations;

(d)it is a seat belt fitted [F6in a vehicle] and comprised in a restraint system—

(i)of a type which has been approved by an authority of [F7a member State] for use by all persons who are either aged 13 years or more or of 150 centimetres or more in height, and

(ii)in respect of which, by virtue of such approval, the requirements of the law of [F7a member State] corresponding to these Regulations would be met were it to be worn by persons who are either aged 13 years or more or of 150 centimetres or more in height when travelling [F8in that vehicle in that State].

(5) In these Regulations, “child restraint” means a seat belt or other device in respect of which the following requirements are satisfied, namely that—

(a)it is a seat belt or any other description of restraining device for the use of a child which is—

(i)designed either to be fitted directly to a suitable anchorage or to be used in conjunction with an adult seat belt and held in place by the restraining action of that belt, and

(ii)marked in accordance with regulation 47(7) of the Construction and Use Regulations [F9or marked in accordance with paragraphs 4, 5.4 and 5.6 of Regulation Number 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles]; or

(b)it is a seat belt consisting of or comprised in a restraint system fitted [F10in a vehicle], being a restraint system—

(i)of a type which has been approved by an authority of [F7a member State] for use by a child, and

(ii)in respect of which, by virtue of such approval, the requirements of the law of that State corresponding to these Regulations would be met were it to be worn by a child when travelling [F11in that vehicle in that State].

(6) Subject to paragraph (7), for the purposes of these Regulations, a seat shall be regarded as provided with an adult seat belt if it is fixed in such a position that it can be worn by an occupier of that seat.

(7) A seat shall not be regarded as provided with an adult seat belt if the seat belt—

(a)has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline, or

(b)does not comply with the requirements of regulation 48 of the Construction and Use Regulations.

[F12(8) For the purposes of these Regulations, a seat belt is appropriate—

(a)in relation to a small child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 8;

(b)in relation to a large child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 8 or an adult belt; or

(c)in relation to a person aged 14 years or more, if it is an adult belt.]

(9) For the purposes of these Regulations, any reference to a seat belt being available shall be construed in accordance with Schedule 2 to these Regulations.

[F13(9A) For the purposes of these Regulations, references to a bus being used to provide a service in a “built-up area” shall be construed in the same way as in section 15B(6) of the Act.]

(10) Unless the context otherwise requires, in these Regulations—

(a)any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; and

(b)a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 2.2.1993, see reg. 1(1)

Interpretation of references to relevant vehiclesE+W+S

F143.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART IIE+W+SADULTS IN THE FRONT OR REAR OF A VEHICLE

GeneralE+W+S

4.  This Part of these Regulations shall have effect for the purpose of section 14 of the Act.

Commencement Information

I3Reg. 4 in force at 2.2.1993, see reg. 1(1)

Requirement for adults to wear adult beltsE+W+S

5.—[F15(1) Subject to the following provisions of these Regulations, every person—

(a)driving a motor vehicle (other than a two-wheeled motor cycle with or without a sidecar), or

(b)riding in a front or rear seat of a motor vehicle (other than a two-wheeled motor cycle with or without a sidecar),

shall wear an adult belt.]

(2) Paragraph (1) does not apply to a person under the age of 14 years.

Textual Amendments

Commencement Information

I4Reg. 5 in force at 2.2.1993, see reg. 1(1)

ExemptionsE+W+S

6.—(1) The requirements of regulation 5 do not apply to—

(a)a person holding a medical certificate;

[F16(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;]

(c)a person driving a vehicle while performing a manoeuvre which includes reversing;

(d)a qualified driver (within the meaning given by [F17regulation 17 of the Motor Vehicles (Driving Licences) Regulations 1999]) 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 [F18the Motor Vehicles (Driving Licences) Regulations 1999], 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 [F19Scottish Fire and Rescue Service] [F20or, in England, fire and rescue authority] [F21or, in England or Wales, fire and rescue authority] or police purposes or for carrying a person in lawful custody (a person who is being so carried being included in this exemption);

[F22(fza)a person riding in a motor ambulance (within the meaning given by regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986) while the person is providing medical attention or treatment to a patient which due to its nature or the medical situation of the patient cannot be delayed;]

[F23(fa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a person driving or riding in a vehicle while it is being used for Serious Organised Crime Agency purposes;]

[F24(fb)so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, a person driving or riding in a vehicle while it is being used for Serious Organised Crime Agency purposes;]

(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.

(2) Without prejudice to paragraph (1)(k), the requirements of regulation 5 do not apply to a person riding in a vehicle which is taking part in a procession held to mark or commemorate an event if either—

(a)the procession is one commonly or customarily held in the police area or areas in which it is being held, or

(b)notice in respect of the procession was given in accordance with section 11 of the Public Order Act 1986(9).

(3) The requirements of regulation 5 do not apply to—

(a)a person driving a vehicle if the driver’s seat is not provided with an adult belt;

(b)a person riding in the front of a vehicle if no adult belt is available for him in the front of the vehicle;

(c)a person riding in the rear of a vehicle if no adult belt is available for him in the rear of the vehicle.

[F25(4) The requirements of regulation 5(1)(b) do not apply to a person riding in a small or large bus—

(a)which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area, or

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

[F26(5) For the purposes of paragraph (1)(fza) “patient” has the same meaning as in the National Health Service Act 2006. ]

Textual Amendments

Commencement Information

I5Reg. 6 in force at 2.2.1993, see reg. 1(1)

PART IIIE+W+SCHILDREN IN THE REAR OF A VEHICLE

GeneralE+W+S

7.  This Part of these Regulations has effect for the purposes of section 15(3) and (3A) of the Act.

Commencement Information

I6Reg. 7 in force at 2.2.1993, see reg. 1(1)

Description of seat belts to be worn by childrenE+W+S

8.—(1) For a child of any particular height and weight travelling in a particular vehicle, the description of seat belt prescribed for the purposes of section 15(3) of the Act to be worn by him is—

(a)if he is a small child F27..., a child restraint of a description specified in sub-paragraph (a) [F28, (b) or (c)] of paragraph (2);

F29(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)if he is a large child, a child restraint of a description specified in sub-paragraph (a) [F30or (c)] of paragraph (2) or an adult belt.

(2) The descriptions of seat belt referred to in paragraph (1) are—

(a)a child restraint with the marking required under regulation 47(7) of the Construction and Use Regulations if the marking indicates that it is suitable for his weight and either indicates that it is suitable for his height or contains no indication as respects height;

(b)a child restraint which would meet the requirements of the law of [F31a member State] corresponding to these Regulations were it to be worn by that child when travelling in that vehicle in that State.

[F32(c)a child restraint with markings required under paragraphs 4, 5.4 and 5.6 of Regulation Number 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles if the markings indicate that it is suitable for his height, weight and age.]

Textual Amendments

Commencement Information

I7Reg. 8 in force at 2.2.1993, see reg. 1(1)

Vehicles to which section 15(3) and (3A) of the Act do not applyE+W+S

9.  The following classes of vehicles are exempt from the prohibition in section 15(3) and (3A) of the Act, that is to say—

[F33(a)large buses;]

(b)licensed taxis and licensed hire cars in which (in each case) the rear seats are separated from the driver by a fixed partition.

Textual Amendments

Commencement Information

I8Reg. 9 in force at 2.2.1993, see reg. 1(1)

ExemptionsE+W+S

10.—[F34(1) The prohibitions in section 15(3) and (3A) of the Act do not apply in relation to—

(a)a child for whom there is a medical certificate;

(b)a small child aged under 3 years who is riding in a licensed taxi or licensed hire car, if no appropriate seat belt is available for him in the front or rear of the vehicle;

(c)a small child aged 3 years or more who is riding in a licensed taxi, a licensed hire car or a small bus and wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;

(d)a small child aged 3 years or more who is wearing an adult belt and riding in a passenger car or light goods vehicle where the use of child restraints by the child occupants of two seats in the rear of the vehicle prevents the use of an appropriate seat belt for that child and no appropriate seat belt is available for him in the front of the vehicle;

(e)a small child who is riding in a vehicle being used for the purposes of the police, security or emergency services to enable the proper performance of their duty;

(f)a small child aged 3 years or more who is wearing an adult belt and who, because of an unexpected necessity, is travelling a short distance in a passenger car or light goods vehicle in which no appropriate seat belt is available for him; or

(g)a disabled child who is wearing a disabled person’s belt or whose disability makes it impracticable to wear a seat belt where a disabled person’s belt is unavailable to him.]

[F35(2) The prohibition in section 15(3) of the Act does not apply in relation to a child aged under 3 years riding in a rear seat of a small bus.]

[F36(3) The prohibition in section 15(3) of the Act does not apply to a small child aged 3 years or more riding in a rear seat of a small bus if neither an appropriate seat belt nor an adult belt is available for him in the front or rear of the vehicle.]

[F36(3A) For the purposes of paragraph (3) of this regulation, a reference to an appropriate seat belt in paragraphs 2 and 3 of Schedule 2 shall be read as including reference to an adult belt.]

(4) The prohibition in section 15(3) of the Act does not apply in relation to a large child in any vehicle if no appropriate seat belt is available for him in the rear of the vehicle.

[F37(4A) The prohibition in section 15(3) of the Act does not apply to a child riding in a small bus—

(a)which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area, or

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

(5) The prohibition in section 15(3A) of the Act does not apply in relation to a child if no appropriate seat belt is available for him in the front of the vehicle.

Textual Amendments

Commencement Information

I9Reg. 10 in force at 2.2.1993, see reg. 1(1)

Signed by authority for the Secretary of State

Kenneth Carlisle

Parliamentary Under Secretary of State

Department of Transport

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