- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/12/2020)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 31/12/2020.
Road Traffic Act 1988, Cross Heading: Protective measures: seat belts, helmets, etc. is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Secretary of State may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed.
(2)Regulations under this section—
(a)may make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances,
F1(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)shall include exceptions for—
[F2(i)the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting any thing,]
(ii)the drivers of vehicles while performing a manoeuvre which includes reversing,
(iii)any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt,
[F3(bb)[F4may] include an exception for any person holding a certificate to the like effect as that mentioned in paragraph (b)(iii) above which was issued in a member State F5... and which, under the law of that State, is valid for purposes corresponding to those of this section,]
(c)may make any prescribed exceptions subject to such conditions as may be prescribed, and
(d)may prescribe cases in which a fee of a prescribed amount may be charged on an application for any certificate required as a condition of any prescribed exception.
(3)A person who drives or rides in a motor vehicle in contravention of regulations under this section is guilty of an offence; but, notwithstanding any enactment or rule of law, no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.
(4)If the holder of any such certificate as is referred to in subsection (2)(b) [F6or (bb)]above is informed by a constable that he may be prosecuted for an offence under subsection (3) above, he is not in proceedings for that offence entitled to rely on the exception afforded to him by the certificate unless—
(a)it is produced to the constable at the time he is so informed, or
(b)it is produced—
(i)within seven days after the date on which he is so informed, or
(ii)as soon as is reasonably practicable,
at such police station as he may have specified to the constable, or
(c)where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.
(5)For the purposes of subsection (4) above, the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.
(6)Regulations under this section requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of fourteen years.
F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subordinate Legislation Made
P1S. 14(1)(2) power exercised by S.I. 1991/1255
Textual Amendments
F1S. 14(2)(aa) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2S. 14(2)(b)(i) substituted (1.3.2005) by Railways and Transport Safety Act 2003 (c. 20), ss. 110, 120; S.I. 2004/2759, art. 2(2)
F3S. 14(2)(bb) inserted (2.2.1993) by S.I. 1992/3105, reg. 2(2)(b).
F4Word in s. 14(2)(bb) substituted (31.12.2020) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(2)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in s. 14(2)(bb) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(2)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in s. 14(4) inserted (2.2.1993) by S.I. 1992/3105, reg. 2(3).
F7S. 14(7) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
(1)Except as provided by regulations, where a child under the age of fourteen years is in the front of a motor vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.
[F8(1A)Where—
(a)a child is in the front of a motor vehicle other than a bus,
(b)the child is in a rear-facing child restraining device, and
(c)the passenger seat where the child is placed is protected by a front air bag,
a person must not without reasonable excuse drive the vehicle on a road unless the air bag is deactivated.]
(2)It is an offence for a person to drive a motor vehicle in contravention of subsection (1) [F9or (1A)] above.
[F10(3)Except as provided by regulations, where—
(a)a child under the age of three years is in the rear of a motor vehicle, or
(b)a child of or over that age but under the age of fourteen years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,
a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.]
[F11(3A)Except as provided by regulations, where—
(a)a child who is under the age of 12 years and less than 150 centimetres in height is in the rear of a passenger car,
(b)no seat belt is fitted in the rear of the passenger car, and
(c)a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person,
a person must not without reasonable excuse drive the passenger car on a road.]
(4)It is an offence for a person to drive a motor vehicle in contravention of subsection (3) [F12 or (3A)] above.
(5)Provision may be made by regulations—
(a)excepting from the prohibition in subsection (1) [F13, (3) or (3A)] above children of any prescribed description, vehicles of a prescribed class or the driving of vehicles in such circumstances as may be prescribed,
(b)defining in relation to any class of vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of subsection (1) [F14or (3A)] above or as the rear of the vehicle for the purposes of subsection (3) [F14or (3A)] above,
(c)prescribing for the purposes of subsection (1) or (3) above the descriptions of seat belt to be worn by children of any prescribed description and the manner in which such seat belt is to be fixed and used.
F15(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(6)Regulations made for the purposes of subsection (3) or (3A) above—
(a)shall include an exemption for any child holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt, and
(b)[F17may] include an exemption for any child holding a certificate to the like effect which was issued in any member State F18... and which, under the law of that State, is valid for purposes corresponding to those of this section,
F19....]
(7)If the driver of a motor vehicle is informed by a constable that he may be prosecuted for an offence under subsection (4) above, he is not in proceedings for that offence entitled to rely on an exception afforded to a child by a certificate referred to in subsection (6) above unless—
(a)it is produced to the constable at the time he is so informed, or
(b)it is produced—
(i)within seven days after the date on which he is so informed, or
(ii)as soon as is reasonably practicable,
at such police station as he may have specified to the constable, or
(c)where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.
(8)For the purposes of subsection (7) above, the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.
(9)In this section—
[F20“bus” means a motor vehicle that—
has at least four wheels,
is constructed or adapted for the carriage of passengers,
has more than eight seats in addition to the driver's seat, and
has a maximum design speed exceeding 25 kilometres per hour;]
[F21“maximum laden weight” has the meaning given by Part IV of Schedule 6 to the M1Road Traffic Regulation Act 1984;
“passenger car” means a motor vehicle which—
is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,
has no more than eight seats in addition to the driver’s seat,
has four or more wheels,
has a maximum design speed exceeding 25 kilometres per hour, and
has a maximum laden weight not exceeding 3.5 tonnes,]
“regulations” means regulations made by the Secretary of State under this section, F22. . .
“seat belt” includes any description of restraining device for a child and any reference to wearing a seat belt is to be construed accordingly.
F23...
[F24(9A)The reference in subsection (1) above to the air bag being deactivated includes a reference to the case where the air bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question.]
F25(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8S. 15(1A) inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(1)
F9Words in s. 15(2) inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(2)
F10S. 15(3) subsitituted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(3)
F11S. 15(3A) inserted (2.2.1993) by S.I 1992/3105, reg. 3(2).
F12Words in s. 15(4) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(3).
F13Words in s. 15(5)(a) substituted (2.2.1993) by S.I. 1992/3105, reg. 3(4)(a).
F14Words in s. 15(5)(b) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(4)(b).
F15S. 15(5A) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F16S. 15(6) substituted (2.2.1993) by S.I. 1992/3105, reg. 3(6).
F17Word in s. 15(6)(b) substituted (31.12.2020) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in s. 15(6)(b) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in s. 15(6) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F20In s. 15(9) definition of "bus" inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(4)
F21Definitions in s. 15(9) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(7)(a)(b).
F22Word in s. 15(9) omitted (2.2.1993) by virtue of S.I. 1992/3105, reg. 3(7)(b).
F23Words in s. 15(9) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F24S. 15(9A) inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(5)
F25S. 15(10) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 15(1) restricted (2.2.1993) by S.I. 1993/31, regs. 6, 7(1)-(3) (as amended (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment) Regulations 2006 (S.I. 2006/2213), reg. 6)
Marginal Citations
(1)The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this section applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles.
(2)Regulations under this section may make provision for securing that when equipment of a type prescribed by the regulations is sold or offered for sale as equipment which is so conducive—
(a)appropriate information is provided in relation to it in such manner as may be prescribed, and
(b)inappropriate information is not provided in relation to it.
(3)Except in such circumstances as may be prescribed, if a person sells, or offers for sale, equipment of any description for which a type is prescribed under this section as equipment which is so conducive and that equipment—
(a)is not of a type so prescribed, or
(b)is sold or offered for sale in contravention of regulations under this section,
he is, subject to subsection (5) below, guilty of an offence.
(4)Except in such circumstances as may be prescribed, if a person sells, or offers for sale, equipment of any description for which a type is prescribed under this section as equipment conducive to the safety in the event of accident—
(a)of children not of a class prescribed in relation to equipment of that type, or
(b)of children in motor vehicles not of a class prescribed in relation to equipment of that type,
he is, subject to subsection (5) below, guilty of an offence.
(5)A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of equipment if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.
(6)The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of this section.
(7)Regulations under this section may make different provision in relation to different circumstances.
(8)This section applies to equipment of any description for use in a motor vehicle consisting of—
(a)a restraining device for a child or for a carry-cot, or
(b)equipment designed for use by a child in conjunction with any description of restraining device.
(9)References in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.]
Textual Amendments
F26S. 15A inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 1
(1)Subject to subsection (6) below, the operator of a bus in which any of the passenger seats are equipped with seat belts shall take all reasonable steps to ensure that every passenger is notified that he is required to wear a seat belt at all times when—
(a)he is in a seat equipped with a seat belt, and
(b)the bus is in motion.
(2)For the purposes of subsection (1) above, a passenger may be notified only by one or more of the following means—
(a)an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so;
(b)a sign prominently displayed at each passenger seat equipped with a seat belt.
In paragraph (a) above, “official announcement” means an announcement by the driver of the bus, by a conductor or courier or by a person who is a group leader in relation to any group of persons who are passengers on the bus.
(3)For the purposes of subsection (2)(b) above, a sign that takes the form of a pictorial symbol must be in the form shown in Schedule 2A, depicting a white figure on a blue background.
(4)An operator who fails to comply with subsection (1) above is guilty of an offence.
(5)Where an offence under subsection (4) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in such a capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(6)Subsection (1) above does not apply in relation to a bus—
(a)which is being used to provide a local service (within the meaning of the Transport Act 1985 F28) 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.
For the purposes of paragraph (a) above, a local service is provided in a built-up area if the entire route used by that service consists of restricted roads.
(7)In this section—
“bus” has the same meaning as in section 15;
“operator”, in relation to a bus, means—
the owner of the bus, or
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 seat”, in relation to a bus, means any seat other than the driver's seat;
“restricted road” means a road that is restricted for the purposes of section 81 of the Road Traffic Regulation Act 1984 F29 (ignoring any direction under section 82(2)(b) of that Act) or would be so restricted but for a direction under section 82(2)(a) or an order under section 84(1) of that Act.]
Textual Amendments
F27S. 15B inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 4
F281985 c. 67. A “local service” is defined in section 2 of that Act.
(1)The Secretary of State may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in side-cars) on motor cycles of any class specified in the regulations to wear protective headgear of such description as may be so specified.
(2)A requirement imposed by regulations under this section shall not apply to any follower of the Sikh religion while he is wearing a turban.
(3)Regulations under this section may make different provision in relation to different circumstances.
(4)A person who drives or rides on a motor cycle in contravention of regulations under this section is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of sixteen years.
(1)The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of helmet recommended as affording protection to persons on or in motor cycles, or motor cycles of different classes, from injury in the event of accident.
(2)If a person sells, or offers for sale, a helmet as a helmet for affording such protection and the helmet is neither—
(a)of a type prescribed under this section, nor
(b)of a type authorised under regulations made under this section and sold or offered for sale subject to any conditions specified in the authorisation
subject to subsection (3) below, he is guilty of an offence.
(3)A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of a helmet if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.
(4)The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of this section.
(5)In this section and that Schedule “helmet” includes any head-dress, and references in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.
(1)The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of appliance of any description to which this section applies as authorised for use by persons driving or riding (otherwise than in sidecars) on motor cycles of any class specified in the regulations.
(2)Regulations under this section—
(a)may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used, and
(b)may make different provision in relation to different circumstances.
(3)If a person driving or riding on a motor cycle on a road uses an appliance of any description for which a type is prescribed under this section and that appliance—
(a)is not of a type so prescribed, or
(b)is otherwise used in contravention of regulations under this section,
he is guilty of an offence.
(4)If a person sells, or offers for sale, an appliance of any such description as authorised for use by persons on or in motor cycles, or motor cycles of any class, and that appliance is not of a type prescribed under this section as authorised for such use, he is, subject to subsection (5) below, guilty of an offence.
(5)A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of an appliance if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.
(6)The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of subsection (4) above.
(7)This section applies to appliances of any description designed or adapted for use—
(a)with any headgear, or
(b)by being attached to or placed upon the head,
(as, for example, eye protectors or earphones).
(8)References in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys