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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

I1Reg. 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 F1..., a child restraint of a description specified in sub-paragraph (a) [F2, (b) or (c)] of paragraph (2);

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)if he is a large child, a child restraint of a description specified in sub-paragraph (a) [F4or (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 [F5a member State] corresponding to these Regulations were it to be worn by that child when travelling in that vehicle in that State.

[F6(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

I2Reg. 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—

[F7(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

I3Reg. 9 in force at 2.2.1993, see reg. 1(1)

ExemptionsE+W+S

10.—[F8(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.]

[F9(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.]

[F10(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.]

[F10(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.

[F11(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

I4Reg. 10 in force at 2.2.1993, see reg. 1(1)