The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993

General interpretation

2.—(1) In these Regulations—

“the Act” means the Road Traffic Act 1988;

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

“front seat”, in relation to a vehicle, means a seat which is wholly or partially in the front of the vehicle and “rear seat”, in relation to a vehicle, means any seat which is not a front seat (see also regulation 4);

“maximum laden weight” has the meaning given by Part IV of Schedule 6 to the Road Traffic Regulation Act 1984(2);

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

“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;

“disabled person’s belt”, “lap belt”, “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(3), a reference to a provision of the Construction and Use Regulations 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 150 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 in a relevant vehicle (“the vehicle in question”) and comprised in a restraint system—

(i) of a type which has been approved by an authority of another member State for use by all persons who are either aged 13 years or more or of150 centimetres or more in height, and

(ii) in respect of which, by virtue of such approval, the requirements of the law of another 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 of150 centimetres or more in height when travelling in the vehicle in question 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 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; or

(b) it is a seat belt consisting of or comprised in a restraint system fitted in a relevant vehicle (“the vehicle in question”), being a restraint system—

(i) of a type which has been approved by an authority of another 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 in the vehicle in question in that State.

(6) Subject to paragraph (7), for the purposes of these Regulations, a seat shall be regarded as provided with an adult belt if an adult belt 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 belt if the 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.

(8) For the purposes of these Regulations, a seat shall be regarded as provided with a child restraint if a child restraint is—

(a) fixed in such a position that it can be worn by an occupier of that seat, or

(b) elsewhere in or on the vehicle but—

(i) could readily be fixed in such a position without the aid of tools, and

(ii) is not being worn by a child for whom it is appropriate and who is occupying another seat.

(9) For the purposes of these Regulations, a seat belt is appropriate—

(a) in relation to a child aged under 3 years, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 5;

(b) in relation to a child aged 3 years or more, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 5 or is an adult belt; or

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

(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.

(1)

S.I. 1986/1078; relevant amending instruments are S.I. 1987/1133, 1989/1478 and 1991/2003.

(2)

1984 c. 27.

(3)

1978 c. 30.