Safety on Learner Transport (Wales) Measure 2011

1 Requirement for seat belts on buses used for learner transport

After section 14 of the Learner Travel (Wales) Measure 2008 insert—

“Safety on learner transport

14A Requirement for seat belts on buses used for learner transport

(1) A relevant body must ensure that every bus used for the learner transport it provides or otherwise secures is one that has a seat belt fitted to every passenger seat.

(2) A person who provides learner transport secured by a relevant body must ensure that every bus used for such transport is one that has a seat belt fitted to every passenger seat.

(3) A person who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) It is a defence to show that the failure to comply with subsection (1) or (2) was justified by exceptional circumstances.

(5) Nothing in this section is to be interpreted as setting technical standards for a vehicle’s construction or equipment which differ from the standards that would or might otherwise apply to that vehicle by virtue of any enactment or directly applicable requirement of European Union law.

(6) In this section—

• “bus” means a motor vehicle constructed or adapted to carry more than eight seated passengers in addition to the driver;

• “enactment” means any of the following, whenever passed or made—

  (a)

  an Act of Parliament;

  (b)

  subordinate legislation made under an Act of Parliament;

  (c)

  a provision of any such Act or subordinate legislation;

• “seat belt” means a belt intended to be worn by a person in a vehicle and designed to prevent or lessen injury to its wearer in the event of an accident to the vehicle.”.