The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision relating to the wearing of seat belts and other restraints by children and adults in motor vehicles.

They amend the Road Traffic Act 1988 (the “Road Traffic Act”) and the Road Traffic Offenders Act 1988 (the “Road Traffic Offenders Act”). They also amend the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (the “Wearing of Seat Belts Regulations”). They implement requirements of Council Directive 2003/20/EC (OJ No L 115 9.5.2003, p63).

Wearing of seat belts by children

Regulation 3(1) inserts a new subsection (1A) into section 15 of the Road Traffic Act to provide that a child should not be transported in the front of a motor vehicle other than a bus using a rear- facing child restraint unless any front air bag has been deactivated entirely or 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 restraint. Transporting a child in a motor vehicle other than a bus in circumstances where the front air bag has not been so deactivated or is not so designed is made an offence (regulation 3(2)) punishable on summary conviction with a maximum fine of level 2 on the standard scale (see regulation 8 which makes consequential changes to the Road Traffic Offenders Act to this effect).

Regulation 3(3) amends section 15(3) of the Road Traffic Act to prohibit, except as provided by regulations, a motor vehicle being driven with a child under the age of 3 years in the rear of the vehicle unless the child is restrained by a seat belt conforming with regulations. The amended section 15(3) also applies the same prohibition to a child aged 3 or more but less than 14 where any seat belt is fitted in the rear of the vehicle.

The Wearing of Seat Belts Regulations prescribe the types of seat belt or child restraint (the “appropriate seat belt”) that should be worn by children under 14 of different ages and sizes. Different provision is made depending on whether a child is a “small child” or a “large child”. Regulation 10 amends the definition of a “small child” for the purposes of the Wearing of Seat Belts Regulations so that a “small child” is now a child aged under 12 years and less than 135 centimetres rather than 150 centimetres in height. (A “large child”, for the purposes of the Wearing of Seat Belt Regulations, is a child under 14 who is not a “small child”.)

Regulation 16 amends the exemptions (at regulation 10 of the Wearing of Seat Belts Regulations) in relation to the prohibition, in section 15(3) of the Road Traffic Act, against driving a motor vehicle with a child in the rear of the vehicle unrestrained by the appropriate restraint. In particular, the exemptions for small children wearing adult belts in cases where no appropriate seat belt is available in various types of vehicle are removed, along with the exemption for a child under 1 year travelling in a carry cot. Exemptions are added—

(a) for small children riding in a licensed taxi or hire car if no appropriate seat belt is available for them in the front or rear of the vehicle (in such a case a small child aged three or more is required to wear an adult belt);

(b) for where a small child is prevented from wearing an appropriate seat belt in the rear by the presence of two other children in child restraints;

(c) for where a small child is riding in a vehicle being used by the police, security or emergency services;

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

(e) for where a disabled seat belt is not available for a disabled child who cannot wear a seat belt because of his disability.

There is also an exemption for small children aged 3 or over riding in a small bus if no appropriate seat belt is available for them provided they wear an adult belt if one is available for them (regulation 10(1)(c) and 10(3) of the Wearing of Seat Belts Regulations) as substituted by regulation 16(1) and (3)).

Buses

Regulation 12 amends regulation 5 of the Wearing of Seat Belts Regulations so as to require adults and children aged 14 and over to wear seat belts where available in the rear of all classes of motor vehicle. This new requirement does not apply where a large or small bus is being used to provide a local service in a built-up area, or where the bus is constructed or adapted for the carriage of standing passengers and standing is permitted (regulation 13). (Definitions for large and small buses are supplied by regulation 10).

Regulations 15 and 16(2) and (3) make similar provision in relation to children aged 3 or over but under 14 as regards motor vehicles other than large buses by amending regulations 9 and 10 of the Wearing of Seat Belts Regulations. The amendments remove the existing exemption from the requirements of section 15(3) of the Road Traffic Act, for small buses and other motor vehicles which are not passenger cars, in relation to such children. The exemption is retained however for large buses (regulation 15).

The Regulations (regulation 4) also insert a new section 15B into the Road Traffic Act requiring bus operators to take reasonable steps to ensure that bus passengers are notified that they are required to wear a seat belt. This may be done by means of an announcement by the driver or by a courier, conductor or group leader or by means of an audio-visual presentation or by signs displayed at every seating position. New section 15B(3) of and Schedule 2A to the Road Traffic Act also specify a form of sign which may be used to meet the notification requirement (regulations 4 and 5).

Operators who fail to take reasonable steps to ensure passengers are notified as set out are guilty of an offence. Where the offence is committed by a body corporate with the consent or neglect of an officer of the body corporate, then both are guilty of the offence (regulation 4). Consequential amendments to the Road Traffic Offenders Act make the offence punishable on summary conviction with a maximum fine at level 4 on the standard scale (regulation 8).

The requirement to notify bus passengers does not apply where the bus is being used to provide a local service within the meaning of the Transport Act 1985 in a built-up area or where the bus is constructed or adapted for the carriage of standing passengers and standing is permitted (regulation 4).

The Regulations also make various minor and consequential amendments to the Road Traffic Act, the Road Traffic Offenders Act and the Wearing of Seat Belts Regulations including, in the Wearing of Seat Belts Regulations, amendments to the definitions of an “appropriate” seat belt so as to exclude the possibility of an adult seat being “appropriate” for the purposes of those Regulations in relation to small children (Regulation 10).

A full regulatory impact assessment of the effect this instrument will have on costs of business is available from Driver Safety Division 2, Department for Transport, Zone 2/11 Great Minster House, 76 Marsham Street, London SW1P 4DR. A copy has been placed in the library of each House of Parliament. The regulatory impact assessment may also be accessed on the HMSO website at www.opsi.gov.uk.

A transposition note is available and can be obtained from the Department of Transport as above.

A copy of Council Directive 2003/20/EC can be obtained from the Office of Public Sector Information.