The Motor Vehicles (wearing of seat belts) (Amendment) Regulations 2006

These Regulations which were featured in the March 2006 Digest will come into force on September 18 by virtue of SI 1892/2006.

They change the current legislation on seat belt wearing in motor vehicles by:

• Prohibiting the use of rear facing child restraints where there is an active frontal air bag (unless the bag is designed not to cause injury to a child in a rear facing seat if it inflates).
• Allowing all children aged 12 or more to wear an adult belt in the rear of a motor vehicle and allowing children under 12 to do so if they are 135 cms or more in height.
• Requiring children between three and 11 years of age but less than 135 cms in height to be secured with a child restraint appropriate for their height and weight in the rear of motor vehicles provided there is an adult belt in place to secure the child restraint (See exemptions below).
• Prohibiting children under three being carried in the rear of a motor vehicle altogether unless they are in an appropriate child restraint. (The only exemption to this is that a child under three can travel in a taxi or an emergency vehicle if an appropriate child restraint is not available. There is no requirement for them to wear an adult belt as it is not considered to be a safe alternative for a child under three).

The exemptions referred to above include:

• Children riding in licensed taxis or hire cars if an appropriate child restraint is not available, and in police or security or emergency service vehicles. (N.B. a child aged three and over will be required to use an adult belt in a taxi in these circumstances).
• Where a child aged three and over, who, because of an ‘unexpected necessity’, is travelling over a short distance in a passenger car or light goods vehicle where there is no appropriate child restraint. (N.B. in these circumstances a child aged three and over will be required to use an adult belt).
• Where a child aged three or more is riding in the rear of a vehicle with two other children in child restraints and where there is not room for a third child restraint. (N.B. in these circumstances a child aged three and over will be required to use an adult belt).
• Where a disabled child who needs to use a disabled seat belt but there isn’t one is available.
• Children under 14 travelling in large buses or coaches and for the under threes also in relation to small buses.
• Children aged three and over but under 14 travelling in the rear of a small bus if there is no child restraint available; they must then wear an adult belt if there is one available.

An ‘unexpected necessity’ exemption is designed to deal with those cases where someone has unexpectedly to carry a child for a short distance where no child restraint is available and where the only alternative would be to leave a child at risk simply because a child restraint was unavailable. It is not intended to cover regular ‘school runs’ and the like.

The term ‘short distance’ has not been specifically defined in relation to the exemption, but will be left for the court to decide by taking into account the circumstances of a particular case.

The Regulations also:

• Remove an existing exemption for children under one travelling in an ordinary carry cot.
• Retain the existing exemption for children who cannot use a seat belt or child restraint for medical reasons.
• Extend the requirement in relation to adults and children aged 14 and over to wear available front and rear seat belts to all categories of vehicles.

This will mean e.g. wearing seat belts in rear seats of buses and goods vehicles.

• Require operators of buses to ensure that passengers are made aware of the requirement to wear a seat belt by means of an announcement, an audio-visual presentation or signing.

The requirements referred to in respect of buses will not apply to buses either: