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It is an offence for a person to use, cause or permit to be used on a road a motor vehicle which does not comply with a construction or use requirement.
Seatbelt anchorage points are required to be fitted to a motor vehicle other than an excepted vehicle which is a :-
- bus first used on or after 1st April 1982, (X suffix),
- wheeled motor car first used on or after 1st January 1965, (C suffix),
- three-wheeled motor cycle, unladen weight exceeding 255 kg, first used on or after 1st September 1970 (J suffix), or - heavy motor car first used on or after 1st October 1988, (F prefix).
- A goods vehicle (other than a dual-purpose vehicle) :-
.. first used before 1st April 1967,
.. first used on or after 1st April 1980 and before 1st October 1988 maximum gross weight exceeding 3500 kg, or
.. first used before 1st April 1980 or, if manufactured before 1st October 1979, first used before 1st April 1982 and, in either case, having an unladen weight exceeding 1525 kg,
- an agricultural motor vehicle,
- a motor tractor, - a works truck,
- an electrically propelled goods vehicle first used before 1st October 1988,
- a pedestrian-controlled vehicle,
- a vehicle which has been used on roads outside Great Britain, whilst it is being driven from the place at which it arrived in Great Britain to a place of residence of the owner or driver of the vehicle, or from any such place to a place where, by previous arrangement, it will be provided with such anchorage points and with such seat belts as are required,
- a vehicle having a maximum speed not exceeding 16 m.p.h.,
- a motor cycle equipped with a drivers seat of a type requiring the driver to sit astride it, and which is constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description,
- a locomotive.
Seatbelts are required to be fitted to a motor vehicle to which Regulation 46 applies.
Seatbelts are not required to be fitted to :-
- a vehicle being used under trade licence,
- a vehicle which is not type approved being delivered to distributor or purchaser.
- seats which are fitted with EC Approved or BS approved belts (BS AU183: 1983, BS 3254: 1960 or BS 3254:Part 1:1988) or of corresponding EU standards,
- a specially constructed or adapted disabled persons vehicle with a disabled persons belt for an adult fitted to the drivers seat or the specified passenger's seat,
- a goods vehicle exceeding 3500kg gross first used on or after 1/10/1988 and before 1/10/2001,
- a vehicle constructed or adapted for the secure transport of prisoners in relation to seats for persons other than the driver and any front seat passenger.
[It is an offence for the operator of a bus in which any of the passenger seats are equipped with seat belts to fail to take all reasonable steps to ensure that every passenger is notified that he is required to wear a seat belt at all times when he is in a seat equipped with a seat belt, and the bus is in motion.
Notification can be by an official announcement, or audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so or by a sign prominently displayed at each passenger seat equipped with a seat belt.
A bus :-
- used to provide a local service in a built-up area where the entire route consists of restricted roads, or
- a bus which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.]
[18/09/2006]
A coach or minibus used wholly or mainly for the purpose of carrying a group of 3 or more children (aged 3 or over to under 16 years) on an organised trip where the journey is being made for the purposes of the trip. Includes :-
- (but not limited to) children being carried to or from school or from one part of school premises to another,
- both private vehicles and those used for hire or reward,
- minibuses and coaches, irrespective of age.
Does not apply to vehicles :-
- being used in the provision of a bus service which attracts a fuel duty rebate (eligible local bus services),
- used wholly or mainly for the purpose of providing a transport service for the general public,
- which are neither minibuses nor coaches - eg: buses which have more than 16 passenger seats but which do not exceed 7.5 tonnes gross or have a maximum speed which does not exceed 60 m.p.h..
A seatbelt is required to be fitted in each forward-facing passenger seat for each child being carried in the vehicle (excluding disabled children in wheelchairs). If the coach or minibus concerned was first used on or after 1st October 2001 rearward-facing seats fitted with seatbelts which meet requirements may also be counted towards the total. Excludes local bus services and buses with more than 16 passenger seats not exceeding 7500kg gross or buses over 7500kg but with a max speed of less than 60mph i.e. buses which are neither minibuses nor coaches.
| Item | Vehicle | Anchorage Points | Seatbelts |
|---|---|---|---|
| 1. | Any vehicle first used before 1/4/1982 | driver and specified passenger seat | |
| 2. | Minibus with not more than 12 seats in addition to driver, motor ambulance, motor caravan, first used on or after 1/4/1982 and before 1/10/1988 | driver and specified passenger seat | |
| 3. | Minibus (not included in 7 or 8 below) not exceeding 3500kg gross, motor ambulance, motor caravan, first used on or after 1/10/1988 | driver and each forward facing front seat | |
| 4. | Goods vehicle exceeding 3500kg gross first used on or after 1/10/1988 and before 1/10/2001 | driver and each forward facing front seat | Seatbelts not required |
| 5. | Goods vehicle exceeding 3500kg gross first used on or after 1/10/2001 | driver and all forward facing front seats | |
| 6. | Coach first used on or after 1/10/1988 and before 1/10/2001 | driver and all exposed forward facing seats | |
| 7. | Bus exceeding 3500kg gross, first used on or after 1/10/2001, (not an urban bus) | driver and all forward-facing and rearward-facing seats | |
| 8. | Bus not exceeding 3500kg gross, first used on or after 1/10/2001, (not an urban bus) | driver and all forward facing and rearward facing seats | |
| 9. | Passenger or dual-purpose vehicle (other than a bus) not in items 2 to 8, first used on or after 1/4/1982 | Anchorage Points - every forward facing seat constructed or adapted to accommodate no more than 1 adult | Seatbelts- driver and specified passenger seat and, if first used on or after 1st April 1987, any forward-facing front seat alongside the driver's seat and certain forward-facing rear seats |
| 10. | Vehicle (other than a bus) not in items 2 to 9, first used on or after 1/4/1982 | Anchorage Points - every forward facing front seat and every non-protected seat | Seatbelts - driver and specified passenger seat and if first used on or after 1st April 1987 any forward-facing front seat alongside the driver's seat. |
Where a seat belt is required to be fitted (by Regulation 47), the seat belt and every anchorage point, fastening, adjusting device and retracting mechanism (if any) for that belt must comply with the following requirements :-
- all load bearing members of the vehicle and panelling within 30 centimetres of each anchorage point must be free from serious corrosion, distortion or fracture,
- the adjusting device and, if fitted, retracting mechanism of the belt must be maintained to adjust automatically, or manually according to its design,
- the seat belt, anchorages and fastenings shall be maintained free from any obvious defect which would be likely to affect their performance,
- the buckle and fastening mechanisms shall be maintained and kept free from obstructions and, except for disabled persons seat belt, be readily accessible to a person sitting in the seat,
- the webbing of the belt must be maintained free from cuts or other visible faults likely to affect performance, - the ends of belt must be securely fastened to anchorage points provided,
- a disabled persons belt must be securely fixed to the vehicle or seat so the occupant would be restrained in the event of an accident.
These requirements also apply to :-
- every anchorage point with which a goods vehicle exceeding 3500kg gross first used on or after 1/10/1988 and before 1/10/2001 is required to be provided,
- the mountings of the seat to a vehicle where the seat incorporates integral seat belt anchorages.
The above requirements do not apply if :-
- the defect occurred on that journey, or
- steps have been taken to have the defect rectified with all reasonable expedition.
Every person aged 14 years or more who is :-
- driving, or
- riding in the front or rear seat of,
any motor vehicle (other than a two wheeled motor cycle with or without a side car) shall wear an adult belt where one is available.
It is an offence for a person to drive or ride in a motor vehicle in contravention of the Motor Vehicle (Wearing Seat Belts) Regulations 1993.
The following persons are exempt from the requirement to wear an adult seat belt :-
- a person holding a medical certificate,
- [the driver of or a passenger in a goods vehicle on a journey not exceeding 50 metres undertaken for delivering or collecting anything], [Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2005 - 01/03/2005]
- a person driving a vehicle while performing a manoeuvre which includes reversing,
- a qualified driver supervising a provisional driver while performing a manoeuvre which includes reversing,
- a person conducting a test of competence to drive and the wearing of a seat belt would endanger himself or any other person,
- a person driving or riding in a vehicle while it is being used for fire brigade (or Fire and Rescue Authority) or police purposes, or for carrying a person in lawful custody including the detained person himself.
- the driver of a licensed taxi while being used for seeking hire, or answering a call for hire, or carrying a passenger for hire, or a private hire vehicle while it is being used to carry a passenger for hire,
- a person riding in a vehicle, being used under a trade licence for the purposes or investigating or remedying a mechanical fault in the vehicle,
- a disabled person wearing a disabled persons belt, or
- a person riding in a vehicle while taking part in a procession organised by or on behalf of the crown or which is commonly or customarily held, or a procession which a notice under Section 11 of the Public Order Act 1986 has been issued.
- the driver of the vehicle if an adult seat belt is not provided,
- a person in the front of a vehicle if no adult belt is available for him in the front,
- a person in the rear of a vehicle if no adult belt is available for him in the rear,
- a person riding in a small or large bus which is being used to provide a local service in a built-up area (where the entire route consists of restricted roads), or
- a person riding in a small or large bus which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
It is an offence for a person, without reasonable excuse, to drive a motor vehicle (other than a two wheeled motor cycle with or without a side car) on a road unless any child under the age of fourteen years in the front of the motor vehicle is wearing a seat belt in conformity with the regulations (section 15(1)).
The prohibition in section 15(1) of the Act shall not apply to :-
- a small child aged 3 years or more who is riding in a bus and is wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
- a child for whom there is a medical certificate; or
- a disabled child who is wearing a disabled person's belt.
- a child riding in a bus :-
-- which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area, or
-- which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing
- a large child if no appropriate seat belt is available for him in the front of the vehicle.
It is an offence for a person, without reasonable excuse, to drive a motor vehicle (other than a bus) on a road where :-
- a child is carried in a front seat which is protected by an airbag, and
- the child is in a rear-facing child restraining device,
unless the air bag has been deactivated or is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to the child (section 15(1A)).
It is an offence for a person, without reasonable excuse, to drive a motor vehicle (other than a two wheeled motor cycle with or without a side car) on a road :-
- where seatbelts are fitted in the rear, unless any child under the age of fourteen years in the rear of the motor vehicle is wearing a seat belt in conformity with the regulations (Sec 15(3)(b)), or
- where no seatbelts are fitted in the rear, whilst carrying a child under the age of three years in the rear of the motor vehicle (Sec 15(3)(a)) [18/09/2006], or
- where the motor vehicle is a passenger car and which has no seat belt is fitted in the rear, where :-
- a child who is under 12 years and less than 150 centimetres in height (a small child) SEE NOTE is in the rear , and
- a seat in the front of the passenger car is provided with an appropriate seat belt but is not occupied by any person. (Sec 15(3A))
Sections 15(3) and (3A) above do not apply to :-
Regulation 9 Motor Vehicles (Wearing of Seat Belts) Regulations 1993- a two wheeled motor cycle with or without a side car,
- a large bus, or
- a licensed taxi or licensed hire car in which the rear seats are separated from the driver by a fixed partition)
Regulation 10 Motor Vehicles (Wearing of Seat Belts) Regulations 1993- a child for whom there is a medical certificate;
- a small child aged under 3 years who is riding in a small bus or a licensed taxi or licensed hire car, if no appropriate seat belt is available for him in the front or rear of the vehicle;
- 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;
- 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;
- 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;
- 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
- 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.
- a child on a small bus on a local service in a built up area or which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
Driver is responsible for him/her self and all children under the age of 14 years (except in large buses or taxis with a fixed partition). Passengers over 14 years are responsible for themselves. Fixed penalty notices should not be issued to juvenile passengers.
| Occupant | Vehicle | Front Seat | Rear Seat |
| Persons aged 14 years and over | All vehicles | Must wear an adult seat belt if available | Must wear an adult seat belt if available |
| Children under 3 years | All vehicles except taxis and buses | Must wear a suitable child restraint. If none available then child must not be carried. Air bags must be de-activated where any child is carried in the front in a rear-facing child restraining device. | |
| Small children aged 3 years or more - under 12 years and under 4’5” (135cm) | All vehicles | Must wear suitable child restraint.
If none available child cannot be carried in the front of a vehicle. |
Must wear suitable child restraint if seatbelts fitted in rear.
If no seatbelts fitted in rear child may be carried unrestrained (see 1) |
| Licensed taxi, a licensed hire car or a bus | An adult belt may be used on a bus only, if no restraint available. | An adult belt may be used if a suitable child restraint is not available. | |
| Passenger car or light goods vehicle. | Must wear suitable child restraint.
If none available child cannot be carried in the front of a vehicle. |
An adult belt may be worn when no appropriate seat belt is available :-
- because of an unexpected necessity when travelling a short distance, or - where the use of child restraints by the child occupants of 2 seats in the rear prevents the use of an appropriate seat belt . |
|
| Children under 12 years and under 4’11” (150cm) 1 | Passenger car | Must wear appropriate seat belt | If no seatbelts fitted in rear and there is a front seat available with a suitable restraint then child must use that front seat. |
| Large Child - 12 or 13 years or 4’5” (135cm) or more | All vehicles except taxis and buses | Must wear suitable child restraint or adult belt if available | Must wear suitable child restraint or adult belt if available. If no seatbelts fitted in rear child may be carried unrestrained (see 1) |
If any front seat (other than the drivers seatbelt) is provided with an adult belt (or an appropriate belt in the case of a child) then a front seat belt is available, or any rear seat is provided with an adult belt (or an appropriate belt in the case of a child) then a rear seat belt is available, unless :-
- another person is wearing the belt, or
- a child is occupying the seat and wearing an appropriate restraint for that child and it is impracticable to wear the belt, or
- another person holding a medical certificate is in the seat, or
- a disabled person is in the seat wearing a disabled persons belt and it is impracticable to wear the belt, or
- by reason of a person's disability, it would not be practicable for him to wear the belt, or
- the person is prevented from occupying the seat by the presence of a carry cot which is restrained by straps and which is occupied by a child under 1 year unless it would be reasonably practical for the cot to be restrained elsewhere, or
- the person is prevented from occupying the seat by the presence of a child restraint which could not be removed without the use of tools unless the person is a child and the restraint is suitable, or
- the seat is specially designed so that :-
A seat shall be regarded as provided with an adult seat belt if it is fixed in such a position that it can be worn by an occupier of that seat. A seat shall not be regarded as provided with an adult seat belt if the seat belt :-
- has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline, or
- is not maintained in accordance with Regulation 48 Construction and Use Regulations.
- A person under the age of 14 years.
- Large child means a child who is not a small child.
- Small child means a child who is aged under 12 years and under 135 centimetres (4'5") in height.
• for a small child is a child restraint suitable for his height and weight and marked as such,
• for a large child - is a child restraint suitable for his height and weight as above or an adult seat belt.
• for a person aged 14 years or more - is an adult belt.
Child restraints, which include baby seats, child seats, booster seats and booster cushions, should bear markings showing the recommended weight of the child, and may show the height. From May 2008 all such restraints should bear UN ECE 44.03 approval markings.
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 and includes, in the case restraint, any special chair to which the belt is attached.
- In the case of a vehicle which has one forward-facing front seat alongside the drivers seat, that seat, or
- in the case of a vehicle which has more than one such seat, the one furthest from the drivers seat; or
- if the vehicle normally has no seat alongside the driver, the forward-facing front passenger seat which is foremost in the vehicle and furthest from the drivers seat, unless there is a fixed partition separating that seat from the space in front of it alongside the drivers seat.
A seat which is not a front seat and the screen zones within the protected area have a combined surface of less than 800 cm2 - see EC Directive 81/575
There are no specific legal requirements for sideways facing seats.
A motor vehicle which
- has at least four wheels,
- is constructed or adapted for the carriage of passengers,
- has more than eight seats in addition to the driver's seat, and
- has a maximum design speed exceeding 25 kilometres per hour
A large bus is a bus which exceeds 3.5 tonnes maximum laden weight,
A small bus is a bus which does not exceed 3.5 tonnes maximum laden weight.
A bus designed for urban use with standing passengers (EC Directive 97/27/EC).
A motor vehicle which is constructed or adapted to carry more than 8 but not more than 16 seated passengers in addition to the driver.
A large bus with a maximum gross weight of more than 7.5 tonnes and with a maximum speed exceeding 60 m.p.h.
A mechanically propelled vehicle, not being a motor tractor, a motor cycle or an invalid carriage, which is constructed itself to carry a load of passengers and the weight of which unladen :-
- if it is constructed solely for the carriage of passengers and their effects and is adapted to carry not more than seven passengers exclusive of the driver, does not exceed 3050 kg;
- if it is constructed for use for the conveyance of goods or burden of any description, does not exceed 3050 kg;
- does not exceed 2540 kg in a case falling within neither of the foregoing paragraphs.
A motor vehicle which :-
- is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,
- has no more than eight seats in addition to the driver's seat,
- has four or more wheels,
- has a maximum design speed exceeding 25 kilometres per hour, and
- has a maximum laden weight not exceeding 3.5 tonnes.
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