Seatbelt Legislation

In addition, the revised regulations also say that rear-facing baby seats MUST NOT be used in a seat protected by a frontal air-bag unless the air-bag has been deactivated manually or automatically.

* Children under 3 years MUST use the child restraint appropriate for their weight in all cars, vans and other goods vehicles, with the single exception for the rear of taxis. They cannot travel otherwise. This means for example that they may not travel in cars, vans or goods vehicles which do not have seat belts installed.

** Examples. A 7 year old who is 140 cms tall is over the height for a child restraint and may use an adult seat belt. A 12 year old who is 130 cms tall is over the age threshold and therefore may use an adult belt.

*** If no seat belts are fitted in the front, then children under 135 cms in height (who are also under 12 years of age) cannot travel in the front.

In buses and coaches (including minibuses), seated passengers aged 14 years and above will have to use seat belts where they are fitted. Regulations requiring children 3 years to 13 years to use seat belts (or child restraints if they are available) in these vehicles will be brought forward as soon as practicable. The regulations will not include any obligation for anyone to provide child restraints in these vehicles.

1. Are there any exemptions?

Three exceptions allow children 3 years to 135 cms in height to travel in the rear and use an adult belt:

• in a licensed taxi/private hire vehicle, if the right child restraint is not available; or
• for unexpected necessity over a short distance, if the right child restraint is not available; or
• where two occupied child seats in the rear prevent the fitment of a third child seat.

Children under 3 years may travel in the rear of a taxi unrestrained if no child restraint is available.

2. What do you mean by "child restraints"?

"Child restraints" is the collective term in the seat belt wearing legislation for baby seats, child seats, booster seats and booster cushions.

Modern child restraints are designed for specific weight ranges of child. They have to be marked with a label (showing an "E" and "44.03" or ".03") and the Group number, or weight range of child, for which it is designed.

Manufacturers use different names for their products so the names we have used below may not always apply and are a guide only. Manufacturers sometimes combine weight ranges in one product so that it can be used over a longer time as a child grows. It is the weight of the child that decides the restraint that must be used.

• Group 0 and Group 0+. These are baby seats - rear-facing and for children up to 10 kgs and up to 13 kgs respectively (approx age birth to 9-12 months);
• GroupI. Child seats - forward facing and for children 9 kgs to 18 kgs (approx 9 months to 4 years);
• Group II. Booster seats - for children from 15 kgs to 25 kgs (approx 4 to 6 years), or 15kgs up to 36 kgs);
• Group III. Booster cushions - for children from 22 kgs and up to 36 kgs (from approx 6 years).

3. When will the regulations come into force?

The regulations will come into force on 18 September 2006.

4. Why are the rules changing?

• The changes update regulations dating from 1993 when many more cars on the road than now did not have rear seat belts. The old rules are generally to use child seats and boosters 'if they are available'. The vast majority of cars now have rear seat belts. Therefore parents can now benefit by always using child seats and boosters.

5. Who is responsible for making sure children are properly restrained in the car?

Drivers are legally responsible for making sure that children under 14 years use seat belts or child restraints in cars and goods vehicles. Those 14 years and above are responsible for themselves.

6. What are the penalties for non-compliance?

A £30 fixed penalty notice. If a case goes to court, the maximum fine is £500. Penalty points are not applicable. In 2004, there were some 200,000 fixed penalties issued by the police and about 5000 cases went to court.

7. Does that mean that I may not carry children in just a seat belt if they are under 135cm?

Correct - the new law requires this for children's safety. There are a few exemptions but parents and carers will need to think ahead about how they, or someone else, will be carrying their child.

8. Surely adult seat belts are OK for older children?

• Adult seat belts are best for people over 150 cms (approx 5') in height and with an adult bone structure. Children need to use child seats and boosters to be safe - they put them in the right position to benefit from the adult seat belt properly.
• The lap belt element of an adult seat belt needs to go as low as possible over the stomach. Therefore a child needs to be boosted up so the adult belt fits properly. If not, the adult belt sits too high over the stomach and in a crash there is a risk of damage to internal organs as well as slipping out under the belt.

9. What if I am carrying more children than I can fit car seats?

All children up to 135 cms in height MUST use the correct child restraint and therefore you may not carry more children than there are child restraints . However, if a car has 3 seat belts in the rear, and 2 occupied child seats or boosters prevent the fitting of a third, a third child 3 years or over may then use an adult belt in the rear. If there is room, it would be safer for the third child to travel in the front seat and use the correct child seat or booster. See below about air-bags in front seats.

10. What about travelling in licensed taxis?

• It is impracticable to expect the right child seat or booster to be available in a taxi unless parents have brought one with them. Therefore, there is an exception so that if child restraints are not available in a licensed taxi or licensed private hire vehicle:
• under 3s may travel unrestrained but in the rear only;
• those 3 years and above must use an adult belt in the rear seat only.
• Remember that a child up to 135 cms in a front seat of any vehicle must use the correct child seat or booster.

The driver of the vehicle is responsible for seat belt wearing by children under 14 years (except in taxis with fixed partitions).

11. What about rear facing seats in the back of estate cars, or small seats with forward facing seats in sports cars?

Some estate cars have rear facing seats in the luggage compartment for use by children, and some 2 + 2 sports cars have small rear seats. Child seats/boosters to the required UN ECE Regulation 44.03 type approval must be used on these seats. However, it may be that such seats are certified to UN ECE 44.04 type approval standards which means that they effectively approved child seats/booster sets themselves and therefore a separate child seat/booster would not be needed. If a seat complies with the type-approval standard, it will have an "E" label, with "44.03" or ".03" and the weight range of the child for which it is designed. You may need to check with the car handbook, or the vehicle manufacturer, whether the seat is so approved.

12. What if my child (or I) has an accident and needs to go in an ambulance that doesn't have a child restraint?

The new regulations will include an exemption for emergency vehicles, including police vehicles.

13. What will happen if there is an emergency and at short notice I can't pick my child up from school and have to ask a friend to do it? What if someone else has an unexpected delay and asks me to pick up their child from school and I don't have a spare child restraint?

• If there is an 'unexpected necessity' there is an exemption for a child of 3 years or more to wear an adult belt on a short journey when no appropriate child seat is available. The exemption is not intended to cover regular school runs or other journeys that are planned in advance.
• Children under 3 years must always have a child seat. The only exception is when they travel in the rear of taxis and a child seat is not available.

14. Do the rules apply in cars not fitted with seatbelts?

Children under 3 must use the appropriate child restraint in all cases - there is no exemption for them in vehicles with no seatbelts in the rear, such as classic cars. However, children 3 years to 135 cms height may be carried in the rear of vehicles without restraints but they can only go in the front if they use the correct child seat or booster.

15. What if there are no seat belts in the rear of a vehicle (car/van/camper)?

Children under 3 must use the correct baby seat or child seat so they would need to be travelling in the front in the correct child restraint. Children 3 and up to 135 cms in height must use child seats or boosters in the rear where seat belts are fitted. The law is not going to make people fit restraints in the rear of vehicles where the seats do not have seat belts; but remember it is not safe for children to travel unrestrained. Cars dating from April 1982 will have seat belt anchorage points if they don't have seat belts - so fitting is easy.

16. What if there are too many people for everybody to use a seat belt?

• In a crash, unbelted passengers can injure other passengers. It is also very dangerous to carry a baby or small child in your lap - never try this, do it, even for a short distance because in a crash you will not be able to hold onto them!
• Never use one seat belt for two children or for an adult or child. In a crash, one will crush the other.
• From May 2009, all passengers in any vehicle with seat belts fitted will have to use a seat belt or child seat or booster.

17. Why can't I use a rear-facing baby seat in a seat protected by an active frontal air-bag?

Air-bags are powerful safety devices. A rear-facing baby seat could be hit by a frontal air-bag if it deployed - and could be thrown up and towards the rear of the vehicle. This means that the baby seat and child could be completely unrestrained during a crash.

18. Can I use a forward facing child seat or booster in a seat fitted with an active air-bag?

See what the car handbook says about children in seats with frontal air-bags. This can vary from car to car. We strongly recommend that advice should be followed because air-bags are powerful safety devices that must be treated with respect. Children, and adults for that matter, should not sit close to an active frontal air-bag. We suggest that the car seat should be as far back as possible from an air-bag.

19. I'll need to get a child seat/booster seat or cushion now. How do I choose the right one and how much will that cost?

• There is a range of products and prices. All the major shops selling child seats have information on their websites, including prices.
• Modern child restraints are designed for specific weight ranges of child. They have to be marked with a label (showing an "E" and "44.03" or ".03") and the Group number, or weight range of child, for which it is designed. If you need help, most retailers of child restraints will have trained staff that can help in choosing the right one.
• Manufacturers use different names for their products so the names we have used below may not always apply and are a guide only. Manufacturers sometimes combine weight ranges in one product so that it can be used over a longer time as a child grows. It is the weight of the child that decides the restraint that must be used.
• Most seats will fit most cars but the advice is to try before you buy.

Further advice can be found at:
www.thinkroadsafety.gov.uk/advice/childcarseats01.htm.

20. How do I know if my child car seat is correctly fitted?

• Follow the manufacturer's instructions carefully when fitting your car seat and keep them in your car. Make sure that the child seats are tightly held in place. Make sure others know how to fit them properly if they are taking your children out with them.
• Some retailers offer a service demonstrating how to fit a child seat. Always allow time to check your car seat is still fitted correctly every trip.
• Speak with your local Road Safety Officer (at your local council) or look out in your local press for any fitting checks in your area.

21. When I buy a new child car seat, how will I know if it will fit my car properly?

Try before you buy. Some retailers offer a service demonstrating how to fit a child seat which will also check whether it fits. Manufacturers' web-sites may have advice.

22. I have a child with a disability and it's very difficult to get them in a child car seat. What can I do?

Child seats are available that are designed specifically for children with disabilities. Advice can be obtained from the manufacturers of child seats or from specialist retailers of child seats. A list can be found at: www.dft.gov.uk/stellent/groups/dft_mobility/documents
/page/dft_mobility_503256.hcsp. Alternatively, Road Safety Officers (at local county councils) may know of specialists in their vicinity.

23. Can second-hand child seats and boosters be used?

Beware of second-hand child seats. Are they the up-to-date UN ECE 44.03 or later standard? Do they have the correct fittings and instructions, and have they been in a crash already?

24. My child is under 135 cms in height but already weighs more than 36 kgs? Should he use the adult belt?

No. The legislation is clear that height is the measure to decide whether to move up to the adult belt. Using a booster cushion and the adult belt even if a child is over 36 kgs is far better than using the adult belt alone.

25. How do I know which is the best child seat?

The best child seat is one that is right for the weight of the child and is correctly fitted as instructed by the manufacturer.

26. What are the seat belt wearing rules in mini-buses, buses and coaches?

• Seat belt wearing is already compulsory in minibuses under 2.54 tonnes unladen weight. If available, an appropriate child seat must be used in these vehicles but operators are not required to provide them.
• From 18 September, seated passengers aged 14 years and above will have to use seat belts where they are fitted in all buses and coaches. . Regulations requiring children 3 years to 13 years to use seat belts (or child restraints if they are available) will be brought forward as soon as practicable. The regulations will not include any obligation for anyone to to provide child restraints in these vehicles.

There is nothing in law to prevent child restraints being used if they fit in a bus or coach. However, these vehicles may only have lap belts and most child seats need lap and diagonal belts in order to be secured. In addition, the seats in these vehicles may be the wrong proportions for child restraints.

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