Information Sheet Summary The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 state that children travelling in cars are required to use an appropriate child restraint or adult seat belt. - Drivers are responsible for ensuring that children under 14 years of age are restrained in the correct manner.
- Passengers aged over 14 are legally responsible for ensuring that they are wearing a seat belt.
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Travelling in a car
For children up to 3 years old in either the front or the rear seat, the child must use the correct child restraint. The only exception is in a licensed taxi or licensed hire car where a child restraint is not fitted, in which case the child may travel unrestrained in the rear. Drivers should also note that it is illegal to carry a child in a rear-facing child seat in a front seat which is protected by an active frontal airbag.
For children aged 3 and above in the front seat, the correct child restraint must be used. This also applies to the rear seat where seat belts are fitted. An adult seat belt must be used if the correct child restraint is not available in the following three cases:
- in a licensed taxi or private hire vehicle;
- if the child is travelling on a short distance for reason of unexpected necessity;
- if there are two occupied child restraints in the rear which prevent the driver from fitting a third one.
In addition, a child aged 3 and over may travel unrestrained in the rear seat of a vehicle if seat belts are not available. These rules apply to children aged 3 and over until they reach either their 12th birthday or 135cm in height.
Children over 1.35 metres in height, or who are 12 or 13 years old, must wear an adult seat belt if one is available, whether the child is travelling in either the front seat or the rear seat.
For passengers over the age of 14, an adult seat belt must be worn if available, whether the young person is travelling in the front or rear seat. Passengers aged over 14 are legally responsible for ensuring that they are wearing a seat belt.
Travelling in other vehicles
Other vehicles can include vans, buses, coaches, minibuses and goods vehicles.
Children and adults travelling in the front of all vehicles, including vans, buses, coaches, minibuses and goods vehicles must use an appropriate child restraint or adult seat belts.
Passengers sitting in the rear of small minibuses that have an unladen weight of 2,540 kg or less must wear the seat belts that are provided. It is the driver’s responsibility to ensure that:
• children under 3 years of age use an appropriate child restraint if available.
• children aged between 3 and 11 years, under 1.35 metres tall use an appropriate child restraint if available, or if not available, wear the seat belt, if available.
• children aged 12 and 13 years (and younger children who are 1.35 metres or taller) use the seat belt, if available.
Passengers over the age of 14 years in smaller minibuses are legally responsible for wearing a seat belt themselves.
Passengers over the age of 14 must wear seat belts in the rear of larger minibuses (over 2,540 kg unladen weight). However, all passengers are strongly advised to wear seat belts or the correct child seat on all journeys.
Passengers over the age of 14 must wear seat belts in the rear seats in coaches. However, all passengers are strongly advised to wear seat belts or the correct child seat on all journeys.
Further information
The new 2006 regulations amended existing legislation including the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 and the Road Traffic Act 1988.
The Child Car Seats website contains information and guidance from both ROSPA and the Department for Transport’s Think! Road Safety campaign. The following links may be helpful:
Last reviewed: June 2008
We have made every effort to ensure that this Information Sheet was correct at the time of publication. It is intended as a summary of relevant issues and suggests further sources of information. (Legal advice should be sought where appropriate.) We would like to give particular credit to information provided on the Child Car Seats website.
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