News Feature in Autostar - Seatbelt Law
Jonathan Mason from Clarkes Solicitors this week looks at the law in relation to seat belts, which was altered in September 2006 to include various new provisions particularly relating to children.
We all know that seat belts and child restraints are vital safety factors and have become accustomed to ensuring that ourselves and passengers "belt up", but are we complying with the law?
As we will see it is far from straight forward and failure to comply can result in a fine of up to £500, although more likely the offer of a fixed penalty of £30. In neither case is it possible for a licence to be endorsed.
The simple case is that the driver must wear a belt whilst driving if one is available. Exemptions include - reversing, delivery drivers conducting journeys of less than 50 meters, taxi drivers and certain medical grounds. If no belts are fitted no offence is committed.
The private car driver must also take responsibility for all passengers under the age of 14. Any failure by such passengers to comply with the law results in punishment of the driver. A child under the age of three cannot travel in the front or rear of a vehicle unless restrained by an approved child restraint for his/her weight the only exception being in the rear of taxis if such a restraint is not available. Thus a three year old cannot travel in an older car for example if it does not have safety belts and thus the approved restraint fitted.
The situation becomes more complex once your child is three years of age. Between three and twelve years of age or 135 cm in height (4'5'') then he/she cannot travel in the front passenger seat without the appropriate child restraint. He/she can however travel in the rear without restraint if safety belts are not fitted. If safety belts are fitted then the correct restraint must be used.
Exceptions to this rear seat regulation allows travel by children aged 3-12 years under 135cm using the adult safety belt without the child restraint if it is for a short distance of unexpected necessity and the restraint is not available, or the use of two other occupied child restraints prevent the use of a third or it is the rear of a taxi.
Once your child reaches 12 years of age or 135cm in height then he/she can travel in the front or rear using simply the adult safety belt if one is fitted. Failure to use a seatbelt results in punishment of the driver. Children over 135cm or 12 years of age can travel unrestrained in either the front or rear if no safety belts are fitted to the vehicle.
For more information contact Jonathan Mason at Clarkes Oakengates on 01952 618787.
