The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2015

Statutory Instruments

2015 No. 242

Road Traffic

The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2015

Made

10th February 2015

Coming into force

3rd March 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 14(1) and (2) of the Road Traffic Act 1988(1).

Representative organisations have been consulted in accordance with section 195(2) of that Act.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 195(4) of that Act.

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2015 and come into force on the twenty-first day after the day on which they are made.

Amendment of Regulations

2.—(1) The Motor Vehicles (Wearing of Seat Belts) Regulations 1993(2) are amended as follows.

(2) In regulation 6 (exemptions)—

(a) after paragraph (1)(f) insert—

“(fza) a person riding in a motor ambulance (within the meaning given by regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986(3)) while the person is providing medical attention or treatment to a patient which due to its nature or the medical situation of the patient cannot be delayed;”; and

(b) after paragraph (4) add—

“(5) For the purposes of paragraph (1)(fza) “patient” has the same meaning as in the National Health Service Act 2006(4). ”.

Signed by authority of the Secretary of State

Robert Goodwill

Parliamentary Under Secretary of State

Department for Transport

10th February 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 5 of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (S.I. 1993/176) (“the 1993 Regulations”) requires a person driving or riding in a motor vehicle who is aged 14 years and over to wear an adult seat belt. This requirement is subject to a number of exceptions.

These Regulations amend regulation 6(1) of the 1993 Regulations by inserting an exemption from the requirement to wear a seat belt for persons riding in a motor ambulance while the person is providing medical attention or treatment to a patient which due to its nature or the medical situation of the patient cannot be delayed. Patient is defined as having the same meaning as in the National Health Service Act 2006. In the 2006 Act patient is defined as including a woman who is pregnant or breast-feeding or who has recently given birth.

These Regulations adopt the definition of motor ambulance as set out in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078). For the purpose of these Regulations a motor ambulance is a purpose built motor vehicle which is specially constructed and equipped for medical purposes.

Council Directive 91/671/EEC of 16th December 1991 on the approximation of the laws of Member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes (OJ No L 373, 31.12.1991, p 26), as amended by Directive 2003/20/EC (OJ No L 115, 9.5.2003, p 63), provides under article 6 that Member States may, with the agreement of the European Commission, exempt emergency services from the requirement to wear a safety belt to ensure that they can perform their duties properly. The agreement of the European Commission was obtained in respect of the proposed amendment on 17th June 2014.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. However, a shorter impact assessment has been prepared and is available alongside the Explanatory Memorandum and the instrument on the UK legislation website, www.legislation.gov.uk. A copy of the Directives referred to in this Explanatory Note may be viewed in the Official Journal of the European Union via the EUR-lex website at http://eur-lex.europa.eu/homepage.html.

(1)

1988 c. 52. Section 192(1) of the 1988 Act contains the definition of “prescribed”.

(2)

S.I. 1993/176, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

(4)

2006 c.41. For “patient”, see section 275 of the 2006 Act.