The Road Traffic Act 1988 (Amendment) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend sections 14 and 15 of the Road Traffic Act 1988 for the purpose of implementing Council Directive 91/671/EEC on the approximation of the laws of member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes.

Section 14 relates to the wearing of seat belts by persons aged 14 years or more. Section 15 relates to the wearing of seat belts by persons aged under 14 years. Section 15 (amongst other things) makes it an offence for a person to drive a motor vehicle if (amongst other things) a child in the rear is not wearing a seat belt and a seat belt is fitted in the rear. Provision is made for exceptions to be prescribed by Regulations. The sections give the Secretary of State power to prescribe the descriptions of seat belts which are to be worn and require regulations to make exemption for a person holding a certificate signed by a medical practitioner to the effect that it would be inadvisable on medical grounds for him to wear a seat belt.

The amendments extend the offence described above so that it applies where there is no seat belt fitted in the rear, but there is an unoccupied seat in the front which is provided with a seat belt. The extension applies only to children who are aged under 12 years and less than 150 centimetres tall. Regulations can prescribe exceptions.

The amendments enable regulations to make provision for seat belts approved by other member States and require regulations to make exemptions for persons holding equivalent certificates which are valid under the law of another member State.