The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006

Amendment of the Road Traffic Act 1988 E+W+S

3.—(1) In section 15 (restriction on carrying children not wearing seat belts in motor vehicles) after subsection (1) insert—

“(1A) Where—

(a) a child is in the front of a motor vehicle other than a bus,

(b) the child is in a rear-facing child restraining device, and

(c) the passenger seat where the child is placed is protected by a front air bag,

a person must not without reasonable excuse drive the vehicle on a road unless the air bag is deactivated.”.

(2) In subsection (2) of that section, after “subsection (1)” insert “or (1A)”.

(3) For subsection (3) of that section substitute—

“(3) Except as provided by regulations, where—

(a) a child under the age of three years is in the rear of a motor vehicle, or

(b) a child of or over that age but under the age of fourteen years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,

a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.”.

(4) In subsection (9) of that section insert before the definition of “maximum laden weight”—

““bus” means a motor vehicle that—

(a)

has at least four wheels,

(b)

is constructed or adapted for the carriage of passengers,

(c)

has more than eight seats in addition to the driver’s seat, and

(d)

has a maximum design speed exceeding 25 kilometres per hour;”.

(5) After subsection (9) of that section insert—

“(9A) The reference in subsection (1) above to the air bag being deactivated includes a reference to the case where the air bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question.”.

Commencement Information

I1 Reg. 3 in force at 18.9.2006, see reg. 1(1)