This is the original version (as it was originally made).
23.—(1) The Department may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed.
(2) Regulations under this Article—
(a)may make different provision in relatoin to different classes of vehicles, different descriptions of persons and different circumstances;
(b)may, for the purpose of implementing the seat belt Directive, authorise the wearing of a seat belt approved under the law of a member State other than the United Kingdom;
(c)shall include exceptions for—
(i)the users of vehicles constructed or adapted for the delivery of goods or mail to consumers or addressees, as the case may be, while engaged in making local rounds of deliveries;
(ii)the drivers of vehicles while performing a manoeuvre which includes reversing;
(iii)any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt;
(d)shall, for the propose of implementing the seat belt Directive, include an exception for any person holding a certificate to the like effect as that mentioned in sub-paragraph (c)(iii) which was issued in a member State other than the United Kingdom and which, under the law of that State, is valid for purposes corresponding to those of this Article;
(e)may make any prescribed exceptions subject to such conditions as may be prescribed; and
(f)may prescribe cases in which a fee of a prescribed amount may be charged on an application for any certificate required as a condition of any prescribed exception.
(3) A person who drives or rides in a motor vehicle in contravention of regulations under this Article is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.
(4) If the holder of any such certificate as is referred to in paragraph (2)(c) or (d) is informed by a constable that he may be prosecuted for an offence under paragraph (3), he is not in proceedings for that offence entitled to rely on the exception afforded to him by the certificate unless—
(a)it is produced to the constable at the time he is so informed; or
(b)it is produced—
(i)within 7 days after the date on which he is so informed, or
(ii)as soon as is reasonably practicable,
at such police station as he may have specified to the constable; or
(c)where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the day on which the proceedings are commenced.
(5) For the purposes of paragraph (4), the service of a summons on the accused shall be treated as the commencement of the proceedings.
(6) Regulations under this Article requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of 14 years.
(7) In this Article, “the seat belt Directive” means the Directive of the Council of the European Communities, dated 16th December 1991 (No. 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.
24.—(1) Except as provided by regulations, where a child under the age of 14 years is in the front of a motor 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.
(2) It is an offence for a person to drive a motor vehicle in contravention of paragraph (1).
(3) Except as provided by regulations, where a child under the age of 14 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) Except as provided by regulations, where—
(a)a child who is under the age of 12 years and less than 150 centimetres in height is in the rear of a passenger car;
(b)no seat belt is fitted in the rear of the passenger car; and
(c)a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person,
a person must not without reasonable excuse drive the passenger car on a road.
(5) It is an offence for a person to drive a motor vehicle in contravention of paragraph (3) or (4).
(6) Provision may be made by regulations—
(a)excepting from the prohibition in paragraph (1), (3) or (4) children of any prescribed description, vehicles of a prescribed class or the driving of vehicles in such circumstances as may be prescribed.
(b)defining in relation to any class of vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of paragraph (1) or (4) or as the rear of the vehicle for the purposes of paragraph (3) or (4);
(c)prescribing for the purposes of paragraph (1) or (3) the descriptions of seat belt to be worn by children of any prescribed description and the manner in which such seat belt is to be fixed and used.
(7) Without prejudice to the generality of paragraph (6), regulations made by virtue of sub-paragraph (c) of that paragraph may, for the purpose of implementing the seat belt Directive,—
(a)make different provision in relation to different vehicles and different circumstances;
(b)authorise the wearing of a seat belt approved under the law of any member State other than the United Kingdom.
(8) Regulations made for the purposes of paragraph (3) or (4)—
(a)shall include an exemption for any child holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt; and
(b)shall, for the purpose of implementing the seat belt Directive, include an exemption for any child holding a certificate to the like effect which was issued in any member State other than the United Kingdom and which, under the law of that state, is valid for purposes corresponding to those of this Article,
but such regulations may, for the purpose of implementing that Directive, make either of those exemptions subject to such conditions as may be prescribed.
(9) If the driver of a motor vehicle is informed by a constable that he may be prosecuted for an offence under paragraph (5), he is not in proceedings for that offence entitled to rely on a exception afforded to a child by a certificate referred to in paragraph (8) unless—
(a)it is produced to the constable at the time he is so informed, or
(b)it is produced—
(i)within 7 days after the date on which he is so informed, or
(ii)as soon as is reasonably practicable,
at such police station as he may have specified to the constable, or
(c)where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.
(10) For the purposes of paragraph (9), the service of a summons on the accused shall be treated as the commencement of the proceedings.
(11) In this Article—
“maximum laden weight” in relation to a vehicle means—
in the case of a vehicle in respect of which a gross weight not to be exceeded is specified in construction and use requirements, that weight; or
in the case of a vehicle in respect of which no such weight is specified in construction and use requirements, the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden,
and in sub-paragraphs (a) and (b), the expression “construction and use requirements” has the meaning given in Article 53;
“passenger car” means a motor vehicle which—
is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,
has no more than 8 seats in addition to the driver’s seat,
has 4 or more wheels,
has a maximum design in speed exceeding 25 kilometres per hour, and
has a maximum laden weight not exceeding 3.5 tonnes;
“regulations” means regulations made by the Department under this Article;
“seat belt” includes any description of restraining device for a child and any reference to wearing a seat belt shall be construed accordingly; and
“the seat belt Directive” has the same meaning as in Article 23.
25.—(1) The Department may make payments in respect of the examination of applicants falling within any class mentioned in paragraph (2) being applicants for medical certificates required as a condition of any exception prescribed by regulations under Article 23 or 24 (wearing of seat belts).
(2) The classes referred to in paragraph (1) are—
(a)those in receipt of—
(i)attendance allowance under section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1);
(ii)a disability living allowance under section 71 of that Act;
(iii)disablement pension under section 103 of that Act at a weekly rate increased by virtue of section 104(1) of that Act (constant attendance needed);
(iv)an allowance under Article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(2) (constant attendance allowance);
(v)a mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939(3) or under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977(4) (war pensioners' mobility supplement); or
(vi)a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939 together with a mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984 or under Royal Warrant dated 30th December 1949 or under Queen’s Regulations for the Royal Air Force;
(b)those in receipt of income support, family credit or disability working allowance and their dependants; and
(c)those whose names are in the register of disabled persons maintained under section 6 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(5).
(3) The Department may by order amend paragraph (2) (whether as originally enacted or as previously amended under this paragraph) so as to omit any of the classes mentioned in that paragraph or add to or substitute for any of those classes other classes of any description.
26.—(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this Article applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles.
(2) Regulations under this Article may make provision for securing that when equipment of a type prescribed by the regulations is sold, or offered or exposed for sale, as equipment which is so conducive—
(a)appropriate information is provided in relation to it in such manner as may be prescribed; and
(b)inappropriate information is not provided in relation to it.
(3) Except in such circumstances as may be prescribed, if a person sells, or offers or exposes for sale, equipment of any description for which a type is prescribed under this Article as equipment which is so conducive and that equipment
(a)is not of a type so prescribed, or
(b)is sold, or offered or exposed for sale, in contravention of regulations under this Article,
he is, subject to paragraph (5), guilty of an offence.
(4) Except in such circumstances as may be prescribed, if a person sells, or offers or exposes for sale, equipment of any description for which a type is prescribed under this Article as equipment conducive to the safety in the event of accident
(a)of children not of a class prescribed in relation to equipment of that type, or
(b)of children in motor vehicles not of a class prescribed in relation to equipment of that type,
he is, subject to paragraph (5), guilty of an offence.
(5) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of equipment if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.
(6) The provisions of Schedule 1 shall have effect in relation to contraventions of this Article.
(7) This Article applies to equipment of any description for use in a motor vehicle consisting of—
(a)a restraining device for a child or for a carry-cot, or
(b)equipment designed for use by a child in conjunction with any description of restraining device.
(8) References in this Article to selling or sale include references to letting on hire and offering or exposing for sale shall be construed accordingly.
27.—(1) The Department may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in sidecars) on motor cycles of any class or description specified in the regulations to wear protective headgear of such description as may be so specified.
(2) A requirement imposed by regulations under this Article shall not apply to any follower of the Sikh religion while he is wearing a turban.
(3) A person who drives or rides on a motor cycle in contravention of regulations under this Article is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of 16 years.
28.—(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of helmet recommended as affording protection to persons on or in motor cycles, or motor cycles of different classes, from injury in the event of accident.
(2) If a person sells, or offers or exposes for sale, a helmet as a helmet for affording such protection and the helmet is neither—
(a)of a type prescribed under this Article, nor
(b)of a type authorised under regulations made under this Article and sold, or offered or exposed for sale, subject to any conditions specified in the authorisation,
subject to paragraph (3), he is guilty of an offence.
(3) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of a helmet if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.
(4) The provisions of Schedule 1 shall have effect in relation to contraventions of this Article.
(5) In this Article and Schedule 1 “helmet” includes any head-dress, and references to selling or sale shall include references to letting on hire and references to offering or exposing for sale shall be construed accordingly.
29.—(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of appliance of any description to which this Article applies as authorised for use by persons driving or riding (otherwise than in sidecars) on motor cycles of any class specified in the regulations.
(2) Regulations under this Article may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used.
(3) If a person driving or riding on a motor cycle on a road uses an appliance of any description for which a type is prescribed under this Article and that appliance—
(a)is not of a type so prescribed, or
(b)is otherwise used in contravention of regulations under this Article,
he is guilty of an offence.
(4) If a person sells, or offers or exposes for sale, an appliance of any such description as authorised for use by persons on or in motor cycles, or motor cycles of any class, and that appliance is not of a type prescribed under this Article as authorised for such use, he is, subject to paragraph (5), guilty of an offence.
(5) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of an appliance if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.
(6) The provisions of Schedule 1 shall have effect in relation to contravention of paragraph (4).
(7) This Article applies to appliances of any description designed or adapted for use—
(a)with any headgear, or
(b)by being attached to or placed upon the head,
(as, for example, eye protectors or earphones).
(8) References in this Article to selling or sale include references to letting on hire and references to offering or exposing for sale shall be construed accordingly.
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