Transport Act 1981

27 Compulsory wearing of seat belts

(1) After section 33 of the [1972 c. 20.] Road Traffic Act 1972 there shall be inserted the following section: —

“33A Wearing of seat belts.

(1) The Secretary of State 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 section—

(a) may make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances ;

(b) 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 ;

(ii) 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;

(c) may make any prescribed exceptions subject to such conditions as may be prescribed ; and

(d) 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) Any person who drives or rides in a motor vehicle in contravention of regulations under this section shall be guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention shall be guilty of an offence by reason of the contravention.

(4) If the holder of any such certificate as is referred to in subsection (2)(b) above is informed by a constable that he may be prosecuted for an offence under subsection (3) above, he shall not, in proceedings for that offence, be 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) within five days after the date on which he is so informed, it is produced at such police station as he may have specified to the constable.

(5) Regulations under this section requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of fourteen years (to whom the next following section applies).”.

(2) In section 169 of the [1972 c. 20.] Road Traffic Act 1972 (forgery of documents, etc.) in subsection (2) (documents to which that section applies) after paragraph (b) there shall be inserted the following paragraph: —

“(bb) any certificate required as a condition of any exception prescribed under section 33A of this Act;”.

(3) In section 199 of the [1972 c. 20.] Road Traffic Act 1972 (exercise of regulation-making powers and Parliamentary control) the following subsection is inserted after subsection (2)—

“(2A) The following provisions apply to regulations made under section 33A above—

(a) when the Secretary of State proposes to make the first regulations under that section he shall lay before each House of Parliament a statement explaining his proposals ; and

(b) no draft of those first regulations shall be laid before Parliament for approval under subsection (4) below until after the expiration of the period of three months beginning with the day on which the statement was laid (or, if the statement was laid on different days, with the later of the two days); and

(c) at the end of the period of three years beginning with the day on which the first regulations under that section came into force, all regulations in force under that section shall expire unless their continuation in force has been approved by a resolution of each House of Parliament.”

(4) In Part I of Schedule 4 to the Road Traffic Act 1972 (prosecution and punishment of offences) after the entry relating to section 33 there shall be inserted the following entry: —

“33A.

Driving or riding in a, motor vehicle in contravention of regulations requiring wearing of seat belts.

Summarily

£50

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Sections 181 and 183 apply.”