The Motor Vehicles (Wearing of Seat Belts by Children in Rear Seats) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations are made for the purposes of section 15(3) of the Road Traffic Act 1988. Section 15(3) requires children under the age of 14 years in the rear of motor vehicles to wear seat belts in conformity with regulations in certain circumstances.

2.  Regulation 3 prescribes the descriptions of seat belts that are to be worn and, in relation to children aged between 1 and 4 years using an adult seat belt, the manner of use. The prescribed manner of use in such a case is that the adult seat belt must be used in conjunction with a booster cushion. However, the Regulations do not prevent a child wearing an adult seat belt other than in this manner if regulation 5(2) exempts him from the requirements of section 15(3) (see paragraphs 5 and 6 below). For example, if the only seat belt in the rear of a vehicle is an adult seat belt and there is no booster cushion in the vehicle, a child aged 3 would be exempt from the requirements of section 15(3) and could lawfully wear the seat belt without using a booster cushion.

3.  Regulation 4 exempts certain vehicles from the application of section 15(3). By virtue of that regulation section 15(3) applies only to motor cars. Furthermore, licensed taxis and licensed hire cars (as defined in section 13 of the Transport Act 1985) are exempt if the rear seats are separated from the driver by a fixed partition.

4.  Regulation 5(1) exempts–

(a) any child for whom there is a certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for that child to wear a seat belt;

(b) a child aged under 1 year in a carry cot restrained by straps; and

(c) a disabled child who is wearing a disabled person’s belt.

5.  Regulation 5(2) exempts from the application of section 15(3) the driving of a vehicle where every child for whom an appropriate seat belt is available, is wearing such a belt and other children are in the rear of the vehicle.

6.  This exemption depends upon the meaning of“appropriate” and“available”.“Appropriate” is defined in regulation 2(3) and the rules for determining whether a seat belt is available are set out in regulation 6. Amongst other things, an adult seat belt is to be regarded as available for a child aged between 1 and 4 years only if there is a booster cushion in or on the vehicle which is not being used by another child in that age range.