PART IIADULTS IN THE FRONT OR REAR OF A VEHICLE

ExemptionsI16

1

The requirements of regulation 5 do not apply to—

a

a person holding a medical certificate;

F1b

the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed 50 metres and which is undertaken for the purpose of delivering or collecting any thing;

c

a person driving a vehicle while performing a manoeuvre which includes reversing;

d

a qualified driver (within the meaning given by F2regulation 17 of the Motor Vehicles (Driving Licences) Regulations 1999) who is supervising the holder of a provisional licence (within the meaning of Part III of the Act) while that holder is performing a manoeuvre which includes reversing;

e

a person by whom, as provided in F3the Motor Vehicles (Driving Licences) Regulations 1999, a test of competence to drive is being conducted and his wearing a seat belt would endanger himself or any other person;

f

a person driving or riding in a vehicle while it is being used for F9Scottish Fire and Rescue ServiceF7or, in England, fire and rescue authorityF4or, in England or Wales, fire and rescue authority or police purposes or for carrying a person in lawful custody (a person who is being so carried being included in this exemption);

F11fza

a person riding in a motor ambulance (within the meaning given by regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986) while the person is providing medical attention or treatment to a patient which due to its nature or the medical situation of the patient cannot be delayed;

F5fa

as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a person driving or riding in a vehicle while it is being used for Serious Organised Crime Agency purposes;

F6fb

so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, a person driving or riding in a vehicle while it is being used for Serious Organised Crime Agency purposes;

g

the driver of—

i

a licensed taxi while it is being used for seeking hire, or answering a call for hire, or carrying a passenger for hire, or

ii

a private hire vehicle while it is being used to carry a passenger for hire;

h

a person riding in a vehicle, being used under a trade licence, for the purpose of investigating or remedying a mechanical fault in the vehicle;

j

a disabled person who is wearing a disabled person’s belt; or

k

a person riding in a vehicle while it is taking part in a procession organised by or on behalf of the Crown.

2

Without prejudice to paragraph (1)(k), the requirements of regulation 5 do not apply to a person riding in a vehicle which is taking part in a procession held to mark or commemorate an event if either—

a

the procession is one commonly or customarily held in the police area or areas in which it is being held, or

b

notice in respect of the procession was given in accordance with section 11 of the Public Order Act 198611.

3

The requirements of regulation 5 do not apply to—

a

a person driving a vehicle if the driver’s seat is not provided with an adult belt;

b

a person riding in the front of a vehicle if no adult belt is available for him in the front of the vehicle;

c

a person riding in the rear of a vehicle if no adult belt is available for him in the rear of the vehicle.

F84

The requirements of regulation 5(1)(b) do not apply to a person riding in a small or large bus—

a

which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area, or

b

which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.

F105

For the purposes of paragraph (1)(fza) “patient” has the same meaning as in the National Health Service Act 2006.