The Motor Vehicles (Wearing of Seat Belts) (Amendment) (No. 2) Regulations 2015

Statutory Instruments

2015 No. 574

Road Traffic

The Motor Vehicles (Wearing of Seat Belts) (Amendment) (No. 2) Regulations 2015

Made

4th March 2015

Coming into force

1st April 2015

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 15(3) and (5) of the Road Traffic Act 1988(1).

Representative organisations have been consulted in accordance with section 195(2) of that Act and a draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 195(4) of that Act.

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts) (Amendment) (No. 2) Regulations 2015 and come into force 28 days after the day they are made.

Amendment of regulations

2.  The Motor Vehicles (Wearing of Seat Belts) Regulations 1993(2) are amended as follows.

3.  In regulation 2(5)(a)(ii) after “Regulations”, insert “or marked in accordance with paragraphs 4, 5.4 and 5.6 of Regulation Number 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles(3)”.

4.  In regulation 8(1)—

(a) in sub-paragraph (a) for “or (b)” substitute “, (b) or (c)”; and

(b) in sub-paragraph (c) after “(a)” insert “or (c)”.

5.  In regulation 8(2) after sub-paragraph (b) insert—

“(c) a child restraint with markings required under paragraphs 4, 5.4 and 5.6 of Regulation Number 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles if the markings indicate that it is suitable for his height, weight and age.”.

Signed by authority of the Secretary of State for Transport

Robert Goodwill

Parliamentary Under Secretary of State

Department for Transport

4th March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision relating to the wearing of seat belts and restraints by children in motor vehicles.

They amend the Motor Vehicles (Wearing of Seat Belts) Regulations 1993.

They implement requirements of Council Directive 2014/37/EU (OJ No L 59 28.2.2014, p32).

Regulation 3 includes in the definition of “child restraint” a seat belt marked in accordance with paragraphs 4, 5.4 and 5.6 of Regulation Number 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles.

Regulations 4 and 5 include in the description of seat belts that may be worn by children, child restraints that bear the markings required under paragraphs 4, 5.4 and 5.6 of Regulation 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles.

An impact assessment of the effect that this instrument will have on costs of the private, public and voluntary sectors is available from the Road User Licencing Insurance and Safety Division, Department for Transport, Zone 3/29 Great Minster House, 33 Horseferry Road, London SW1P 4DR. A copy of the assessment has been placed in the library of each House of Parliament.

A copy of the Transposition Note is also available from the Department for Transport.

The Impact Assessment and the Transposition Note are also annexed to the Explanatory Memorandum that is available alongside the instrument on the website www.legislation.gov.uk .

A copy of Regulation Number 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles, as well as Corrigendum 1 and Amendments 1 and 2 thereto, are available on the website www.unece.org , and from UN Economic Commission for Europe, Information Service, Palais des Nations, CH-1211, Geneva 10, Switzerland.

(1)

1988 c.52; sections 15(5) and 195(4) were amended by the Road Traffic Act 1988 (Amendment) Regulations 1992 (S.I. 1992/3105) and section 15(3) was substituted by the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892).

(2)

S.I. 1993/176; regulation 8(1) was amended by the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892).

(3)

Regulation Number 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles was corrected by Corrigendum 1 and amended by Amendments 1 and 2.