Do you know the law regarding children and car seats? It is actually quite simple but please take note - in many situations it is the driver’s responsibility to ensure that the child is correctly restrained – if they are not, the driver will be legally liable. Also, the law and the type of child restraint you should use changes depending on the child’s age and height.

Children up to three years old

It is illegal to carry a child in a rear facing child seat in the front where there is an airbag in the car, unless it has been de-activated. If you are in a licensed taxi or hire car, and a child restraint is not available, then the child may travel unrestrained in the rear of the vehicle. This is the only exception and has been permitted for practical rather than safety reasons.  

Children between three and twelve years old less than 135cm tall

Children can travel in the front or rear but must use the correct child restraint where seat belts are fitted. There are three exceptions where, if a child restraint is not available, the child must use the adult seatbelt instead.  These are in a licensed taxi or private hire vehicle, if the child is travelling a short distance for a reason “of unexpected necessity” – this really is likely to mean in an emergency situation only, and if there are two occupied child restraints in the rear of the car which prevent the fitting of a third. Although it is unlikely to happen now, a child over three years old may travel unrestrained in the rear seat of a vehicle where seatbelts are not available.  

Children over 135cm in height or 12 years old and over

In both the front and the rear seat of vehicle, the adult seatbelt must be worn.  

All passengers aged 14 years old or over

Once a child is aged 14 years old or over, it is the responsibility of that individual passenger to ensure they are wearing a seatbelt and the driver will not be legally liable.  

Vehicles other than cars

The law also covers buses, coaches, mini-buses and goods vehicles.   All children and adults in the front of these vehicles must use either the appropriate child restraint or adult seatbelt. When using vehicles such as mini-buses which have an unladen weight of 2,540kg or less, it is still the driver’s responsibility to ensure that children under 14 are using the appropriate seat restraint.

Legal Penalties

If you are convicted of failing to wear a seatbelt as either a driver or passenger of a vehicle you can face a fine of up to £500.   If, as the driver of a vehicle, you are convicted of failing to ensure that a child passenger is using the appropriate restraint or wearing a seatbelt, you could also face a fine of up to £500. In addition to the legal penalties for flouting this law, you should also take into account the civil claims that could arise from an injured passenger and also the likely difficulties you will have in obtaining cost effective motor insurance.

Posted: October 8th, 2007 under Corporate Defence & Prosecution.
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