Changes to Legislation on Child Restraints in Vehicles

New regulations governing the way we carry children in cars and other vehicles fitted with seat belts will come into force on 18 September 2006.

In simple terms, the law will require ALL children to be carried in child restraints that are appropriate for their size with a number of exceptions (see below). The new law will simply reflect what has long been regarded as best practice.

"Child restraints" is the collective term in the seat belt wearing legislation for baby seats, booster seats and booster cushions. Question 3 in the Frequently Asked Questions link below outlines the different kinds of child restraints designed for specific weight ranges of child, i.e. Groups 0, 0+, I, II and III.

The law will cover children under 12 years old, but only if they are less than 135 cm (about 4ft 5in) in height. If a child is taller than 135 cm they will be allowed to use an adult seat belt, regardless of their age.

Main Issues

• Children under 3 years will not be allowed to travel in the front or rear of a motor vehicle unless they are in an appropriate child restraint.



• Children aged between 3 and 11 years, but less than 135 cm in height, will be required to use an appropriate child restraint in the rear of motor vehicles provided there is a seat belt that can be used to secure the child restraint.



• The new regulations will not apply to buses and coaches for the present.

Exemptions

Children will not have to use an appropriate child restraint in the following circumstances:

in licensed taxis or hire cars if an appropriate child restraint is not available.

for a child aged 3 and over who, because of an unexpected necessity, is travelling over a short distance in a passenger car or light goods vehicle where there is no appropriate child restraint. This exemption is not intended to cover regular school runs and similar journeys.

for a child aged 3 or more riding in the rear of a vehicle with two other children in child restraints where there is not room for a third child restraint.

for a disabled child who needs to use a disabled seat belt where none is available.

Changes to seat belt wearing rules in minibuses, buses and coaches

Seat belt wearing is already compulsory in minibuses under 2.54 tonnes unladen weight. If available (i.e. if parents wish to provide suitable child restraints), an appropriate child seat must be used in these vehicles but operators are not required to provide them.

From 18 September, seated passengers aged 14 years and above will have to use seat belts where they are fitted in all buses and coaches.

Regulations requiring children 3 years to 13 years to use seat belts (or child restraints if they are available) will be brought forward "as soon as practicable". The regulations will not include any obligation for minibus operators to provide child restraints in these vehicles.

Although the new regulations do not require children aged 0-13 travelling in minibuses to be restrained, 0-13s should not travel unrestrained. Children aged 3-13 should wear seat belts where they are fitted and children aged 0-3 should be in an appropriate child restraint as adult lap or diagonal belts are considered to be unsuitable.

Action Required

There are several different circumstances in which staff in Children's Services routinely transport children in motor vehicles.

Managers will need to review their existing arrangements in the light of these changes and, if necessary, put in place amended arrangements to make sure that these legal requirements are met.