18/09/2006
Guide to the new car seat regulations
GUIDE TO THE NEW CHILD CAR SEAT REGULATIONS
Important new regulations for the use of child car seats came into force on the 18th September 2006.
The regulations have been brought in to increase the safety of children travelling in vehicles. Stephen Ladyman, the Road Safety Minister, has stated that the Government have estimated that the changes could prevent over 2,000 child deaths or injuries each year.
Under the new regulations the different types of safety seats for children are collectively called “child restraints”.
Children under the age of 3 must use the appropriate child restraint when travelling in any vehicle, with the exception of taxis.
Children from age 3 to 135cms in height or 12 years (whichever they reach sooner) must use the appropriate child restraint subject to the exemptions set out in the table below.
Summary of the new regulations -
Front Seat Rear Seat Who is responsible?
Driver Seat belt must be worn if fitted Driver
Child under 3 years of age Correct child restraint must be used. Correct child restraint must be used. Exemption – If travelling in a taxi, where the correct child restraint is not available, the child may travel unrestrained Driver
Child from age 3 to either reaching 135cms (approximately 4ft 5ins) or up to 12 of age Correct child restraint must be used. Correct child restraint must be used where seatbelts are fitted. Exemptions – 1. If no appropriate car seat is available, a child may travel in the rear seat unrestrained. 2. A child must use an adult belt if correct child restraint is not available:-i. In a licensed taxi/PHV; orii. over a short distance for reason of unexpected necessity; oriii. if 2 occupied child restraints prevent a third restraint being fitted Driver
Over 135cms (approximately 4ft 5ins) or 12 to 13 years of age Seat belt must be worn if available Seat belt must be worn if available Driver
Adult passengers (ie 14 years of age and over) Seat belt must be worn if available Seat belt must be worn if available Passenger
Child Restraints
Direction of Seat Age and weight of child
Baby Seats Rear-facing Child up to 13kgs (approximately birth to 9-12 months). Must not be used in a seat protected by a frontal air-bag unless the air-bag has been deactivated manually or automatically.
Child Seats Forward-facing Child 9kgs to 18kgs (approximately 9mths to 4 years)
Booster Seats Child 15kgs to 25kgs (from approximately 4 to 6 years)
Booster Cushions Child from 22kgs (approximately 6 years)
YOUR QUESTIONS ANSWERED
What are the penalties for a breach of the regulations?
A £30 Fixed Penalty Notice. If the case goes to court a fine of up to £500. Penalty Points are not applicable. The driver is responsible for non-compliance in respect of any passenger under 14 years old. Passengers 14 years and over are responsible for themselves.
What about taxis?
There is an exemption for licensed taxis. If a taxi does not have the correct child restraint then a child under 3 years must travel unrestrained in the rear only, and a child 3 years and above must use an adult belt also in the rear only. However, it is important to note that a child up to 12 or 135cms must use the correct child restraint when travelling in the front seat of any vehicle including a taxi.
What if I have to give a 4 year old child a lift at short notice and I haven’t got the correct child restraint?
This is quite likely to happen, particularly if a parent has to give another child an unexpected lift home from school. Children under 3 must have the correct child restraint.. However, for a child aged 3 years or more there is an exemption that may cover this. If it is a short journey of unexpected necessity and no appropriate child restraint is available then you can still give the child a lift but the child must be in the rear of the car and wear an adult seat belt. This is not intended to cover regular arrangements e.g. school runs.
What if I need to transport 3 children but I cannot fit 3 child seats in the back of my car?
There is an exemption if you have 2 occupied child restraints and as a result you cannot fit a third one. This allows a third child who must aged 3 years or over to use an adult seat belt. The Department of Transport advise that if there is room, it would be safer for the third child to travel in the front seat and use the correct child seat/booster.
My daughter is 13 but under 4ft 5ins in height and my son is 10 but over 4ft 5ins must they use a booster seat?
No, your daughter is 12 or over and therefore does not have to use a child/booster seat whatever her height. Your son is over the height limit and therefore, as he is over 3, he does not have to use child/booster seat even though he is not yet 12. They both however must use an adult car seat belt.
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