Changes to car seat law

ThinkBaby guide to the changes to UK laws about baby seats, car seats and boosters announced today.

Posted: 18 September 2006
by Laura Lee Davies

The Department for Transport in February announced details of its latest car seat legislation. This affected the law on car seats, when using them is compulsory and extensions to the age group they must be used for.
Key changes make it compulsory for any kind of vehicle (with a few exceptions for taxis) to have seat belts. The last time law was amended, in 1993, there were many older cars still on the roads which did not have seat belts fitted. This law is being tightened up to ensure safer travel for infants.
Car seat law can be a real maze but here we try to outline the key changes for you as clearly as possible, so you may find the same information repeated under a different heading. These changes took effect in September 2006.
Car restraints for younger children are usually gauged by how much a baby weighs with age as a rough guide because babies vary so greatly in size. However, with booster seats, height becomes an important factor and it is more important to make sure a child is over 135cm in height than that he weighs over 36kgs before letting him travel regularly without a booster.
For an at-a-glance view of what car seats to get when, check out the ThinkBaby guide.

Key law as it now stands since September 2006

An appropriate child restraint must be used for all children under 3 years of age if they are sitting in the front passenger seat. That means that a child travelling in a car must be sitting in a car seat that suits his weight and age and that they must be buckled in at all times.

If a child is sitting in the rear seats, a child restraint must be worn by a child under three years. The only exception will be if the child is in the back of a taxi where there is not a restraint available.

Children aged 3 to 11 (except children over 1.35 metres in height) must wear an appropriate restraint (car seat or booster seat) if travelling in the front. In the back seat, children aged 3 to 11 (except those over 1.35 metres in height) must sit in the appropriate car seat with the following exceptions:
- if the fitting of two other child car seats prevents fitting a third in the middle
- if travelling in a taxi or private hire car
- if travelling in a vehicle on a short distance of unexpected neccessity (eg having to give a lift home from school to another child whose car seat is not present)
BUT in all these exceptions, the child MUST still wear an adult seat belt.

Children who are younger than 12 but who are over 1.35 metres in height must wear an adult seat belt in the front or back, where one is fitted.

Children aged 12 or 13 must wear an adult seat belt in the front or back of the vehicle, where one is fitted. This law has not changed.

Children of 14 and over must wear an adult seat belt in the front or back where one is fitted, but it becomes their responsibility, not the driver's.

To be clear: key changes and exceptions since September 2006

All children under 3 must be seated in an appropriate restraint/car seat in the back of a car as well as the front. The only exception is if the child is travelling in a taxi and the appropriate restraint is not available.

All children aged 3 to 11 must wear the correct restraint in the front passenger seat. Since Sept 2006, is has been no longer acceptable for a child to wear an adult seat belt in the absence of an appropriate restraint in the front passenger seat.

Children aged 3 to 11 must wear the correct restraint in the back seats at all times, with the following exceptions (when an adult seat belt must be worn instead): if in a taxi and the correct child seat is not available; if on 'a short and occasional trip' a child restraint is not available; if two other child restraints are fitted in the back seat and there is no room for a third.

Children over 1.35 metres in height are allowed to travel without a child car/booster seat, but must where an adult seat belt in the front or back, if one is available.

Other key points

A rear-facing baby seat must not be placed in the front seat of a vehicle where there is an air bag fitted which has not been manually or automatically deactivated.

From May 2008, all child restraints will have to comply with a specific standard (currently UN ECE 44.03 standard) although many car seats already comply with this and will state as much on their packaging or at the point of purchase.

From May 2009, in vehicles fitted with seat belts, the number of people travelling must not exceed the number of seat belts or child restraints.

Cars (for example, classic cars) which do not have fittings to make car seats suitable for under threes will not be exempt from the new rules. Children over three may be able to travel in the back seats without restraint if one is not fitted, but they will not be allowed to travel in the front seat.

The law will allow children over three to travel in the rear of a car with an adult strap for one-off, short journeys (for example, if you cannot get to school to pick them up and another parent has to give them a lift) but children under three will not be allowed to travel unrestrained like this, unless travelling in a taxi.

It is a myth that the existing rules apply only to cars. Vans etc already have to comply with the seat belt rules and will also have to comply with the changes.

Vehicles in which babies are carried on laps or there are too many children in the rear seats, etc. can already be pulled up by police if they are being 'carried in a manner that involves a danger of injury to anyone'.

Who is responsible?
The responsibility lies with the driver to ensure that children are seated and secured correctly appropriate to their age. It is also the driver's responsibility to ensure that all car seats and booster seats or cushions are secured and being used properly.
Passengers over 14 years old are responsible for themselves.

For more information and an extensive list of questions answered, check out the Department for Transport website. Or get in touch with us via the forums and we will try to answer your specific questions.

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