Seat Belts

Except in a number of specific circumstances, it is an offence for drivers and adult front seat passengers not to wear a seatbelt in a vehicle in which they are provided and as a driver you must also take responsibility for all passengers under 14 (although not for adult passengers). Adults travelling in the rear of a vehicle must also wear seat-belts where they are fitted and the driver must, in addition, ensure that all children under 14 are appropriately restrined.

The regulations relating to the use of seat belts are, it has to be said, somewhat complicated, especially in the manner in which they relate to the use of child seats and in respect of the regulations applying to older vehicles.

So far as children under 3 years of age are concerned, they must use the correct form of child restraint whether travelling in either the front or the back and in the case of children in rear-ward facing seats travelling in the front, it is illegal to drive without disabling a passenger front airbag. A child under the age of 3 may travel in the back of a taxi or private hire vehicle where no child restraint is available

Children aged over 3 but under 12 or 135cm in height must use the correct form of restraint whether travelling in the front or the back (where seat belts are fitted), except:

• in a taxi or private hire vehicle
• where it is for a short distance for an unexpected necessity
• where there are already two child restraints being used in the rear and a third cannot be fitted to the vehicle

If the child is aged 12 or 13 and is over 135cm in height, then the driver must ensure that adult seat belts are worn (where fitted).

A number of exceptions exist to the duty to wear a seat belt. These include:

• Where you are the driver of, or a passenger in, a vehicle for carrying goods, and you are on a journey not exceeding 50 metres undertaken for the purpose of making a deliver or collection
• you are reversing or, being a suitably qualified driver, are supervising a learner driver who is reversing
• The driver or passenger in a police or fire brigade vehicle
• A disabled person wearing a special disabled person’s belt
• Various exceptions in relation to mini-buses and coaches
• Where you are in an old vehicle not fitted with seat belts. Vehicles made after 1973 should be fitted with front and rear seatbelts. Ones made prior to that date do not have to have seatbelts but if they have been added then they must be worn.

If you have been charged with a seat belt offence then you could face a fine of up to £500, although generally they tend to be dealt with by means of a fixed penalty of £30. The offence does not carry the imposition of penalty points

If you have been charged with a seat belt offence and wish to defend the charge, then contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804