Parents could find themselves hit with a fine of up to £500 plus points on their licence. Rule 99 of the Highway Code states that all people in a car must wear a seatbelt. For certain children an appropriate seat belt or restraint must also be fitted according to very strict criteria which is based on on a child’s age, height, and which part of the car they are sat in.
For children aged under three years, a correct child restraint must be used in both the front and rear seat. If an appropriate child restraint is not available in a taxi’s rear seat, then they can travel unrestrained.
For children aged between three and 12, rules are slightly more nuanced. If the child is less than 1.35 metres tall (roughly 4ft 5in) then an appropriate child restraint must be used in the front seat while the rear seat must use an appropriate child restraint or an adult belt if one is not available.
Other exceptions to the child restraint, in this case, include if one is not available in a taxi or private hire vehicle, or for reasons of “unexpected necessity over a short distance”, or if there are already two restraints in use, which would prevent a third restraint being fitted. Furthermore, Rule 100 of the Highway code states that a child under 1.35 metres tall must also use either a baby seat, child seat, booster seat, or booster cushion, which is suitable for the child’s weight while being fitted exactly in line with the manufacturer’s instructions.
These rules are also covered in the Road Traffic Act 1988, which states: “A person who drives or rides in a motor vehicle in contravention of regulations under this section is guilty of an offence; but, notwithstanding any enactment or rule of law, no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.”
Since the driver of the vehicle is responsible for ensuring the seatbelt rules are being followed properly, they are the ones at risk of facing a fine. Official guidance states that you can be fined up to £500 if a child under 14 is not in the correct car seat.
Medical exemptions
Gov.UK lists a number of exceptions when it comes to wearing seatbelts in a vehicle. A seatbelt doesn’t need to be worn if:
- a passenger in a trade vehicle and you’re investigating a fault
- in a vehicle being used for police, fire and rescue services
- driving a goods vehicle on deliveries that is travelling no more than 50 metres between stops
- a driver who is reversing, or supervising a learner driver who is reversing
- a licensed taxi driver or a driver of a private hire vehicle who is carrying passengers
- a licensed taxi driver who is looking for customers either by being hailed in the street or by waiting at a taxi rank (known as ‘plying for hire’)
A number of medical exemptions may also prevent you from needing to wear a seatbelt. In this case, a doctor will provide a Certificate of Exemption from Compulsory Seat Belt Wearing which must always be kept in a vehicle and shown to police in the case that you’re stopped.
While there are medical exemptions, the law states that you must still wear a seatbelt if you’re pregnant or if you’re a disabled driver or passenger unless a doctor says otherwise. In the case of disabled drivers or regular passengers, you may need to adapt the vehicle to better suit the individual’s needs.
Full details on the Highway Code’s seatbelt rules can be found here.