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The Law From September 18th, 2006


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There will be a number of important changes to the law in Britain on the use of child restraints in cars, vans, and goods vehicles from the 18th of September. The changes will also be made in Northern Ireland later in September. This page will help you understand the new laws.

You can find more information about which types of child car seat are suitable on our Types of Child Seats page.

You can also find a list of Frequently Asked Questions about the new law and also other common problems which you might be finding.


The New Law for Children up to 3 years old


Children up to 3 years old MUST use the correct child restraint.In the Front Seat

The child MUST use the correct child restraint.

In the Rear Seat

The child MUST use the correct child restraint.

In a licensed taxi or licensed hire car, if a child restraint is not available then the child may travel unrestrained in the rear. This is the only exemption, and has been introduced for practical rather than safety reasons. You should always think about ways to make sure that a child seat is available.


It is the driver's legal responsibility to ensure that the child is correctly restrained.


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The New Law for Children over 3 and up to EITHER 1.35 metres in height, OR the age of 12

Children over 3 and up to 135 cms in height or the age of 12 MUST use a child restraint,with very few exceptions.In the Front Seat

The child MUST use the correct child restraint.

In the Rear Seat

The child MUST use the correct restraint, where seat belts are fitted.

There are three exemptions, where a child in this category does not have to use a child restraint. In each case the child MUST use the adult belt instead. They are -

1) in a licensed taxi or private hire vehicle;

2) if the child is travelling on a short distance for reason of unexpected necessity;

3) if there are two occupied child restraints in the rear which prevent the fitment of a third.

In addition, a child 3 and over may travel unrestrained in the rear seat of a vehicle if seat belts are not available.

It is the driver's legal responsibility to ensure that the child is correctly restrained.


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The New Law for Children over 1.35 metres in height, or who are 12 or 13 years old


Children who are over 135cms in height, or who are 12 or 13 years old MUST use the adult seat belt

In the Front Seat

The adult seat belt MUST be worn if available.

In the Rear Seat

The adult seat belt MUST be worn if available.

It is the driver's legal responsibility to ensure that the child is correctly restrained.

 

 


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Other New Changes to the Law from September


It will become illegal to use a rearward facing child restraint in a car seat which is protected by an airbag.

Rear-ward Facing Child Seats

It will become illegal to use a rear-ward facing child restraint in a vehicle seat which is protected by an active front airbag.

Buses, Coaches, and Minibuses

Seated passengers aged 14 years and over MUST use seat belts where they are fitted.

Comprehensive details about how this will affect bus and coach operators can be found on the Department for Transport website.


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Summary Table

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  Front seat Rear seat Who is responsible?
Driver Seat belt MUST be worn if available.   Driver
Child up to 3 years Correct child restraint MUST be used. Correct child restraint MUST be used

If one is not available in a taxi, then the child may travel unrestrained in the rear
Driver
Child from 3rd birthday up to EITHER 1.35m in height, OR 12 years old Correct child restraint MUST be used Where seat belts fitted, correct child restraint MUST be used

MUST use adult belt if the correct child restraint is not available in three scenarios:

- in a in a licensed taxi or private hire vehicle ;
- for a short distance for reason of unexpected necessity;
- two occupied child restraints prevent fitment of a third.

In addition, a child 3 and over may travel unrestrained in the rear seat of a vehicle if seat belts are not available
Driver
Child over 1.35 metres, or 12 to 13 years Seat belt MUST be worn if available Seat belt MUST be worn if available Driver
Adult passengers (ie 14 years and over) Seat belt MUST be worn if available Seat belt MUST be worn if available Passenger