Children carried in PSV's
Introduction
This page relates specifically to the legal requirements that affect seat belt fitment, seating and the carraige of children regardless of
the mode of passenger transport.
Under Section 15B Road Traffic Act 1988, it is an offence for the operator of a bus in which any of the passenger seats are equipped with
seat belts to fail to take all reasonable steps to ensure that every passenger is notified that he/she is required to wear a seat belt at
all times when he/she is in a seat equipped with a seat belt, and the bus is in motion.
Notification can be by an official announcement, or audio-visual presentation, made when the passenger joins the bus or within a
reasonable time of his/her doing so or by a sign prominently displayed at each passenger seat equipped with a seat belt.
In light of the numbers of children carried by PSV's (especially school buses), this requirement is imperative.
There is further information pertaining to seat belts and seat belt anchorage points which is available within the Road Legal (Construction & Use) section of the Transports Friend website which can be accessed via the link below.
For purposes of clarity regarding the legislative content that follows here (unless otherwise indicated), the Act refers to the Road Traffic Act 1988. It must also be noted that amendments have been made to RTA 1988 and also the Motor Vehicles (Wearing of Seat Belts) Regulations 1993, which are applicable here. These amendments have been implemented by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (18/09/2006).
Please also note, that amendments were made with regard to Minibus and Coach seatbelts as per The Road Vehicles (Construction & Use) (Amendment) (No.2) Regulations 2001. Information regarding these changes is available at the foot of this page via a link to the Department for Transport website.
- Fitting of Seatbelts on Buses used to Carry Children
- Seatbelt fitting requirements - Bus and Coach
- Children in Front Seats
- Children in Rear Seats
- Availability of Seat Belts
- Further Reading
Fitting of Seatbelts on Buses used to Carry Children
Under Regulation 48A Road Vehicles (Construction and Use) Regulations 1986, this is a mandatory requirement and falls within 3 areas.
Application
A coach or minibus used wholly or mainly for the purpose of carrying a group of 3 or more children (aged 3 or over to under 16 years) on an
organised trip where the journey is being made for the purposes of the trip, which includes:-
- (but not limited to) children being carried to or from school or from one part of school premises to another;
- both private vehicles and those used for hire or reward;
- minibuses and coaches, irrespective of age.
The definitions encompass vehicles which may not look like a minibus but non-the-less have more than 8 passenger seats.
Exemptions - does not apply to vehicles:-
- being used in the provision of a bus service which attracts a fuel duty rebate (eligible local bus services);
- used wholly or mainly for the purpose of providing a transport service for the general public;
- which are neither minibuses nor coaches - eg: buses which have more than 16 passenger seats but which do not exceed 7.5 tonnes gross or have a maximum speed which does not exceed 60 m.p.h.
Fitting Requirements
A seatbelt is required to be fitted in each forward facing passenger seat for each child being carried in the vehicle (excluding disabled
children in wheelchairs). If the coach or minibus concerned was first used on or after 1st October 2001 rearward facing seats fitted with
seatbelts which meet requirements may also be counted towards the total. Excludes local bus services and buses with more than 16 passenger
seats not exceeding 7500kg gross or buses over 7500kg but with a max speed of less than 60mph i.e. buses which are neither minibuses nor
coaches.
Seatbelt fitting requirements - Bus and Coach
Regulations 46(3) and 47(2) Road Vehicles (Construction and Use) Regulations 1986 specify the requirements for anchorage points and
seatbelt fitting requirements. The table below is specific to Minibuses, Coach and Bus vehicles.
| Item | Vehicle | Anchorage Points | Seatbelts |
|---|---|---|---|
| 1. | Any vehicle first used before 1/4/1982 | driver and specified passenger seat | |
| 2. | Minibus with not more than 12 seats in addition to driver first used on or after 1/4/1982 and before 1/10/1988 | driver and specified passenger seat | |
| 3. | Minibus (not included in 5 or 6 below) not exceeding 3500kg gross first used on or after 1/10/1988 | driver and each forward facing front seat | |
| 4. | Coach first used on or after 1/10/1988 and before 1/10/2001 | driver and all exposed forward facing seats | |
| 5. | Bus exceeding 3500kg gross, first used on or after 1/10/2001, (not an urban bus) | driver and all forward facing and rearward facing seats | |
| 6. | Bus not exceeding 3500kg gross, first used on or after 1/10/2001, (not an urban bus) | driver and all forward facing and rearward facing seats | |
| 7. | Passenger or dual-purpose vehicle (other than a bus) not in items 2 to 6, first used on or after 1/4/1982 | Every forward facing seat constructed or adapted to accommodate no more than 1 adult | Driver and specified passenger seat and, if first used on or after 1st April 1987, any forward facing front seat alongside the driver's seat and certain forward facing rear seats |
| 8. | Vehicle (other than a bus) not in items 2 to 7, first used on or after 1/4/1982 | Every forward facing front seat and every non-protected seat | Driver and specified passenger seat and if first used on or after 1st April 1987 any forward facing front seat alongside the driver's seat |
Children in Front Seats
Under Section 15(2) Road Traffic Act 1988 it is an offence for a person, without reasonable excuse, to drive a motor vehicle (other than a
two wheeled motor cycle with or without a side car) on a road unless any child under the age of fourteen years in the front of the motor
vehicle is wearing a seat belt in conformity with the regulations (section 15(1)). The penalty for doing so is a level 2 fine.
Front Seat Exemptions - see explanation (below). (Regulation 7 Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993
The prohibition in section 15(1) of the Road Traffic Act 1988 shall not apply to:-
- a small child aged 3 years or more who is riding in a bus and is wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
- a child for whom there is a medical certificate; or
- a disabled child who is wearing a disabled person's belt.
A child riding in a bus:-
- which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area, or
- which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing;
- a large child if no appropriate seat belt is available for him in the front of the vehicle.
Explanation (Exceptions and exemptions apply in all cases)
Small children (under 12 years and under 135cm (4'5") tall) must wear a child restraint suitable for their height
and weight (an appropriate seat belt). If no suitable child restraint is available a small child cannot be carried in the front of a vehicle.
Large children (12 or 13 years old or those under 12 but over 135cm tall) must wear an adult belt if no suitable child restraint is available. They may however be carried unrestrained in the front of vehicles which are not fitted with belts or where no appropriate seat belt is available in the front.
Front Seat Airbags
Under Section 15(2) Road Traffic Act 1988 it is an offence for a person, without reasonable excuse, to drive a motor vehicle (other than a
bus) on a road where:-
- a child is carried in a front seat which is protected by an airbag, and
- the child is in a rear-facing child restraining device,
The only exception to this regulation is if the air bag has been deactivated or is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to the child (section 15(1A)).
The penalty for failure to conform to the regulation is a level 2 fine.
Children in Rear Seats
Under Section 15(4) Road Traffic Act 1988 it is an offence for a person, without reasonable excuse, to drive a motor vehicle (other than a
two wheeled motor cycle with or without a side car) on a road:-
- where seatbelts are fitted in the rear, unless any child under the age of fourteen years in the rear of the motor vehicle is wearing a seat belt in conformity with the regulations (Sec 15(3)(b)), or
- where no seatbelts are fitted in the rear, whilst carrying a child under the age of three years in the rear of the motor vehicle (Sec 15(3)(a)), or
- where the motor vehicle is a passenger car and which has no seat belt fitted in the rear, where;
- a child who is under 12 years and less than 150 centimetres in height (see note below) is in the rear, and;
- a seat in the front of the passenger car is provided with an appropriate seat belt but is not occupied by any person. (Sec 15(3A))
In the circumstances outlined above, the child should transfer to the front seat.
Rear Seat Exemptions (Children under 14 years) Sections 15(3) and (3A) above do not apply to:-
Regulation 9 Motor Vehicles (Wearing of Seat Belts) Regulations 1993
- a two wheeled motor cycle with or without a side car;
- a large bus, or
- a licensed taxi or licensed hire car in which the rear seats are separated from the driver by a fixed partition)
Regulation 10 Motor Vehicles (Wearing of Seat Belts) Regulations 1993
- a child for whom there is a medical certificate;
- a small child aged under 3 years who is riding in a small bus or a licensed taxi or licensed hire car, if no appropriate seat belt is available for him in the front or rear of the vehicle;
- a small child aged 3 years or more who is riding in a licensed taxi, a licensed hire car or a small bus and wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
- a small child aged 3 years or more who is wearing an adult belt and riding in a passenger car or light goods vehicle where the use of child restraints by the child occupants of two seats in the rear of the vehicle prevents the use of an appropriate seat belt for that child and no appropriate seat belt is available for him in the front of the vehicle;
- a small child who is riding in a vehicle being used for the purposes of the police, security or emergency services to enable the proper performance of their duty;
- a small child aged 3 years or more who is wearing an adult belt and who, because of an unexpected necessity, is travelling a short distance in a passenger car or light goods vehicle in which no appropriate seat belt is available for him; or
- a disabled child who is wearing a disabled person's belt or whose disability makes it impracticable to wear a seat belt where a disabled person's belt is unavailable to him.
- a child on a small bus on a local service in a built up area or which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
Note - (Exceptions and exemptions apply in all cases)
Small children (under 12 years and under 135cm (4'5") tall) must wear a child restraint suitable for their height
and weight (an appropriate seat belt). There are a few exceptions which permit the use of an adult belt instead.
If no suitable child restraint is available a child under 3 years cannot be carried in the rear of the vehicle - except in a taxi.
Children 3 years or older may be carried in the rear of vehicles not fitted with any rear seatbelts however in a passenger car which has a
vacant front seat with a suitable seat belt or child restraint a child under 12 years and less than 150cm tall must be carried in that
front seat rather than left unrestrained in the rear.
Large children (12 or 13 years old or those under 12 but over 135cm tall) - may wear an adult belt if no suitable child restraint is
available.
Enforcement officers do not have any powers to measure the height or require the age of a child under 14 years (who commit no offences
under these regulations). There is no requirement for adult passengers to give up seats provided with seatbelts in favour of children.
Responsibilities
The Driver is responsible for him/her self and all children under the age of 14 years (except in large buses or taxis with a fixed
partition). Passengers over 14 years are responsible for themselves.
Availability of Seat Belts
Motor Vehicles (Wearing Seat Belts) Regulations 1993
Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993 Schedule 2
If any front seat (other than the drivers seatbelt) is provided with an adult belt (or an appropriate belt in the case of a child) then a front seat belt is available, or any rear seat is provided with an adult belt (or an appropriate belt in the case of a child) then a rear seat belt is available, unless:-
- another person is wearing the belt, or
- a child is occupying the seat and wearing an appropriate restraint for that child and it is impracticable to wear the belt, or
- another person holding a medical certificate is in the seat, or
- a disabled person is in the seat wearing a disabled persons belt and it is impracticable to wear the belt, or
- by reason of a person's disability, it would not be practicable for him to wear the belt, or
- the person is prevented from occupying the seat by the presence of a child restraint which could not be removed without the use of tools unless the person is a child and the restraint is suitable, or
the seat is specially designed so that:-
- it can be adjusted to increase the space available to carry goods or personal effects, and
- when it is adjusted the seat can not be used as such, and
- it would not be reasonably practicable to carry the goods or personal effects in the vehicle in another way.
Regulation 2(6) and (7)
A seat shall be regarded as provided with an adult seat belt if it is fixed in such a position that it can be worn by an occupier of that
seat. A seat shall not be regarded as provided with an adult seat belt if the seat belt:-
- has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline, or
- is not maintained in accordance with Regulation 48 Construction and Use Regulations.
Further Reading ,br /> For further information relating to this subject, please visit the links below.
