Seat Belt Laws
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Summary of the Seat Belt Laws for Cars, Taxis and Private Hire Cars
| Front seat | Rear seat | Responsibility? | |
|---|---|---|---|
| Driver | Seat belt MUST be worn if available. | Driver | |
| Children under 3 years old | 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 |
| Children aged 3 and above, until they reach EITHER their 12th birthday OR 135cm in height | 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 ; 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 |
More Passengers than Seat Belts
If there are not enough seat belts or child restraints in the car for all the passengers, then some may legally travel in the rear of the vehicle without wearing a seat belt. This may be legal, but it is not safe. Between 8 and 15 front seat occupants are killed every year by unbelted rear seat passengers flying forward in an accident.
The safest option is to only carry the same number of passengers as there are seat belts. If necessary, use two cars or make two journeys for the trip.
If you must carry a passenger for whom there is no seat belt, it is better for the heaviest passengers to wear a seat belt, because they would cause more severe injuries to other people in the car if they are thrown about in a crash.
Legal Penalties
If you are convicted of failing to wear a seat belt as a driver or passenger, you could face a fine of up to £500.
As a driver, if you are convicted of failing to ensure that a child passenger is using an appropriate child restraint or wearing a seat belt according to the legal requirements described above, you could face a fine of up to £500.
In addition to the legal penalties, failure to wear a seat belt or failure to ensure that a child passenger uses an appropriate child restraint or wears a seat belt according to the legal requirements described above, could affect any claims against your motor insurance cover.
You could also face civil proceedings for damages, if (for example) you failed to safely carry someone else's child.
Cars
The law requires all children travelling in cars to use the correct child restraint until they are either 135 cm in height or the age of 12 (which ever they reach first) . After this they must use an adult seat belt. There are very few exceptions, and the main ones are set out below.
It is the driver's responsibility to ensure that children under the age of 14 years are restrained correctly in accordance with the law.
Children up to 3 years old
In the Front Seat
The child MUST use the correct child restraint.
It is illegal to carry a child in a rear-facing child seat in the front, which is protected by an active frontal airbag.
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 exception for children under 3, 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.
Children aged 3 and above, until they reach EITHER their 12th birthday OR 135cm in height
In the Front Seat
The child MUST use the correct child restraint.
In the Rear Seat
The child MUSTuse the correct restraint, where seat belts are fitted.
There are three exceptions where there is not a child seat available. 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.
Children over 1.35 metres in height, or who are 12 or 13 years old
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.
Passengers Over 14 years old
When travelling in the front or rear seat, an adult seat belt MUST be worn if available.
It is the responsibility of the individual passenger to ensure that they are wearing the seat belt.
Other Vehicles (vans, buses, coaches, minibuses and goods vehicles)
Other Vehicles - Front Seats
The law requires children (and adults) travelling in the front of all vehicles, including vans, buses, coaches, minibuses and goods vehicles to use an appropriate child restraint or adult seat belts.
Other Vehicles - Rear Seats
Rear Seats in Small Minibuses
Passengers sitting in the rear of minibuses that have an unladen weight of 2,540 kg or less must wear the seat belts that are provided. It is the driver’s responsibility to ensure that:
- children under 3 years of age use an appropriate child restraint if available.
- children aged between 3 and 11 years, under 1.35 metres tall use an appropriate child restraint if available, or if not available, wear the seat belt, if available.
- children aged 12 and 13 years (and younger children who are 1.35 metres or taller) use the seat belt, if available.
Passengers over the age of 14 years in smaller minibuses are legally responsible for wearing a seat belt themselves.
Rear Seats in Larger Minibuses
Passengers over the age of 14 MUST wear seat belts in the rear of larger minibuses (over 2,540 kg unladen weight). However, all passengers are strongly advised to wear seat belts or the correct child seat on all journeys.
Rear Seats in Coaches
Passengers over the age of 14 MUST wear seat belts in the rear coaches. However, all passengers are strongly advised to wear seat belts or the correct child seat on all journeys.
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