Child Seat Law

New laws which mean more children must use child car seats are now in force in England, Wales and Scotland. Child seats or booster cushions are now compulsory for under-12s under 135cm (4ft 5in) tall.

What is the new law?

Children under 3 years MUST use the child restraint appropriate for their weight in any vehicle (including vans and other goods vehicles). There is only one exception:-

• a child under three may travel unrestrained in the rear of a taxi if the right child restraint is not available. Rear-facing baby seats MUST NOT be used in a seat protected by a frontal air-bag unless the air-bag has been deactivated manually or automatically.

In vehicles where seat belts are fitted, children 3 years to 135 cms in height (approx 4ft 5ins) MUST use the appropriate child restraint.

Three exceptions allow these children to travel in the rear and use an adult belt :-

• in a taxi, if the right child restraint is not available;
• for a short distance in an unexpected necessity, if the right child restraint is not available;
• where two occupied child seats in the rear prevent the fitment of a third child seat
  Booster Cushion

What are the penalties for not using a child restraint?

A £30 fi xed penalty notice. If a case goes to court, the maximum fi ne is £500.

So I can't carry children in just a seat belt until they are over 135cm?

No - the new law requires this for children's safety. There are a few exemptions but parents and carers will need to think ahead about how they, or someone else, will be carrying their child. 

Why aren't adult seat belts OK for older children?

• Adult seat belts are best for people with an adult bone structure. Children need to use child seats and boosters to be safe - they put them in the right position to use the seat belt properly.
• The lap belt of an adult seat belt needs to go as low as possible over the stomach. A child needs to be boosted up so the adult belt fits properly.

If not, the adult belt sits too high over the stomach and in a crash there is a risk of damage to internal organs as well as sliding under the belt.

What about travelling in taxis?

Taxis cannot be expected to have the right child seat or booster unless parents have brought one with them.

If child seats or boosters are not available in a taxi:

• under 3s must travel unrestrained in the rear only;
• those 3 years and above must use an adult belt in the rear seat only.
•  child up to 135 cms in a front seat of any vehicle must use the correct child seat or booster.

What if someone has to give a child a lift at short notice and does not have the right child seat?

• If there is an "unexpected necessity" there is an exemption for a child of 3 years or more to wear an adult belt on a short journey in a car or light goods vehicle when no appropriate child seat is available. The exemption is not intended to cover regular school runs or other journeys.

Children under 3 years must always have a child seat. The only exception is travel in the rear of taxis and a child seat is not available.

We have 4 children but only a medium size car. Do they all need to use child seats and boosters?

If they are under 135 cms then they will all need to use the right seat or booster for their size.

What if I can't fit 3 child seats in the back of my car?

If a car has 3 seat belts in the rear, and 2 occupied child seats or boosters prevent the fi tting of a third, a third child 3 years or over may then use an adult belt. If there is room, it would be safer for the third child to travel in the front seat and use the correct child seat or booster.

Do the new rules apply in vans and larger commercial vehicles?

The new rules apply in cars, vans and goods vehicles.

Why can't I use a rear-facing baby seat in a seat protected by an active frontal air-bag?

Air-bags are powerful safety devices. A rear-facing baby seat would be hit by a frontal air-bag if it deployed - and could be thrown up and towards the rear of the vehicle. This means that the baby seat and child could be completely unrestrained during a crash.

Can I use a forward facing child seat or booster in a seat fitted with an active air-bag?

See what the car handbook says about children in seats with frontal air-bags. We strongly recommend that advice should be followed because air-bags are powerful safety devices that must be treated with respect. Children, and adults for that matter, should not sit close to an active frontal air-bag. We suggest that the car seat should be as far back as possible from an air-bag.

I'll need to get a child seat/booster seat or cushion now. How do I choose the right one and how much will that cost?

• There is a range of products and prices. All the major shops selling child seats have  information on their websites, including prices.
• Child seat types depend upon the weight of the child and if you need help, most retailers of child restraints will have trained staff that can help in choosing the right one.
• Most seats will fit most cars but the advice is to try before you buy.

My child is under 135 cms in height but already weighs more than 36 kgs? Should he use the adult belt?

No. The legislation is clear that height is the measure to decide whether to move up to the adult belt. Using a booster cushion and the adult belt even if a child is over 36 kgs is far better than using the adult belt alone.

Summary of the New Law

From 18 September 2006 in cars, vans and goods vehicles	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, may travel unrestrained.	Driver
Child from 3rd birthday up to 135cms in height (approx 4'5") (or 12th birthday whichever they reach first)**	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 a licensed taxi/private hire vehicle; or - for a short distance for reason of unexpected necessity; or - two occupied child restraints prevent fitment of a third. 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 (approx 4ft 5ins in height) or 12 or 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

In addition, the revised regulations also say that rear-facing baby seats MUST NOT be used in a seat protected by a frontal air-bag unless the air-bag has been deactivated manually or automatically.

* Children under 3 years MUST use the child restraint appropriate for their weight in all cars, vans and other goods vehicles, with the single exception for the rear of taxis. They cannot travel otherwise. This means for example that they may not travel in cars, vans or goods vehicles which do not have seat belts installed.

** Examples. A 7 year old who is 140 cms tall is over the height for a child restraint and may use an adult seat belt. A 12 year old who is 130 cms tall is over the age threshold and therefore may use an adult belt.

*** If no seat belts are fitted in the front, then children under 135 cms in height (who are also under 12 years of age) cannot travel in the front.

 

For more infromation visit the Think! Road Safety Website (external link)