Child and Baby Car Seat Law

New regulations governing the use of child car seats came into force on 18 September 2006.

Most people make sure that children use some kind of restraint when travelling on the road, but it is vitally important to use the right one; and especially not to use an adult belt before the child is large or old enough.

Small children need the protection that baby seats and child seats are designed to provide and are not well protected by seat belts which have been designed for adults. Smaller children that have grown to large for a child seat will need to use a booster seat or cushion.

The Department of Transport estimates that these changes may prevent over 2000 child injuries or deaths each and every.

The table below is a summary of these new rules for cars, vans and goods vehicles.

	Front seat	Rear seat	Who is responsible?
Child up to 3 years old	Correct child restraint MUST be used.	Correct child restraint MUST be used. If a restraint is not available in a licensed taxi/private hire vehicle, the child 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 are fitted, the correct child restraint MUST be used. The child must use adult belt if the correct child restraint is not available as follows: in a licensed taxi or private hire vehicle; or for a short distance in an unexpected necessity; or two occupied child restraints prevent fitment of a third. A child 3 years and over may travel unrestrained in the rear seat of a vehicle if seat belts are not fitted in the rear.	Driver
Child over 1.35 metres (approx 4' 5") in height or 12 or 13 years old	Seat belt MUST be worn if available.	Seat belt MUST be worn if available.	Driver
Passengers aged 14 years old and over	Seat belt MUST be worn if available.	Seat belt MUST be worn if available.	Passenger

In nearly every circumstance a child of up to 135cms in height (4' 5") or the age of 12 (whichever is reached first) must use a child restraint and drivers may not carry children as passengers in a regular seat belts.

Rear-facing baby seats MUST NOT be used in a front seat protected by a front air-bag unless the air-bag has been fully deactivated.

Exemptions

There some specific exemptions to the above regulations:

• If there is an 'unexpected necessity', a child of 3 years or more may use an adult belt on a short journey when no appropriate child seat is available. This is not intended to cover regular school runs or other journeys that are planned in advance. This exemption is not available for children under 3 years old.
• A licensed taxi/private hire vehicle, if the right child restraint is not available. It is impracticable to expect the right child seat or booster to be available in a taxi unless a parent or carer has brought it with them. There is therefore a qualified exception which says that, if child restraints are not available in a licensed taxi or private hire vehicle:

  - a child under 3 years old may travel unrestrained but in the rear only - this is the only exemption for a child under 3 years old;

  - a child aged 3 years and above must use an adult belt in the rear seat only.

  Remember that any child up to 135 cms in a front seat of any vehicle must use the correct child seat or booster.

  The driver of the vehicle is responsible for ensuring that children under 14 years use the seat belts or child restraints available (except in a taxi with a fixed partition).

• Where two occupied child seats in the rear prevent the fitment of a third child seat In many cars, there is not room for three child seats across the rear seat. If two occupied child seats or boosters prevent the fitting of a third, and the front seat is not available, a third child aged 3 years and over may then use just an adult belt in the rear. This may be a lap belt [see Q. 8B]. It would be safer for the third child to travel in the front seat and use the correct child seat or booster but see below about air-bags [see Q. 15] in front seats.
• There is an exemption for children of all ages being carried in a vehicle being used by the emergency services, such as police, ambulance and fire services. These services will of course do everything practicable to carry children safely and use appropriate restraints wherever possible.

We'll be keeping our site updated as more details are available and further information can be found from the Department of Transport. Our article Keep children safe in the car offers some further advice on how to be safe on journeys - short or long.

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