Taxi Driver Online

What is the law regarding seatbelts on minibuses? Does the driver have to wear one all the time? Do the passengers have to wear one as well? A minibus serving one of the local schools was stopped by the police a couple of days ago and the driver has been reported for intended prosecution for failing to wear his seat belt and failing to ensure that the school kids were wearing theirs.

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Grandad,

If a seat belts are fitted they must be worn by the driver and the passengers. The exception for the driver is when the bus is being used on a registered local bus service.

The driver must tell the passengers to use seat belts, but it is the passengers responsibility to wear them, the driver cannot force them to do so.

Thanks Roy, that was the way that I understood it. It looks like the driver could be in trouble then. We used to do this particular run and one of the reasons that we stopped was because we didn't think it was safe for the kids to be not wearing the belts even when we kept telling them to put them on.

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Grandad,

But just like a car, If the Kids are under 14 years of age It's the drivers responsibility to ensure they wear their belts if available, even if their parents were on board it's still the drivers responsibility.

Not so on PSVs. If the kids take the belts off once the driver has instructed the kids to wear them, he's carried out his duties. A bus driver cannot be expected to supervise up to 90 kids wearing seat belts.

Providing there are signs on the vehicle telling passengers to wear belts, the operator has fulfilled his legal obligations.

This briefing sheet courtesy of the Confederation of Passenger Transport:

Seat Belt Wearing
OP8.2
This CPT briefing sheet has been written to advise members of the legal requirements as to wearing of
safety belts in the UK, and to give guidance wherever possible. The Department for Transport’s fundamental
belief is that passengers are less likely to be seriously injured in a collision when wearing any kind of safety
belt rather than no belt at all. It is therefore now the law that everyone travelling in any kind of vehicle must
wear belts wherever they are fitted.
The DfT has issued The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (SI
2006:1892), and The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment)
Regulations 2006 (SI 2006:2213) to adopt EU directive 2003/20/EC into national law. The following
requirements regarding buses and coaches (i.e. vehicles with more than 8 passenger seats in addition to the
driver) are mandatory from 18 September 2006:-
 Passengers must wear the safety belt if their seat is equipped with one (legally termed “available”). They
will only need to wear the belt while they are actually seated and the vehicle is in motion. This allows
passengers to move around within the coach, for example to visit the toilet
 The driver and any crew member (e.g. guide) must wear the belt if their seat is equipped with one
 The operator is required to take all reasonable steps to ensure that every passenger is notified that it is a
legal requirement to wear an available seat belt. The operator may use any one or more of the four
options permitted by the directive to fulfill this legal obligation:-
1) the driver could make an announcement
2) the conductor, courier or group leader could make an announcement
3) an audio or video presentation could be used (e.g. tape or TV). The announcement or
presentation must be made when the passenger boards the vehicle or within a reasonable
(unspecified) time period of boarding.
4) a sign prominently displayed at each passenger seat equipped with a belt. The sign must be
either text or the specified pictogram (white figure wearing a 3 point belt against a blue
background). The DfT has indicated flexibility regarding the provision of signs, and will accept
one sign per double seat fitted to the window, luggage rack or woven into the seat material. The
size of the sign in not specified, but CPT suggests at least 60mm diameter.
 There will be a fine of up to £2500 where an operator fails to provide the necessary notification
 The regulations do not at this time require children less than 14 years of age to wear a belt in a bus or
coach. The general rule is that it is the driver’s duty to ensure that child passengers less than 14 years
old wear seat belts, but the DfT recognises the practical difficulties for bus and coach drivers. The DfT
will therefore carry out another consultation to seek a practical solution to this concern
 All passengers are exempt from wearing seat belts where a bus or coach is certified to carry standing
passengers, or where it is used to operate a local service AND the entire route is on “restricted roads” in
a built-up area. This exemption applies to both adults and children. The operator is also exempt from any
need to notify passengers.
Points to note
Page 2 of 2
Disclaimer: The information in this document is for general guidance only and represents our understanding of certain aspects of law
and operational problems at the time of issue. CPT, its officers, servants, and agents do not accept any responsibility for loss or
damage, including economic loss, for any mis-statement or error from the use of, or reliance on this material. The document is not
intended to provide legal advice or professional counselling.
1. There is nothing in these “wearing” regulations to change the existing requirements for fitting belts (e.g.
to more seats, or out-of-scope vehicles - buses). The wearing requirement therefore can only apply
where belts are already fitted
2. The information in this briefing sheet is specific to buses and coaches (i.e. any vehicle with more than 8
passenger seats). Some operators may use cars under their O licence. There are additional
requirements, so members should refer to the DfT website for an information leaflet called “Law”
3. The regulations do not ban the carriage of standing passengers provided the bus or coach is officially
approved for this by its Certificate of Initial Fitness. This approval must be identified by the carrying
capacity displayed on the vehicle
4. All passengers aged 14 and over are always legally responsible for putting on and wearing their own
belts
5. The same rules apply to all seats on the upper deck of a double deck bus or coach. The regulations
clearly specify that any deck above the driver’s head (when he is in the normal driving position) is part of
the rear of the vehicle. Rear is defined as any part of the vehicle to the rear of a transverse vertical plane
through the rearmost part of the driver’s seat
6. Some buses and coaches have passenger seats alongside the driver. These are deemed front seats. It
is an offence to drive the vehicle unless children are properly restrained in the front of any vehicle.
Children under 3 years must be in an appropriate child seat or restraint. Children aged 3 or more must
be belted in, but could use an adult belt if an appropriate restraint were not available. Alternatively the
children could move to a rear seat (see bullet point 5 above)
7. Originally the driver committed an offence if he drove a car or small minibuses (unladen weight less than
2540kg) without ensuring children less than 14 years old were belted in. However the definition of small
bus has changed from an unladen weight of 2540kg to a gross weight not exceeding 3.5t. This may
slightly change the driver’s responsibility to ensure that children wear their belts, however there may be
further changes following a consultation about extending this requirement to larger vehicles
8. The UK concession that young children up to 5 years old can sit on a parent’s lap in a PSV, and not
count as a passenger is still allowed. If the seat belt is worn in these circumstances, only the parent
should wear the belt (i.e. do not include the child inside the belt, it will be crushed). Special loop belts
can be obtained from manufacturers
9. Where a minibus or coach is used wholly or mainly for the carriage of children (probably where the
journey would not happen if the children were not present), each child aged 3 or more must have its own
forward-facing seat fitted with a belt. This legal requirement overrides the general concession above
10. The regulations apply equally to a crew member, such that a hostess or guide would be under the same
obligation to wear their belt. However they only need to wear the belt whilst seated, and may be able to
perform their duties. In these circumstances, CPT recommends that employers should conduct a risk
assessment to ensure that the risk of injury to employees has been reduced to the minimum level
possible. HSE might decide to prosecute under health and safety law
11. The requirement to wear belts and notify passengers is an EU wide obligation. The authorities of other
Member States will enforce similar requirements
12. These regulations also introduce requirements regarding the use of child restraints, booster cushions
and child seats in passenger cars, vans and other goods vehicles. These requirements do not apply to
vehicles with more than 8 passenger seats (i.e. minibuses, buses and coaches). See DfT leaflet

Depends if it's plated a Hackeny Carriage.

It is a minibus seating 16 passengers with none standing.

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Grandad,

Answer in my post above then!

Yes Roy, Absolutely. Interesting though that this would be useful information to teach on the drivers CPC Yet my wife did her 35 hours at Easter and seatbelts were never mentioned. They must have been on another module.

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Grandad,

Most of the [edited by admin] they "teach" you on the CPC is totally useless! It's supposed to improve road safety. I see it improves the profits of the training providers...

I thought your earlier post indicated the EU were looking to ditch the CPC because it was a waste of time and money

Correct. There's been a lengthy discussion last week with the EU, the chairman of the CPT, RHA, FTA and their European counterparts. All seem to have a similar view!

I suppose the DCPC is like most other "training courses", tick the boxes and you know it all and are a lot safer for it. The beneficiaries are as I said, the training providers.