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Legal: Adult Seat Belt Exemptions.
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=1&t=2375		 Page 1 of 1
Author:  JD [ Wed Aug 10, 2005 8:56 pm ]
Post subject:  Legal: Adult Seat Belt Exemptions.
Adult Seat Belt Exemptions.

The requirement for adults to wear adult belts does not apply to:

(1) a person holding a medical certificate;

(2) a person using a vehicle constructed or adapted for the delivery of goods or mail to consumers or addressees, as the case may be, while engaged in making local rounds of deliveries or collections;

(3) a person driving a vehicle while performing a manoeuvre which includes reversing;

(4) a qualified driver who is supervising the holder of a provisional licence while that holder is performing a manoeuvre which includes reversing;

(5) a person by whom a test of competence to drive is being conducted and his wearing a seat belt would endanger himself or any other person.

(6) a person driving or riding in a vehicle while it is being used for fire brigade or police purposes or for carrying a person in lawful custody (a person who is being so carried being included in this exemption).

(7) the driver of a licensed taxi while it is being used for seeking hire, or answering a call for hire, or carrying a passenger for hire or a private hire vehicle while it is being used to carry a passenger for hire.

(8. a person riding in a vehicle, being used under a trade licence, for the purpose of investigating or remedying a mechanical fault in the vehicle.

(9) a disabled person who is wearing a disabled person’s belt; or

(10) a person riding in a vehicle while it is taking part in a procession organised by or on behalf of the Crown.

Without prejudice to head (10) above, the requirement for adults to wear adult belts does not apply to a person riding in a vehicle which is taking part in a procession held to mark or commemorate an event if either:

(a) the procession is one commonly or customarily held in the police area or areas in which it is being held; or

(b) notice in respect of the procession was duly given.

Nor does the requirement for adults to wear adult belts apply to:

(i) a person driving a vehicle if the driver’s seat is not provided with an adult belt.

(ii) a person riding in the front of a vehicle if no adult belt is available for him in the front of the vehicle; or

(iii) a person riding in the rear of a vehicle if no adult belt is available for him in the rear of the vehicle.

1 Ie the requirement of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 5: see para 401 ante. For the meaning of ‘adult belt’ see para 401 note 11 ante.

2 Ibid reg 6(1).

3 Ibid reg 6(1)(a). ‘Medical certificate’, in relation to a person driving or riding in a vehicle, means: (1) a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt; or (2) a valid certificate to such effect issued by the authority having power to issue such a certificate under the law of another member state corresponding to the Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176: reg 2(1), Sch 1 Pt I para 1. A certificate is not, however, to be regarded as a medical certificate in relation to a person driving or riding in a vehicle for these purposes unless: (a) it specifies its period of validity and bears the prescribed symbol shown in Sch 1 Pt II; or (b) the person is aged under 14 years and the vehicle is not a relevant vehicle: Sch 1 Pt I para 2. Schedule 1 Pt I para 2 does not apply in relation to a certificate issued before 1 January 1995: Sch 1 Pt I para 3. For the meaning of ‘relevant vehicle’ see para 401 note 11 ante.
4 Ibid reg 6(1)(b).
5 Ibid reg 6(1)(c).
6 Ie within the meaning given by the Motor Vehicles (Driving Licences) Regulations 1999, SI 1999/2864, reg 17.
7 Ie within the meaning of the Road Traffic Act 1988 Pt III (ss 87–109) (as amended): see para 231 note 28 ante.
8 Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 6(1)(d).
9 Ie as provided by the Motor Vehicles (Driving Licences) Regulations 1999, SI 1999/2864: see para 236 ante.
10 Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 6(1)(e).
11 See FIRE SERVICES vol 18(2) (Reissue) para 68 et seq.
12 As to police vehicles see POLICE vol 36(1) (Reissue) para 543.
13 Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 6(1)(f).
14 For the meaning of ‘licensed taxi’ see para 1116 note 1 post; definition applied by ibid reg 2(1). As to taxis see para 1052 et seq post.
15 ‘Private hire vehicle’ means a motor vehicle which has no more than eight seats in addition to the driver’s seat, other than a licensed taxi or a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981: see para 818 post), which is provided for hire with the services of a driver for the purpose of carrying passengers and which displays a sign pursuant to either the Vehicle (Excise) Act 1971 s 21 (repealed) or the Local Government (Miscellaneous Provisions) Act 1976 s 48(2) or any similar enactment: Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 2(1).
16 Ibid reg 6(1)(g).
17 For the meaning of ‘trade licence’ see para 292 note 3 ante; definition applied by ibid reg 2(1).
18 Ibid reg 6(1)(h).
19 Ibid reg 6(1)(j). ‘Disabled person’s belt’ means a seat belt which has been specially designed or adapted for use by an adult or young person suffering from some physical defect or disability and which is intended for use solely by such a person: Road Vehicles (Construction and Use) Regulations 1986, SI 1986/1078, reg 47(8; definition applied by the Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 2(1).
20 Ibid reg 6(1)(k).
21 Ibid reg 6(2).
22 As to police areas see POLICE vol 36(1) (Reissue) para 313 et seq.
23 Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 6(2)(a).
24 Ibid reg 6(2)(b). Notice is given in accordance with the Public Order Act 1986 s 11: see CRIMINAL LAW, EVIDENCE AND PROCEDURE vol 11(1) (Reissue) para 142.
25 For the meaning of ‘seat’ see para 401 note 6 ante.
26 Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 6(3)(a). For these purposes, a seat is to 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: reg 2(6). A seat is not to be regarded as provided with an adult seat belt if the seat belt: (1) has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline; or (2) does not comply with the requirements of the Road Vehicles (Construction and Use) Regulations 1986, SI 1986/1078, reg 48 (as amended) (see para 131 ante): Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 2(7).
27 As to the availability of seat belts see para 403 post.
28 Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 1993/176, reg 6(3)(b).
29 Ibid reg 6(3)(c).
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