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Child car seat use in cars and goods vehicles.
1. What are the new regulations?
* the table at the bottom of this page summarises the new and old rules to show where things have changed.
* children under 3 years MUST use the child restraint (ie child seat or booster) appropriate for their weight in any vehicle (including vans and other goods vehicles):-
* a child under three may travel unrestrained in the rear of a taxi if the right child restraint is not available.
* 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 an occasional journey over a short distance, if the right child restraint is not available,
- where two occupied child seats in the rear prevent the fitment of a third child seat.
[Note - children under 12 years in front seats must use the appropriate restraint - that is the law already.]
* 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.
* from May 2008, all child restraints must comply with the UN ECE 44.03 standard (or subsequent versions). Child seats to the 44.03 standard have been on sale for many years.
* from May 2009, in vehicles fitted with seat belts, the number of passengers carried must not exceed the number of seat belts or child restraints.
2. What do you mean by "child restraints"? Are booster seats and booster cushions included in 'child restraints'?
"Child restraints" is the collective term in the seat belt wearing legislation for:
* baby seats - rear-facing and for children up to 13 kgs (approx age birth to 9-12 months);
* child seats - forward facing and for children 9 kgs to 18 kgs (approx 9 months to 4 years);
* booster seats - for children 15 kgs to 25 yrs (approx 4 to 6 years);
* booster cushions - for children 6 years and up.
3. When will the regulations come into force?
Regulations will be laid for the approval of Parliament as soon as possible. Subject to that, we aim for them to come into force during September.
4. Why are the rules changing?
* The changes update regulations dating from 1993 when many more cars on the road than now did not have rear seat belts. The old rules are generally to use child seats and boosters 'if they are available'. The vast majority of cars have rear seat belts now. Therefore it is right to make sure that children benefit by always using up-to-date design child seats and boosters with very few exceptions.
* The new rules represent best practice to help keep children safe. Parents have allowed older children to move up to adult belts too soon. The new rules spell out that children must use child restraints until they reach the height of 135 cms.
* The old rules, presently allow children under 3 to be carried unrestrained in the rear of cars if a baby seat or child seat is not available. Most cars have rear seat belts now. Many older cars can easily be fitted with them because anchorages have been built-in since 1982. It is time to make sure that all children are always carried in the right seat .
5. What has changed?
This is best shown in the summary table below.
6. Who is responsible for child restraint use by children?
Drivers are responsible in law for making sure that children under 14 years use seat belts or child restraints in cars, goods vehicles and mini-buses. Those 14 years and above are responsible for themselves.
7. What are the penalties for non-compliance?
A £30 fixed penalty notice. If a case goes to court, the maximum fine is £500. Penalty points are not applicable.
8. Does that mean that I may not carry children in just a seat belt until they are over 135cm?
* Correct - 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.
9. Surely adult seat belts are OK for older children?
* Adult seat belts are best for people over 150 cms in height and with an adult bone structure. Children need to use child seats and boosters to be safe - they put them in the right position to benefit from the adult seat belt properly.
* The lap belt element of an adult seat belt needs to go as low as possible over the stomach. Therefore 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 'submarining' under the belt.
10. 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 fitting 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.
11. What about travelling in taxis?
* It is impracticable to expect the right child seat or booster to be available in a taxi unless parents have brought one with them. Therefore, there is an exception so that 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.
* Remember that a child up to 135 cms in a front seat of any vehicle must use the correct child seat or booster.
12. What if my child (or I) has an accident and needs to go in an ambulance?
The new regulations will include an exemption for emergency vehicles, including police vehicles.
13. What will happen if there is an emergency and at short notice I can't pick my child up from school and have to ask a friend to do it? What if someone else has an unexpected delay and asks me to pick up their child from school and I don't have a spare child restraint?
* There is a special exemption for children over 3 years on an occasional journey over a short distance. The child must still use an adult belt and sit in the rear. This exemption is not for journeys such as the regular school run. Don't treat this as a let out: children need to use child restraints to travel safely.
* Children under 3 years must always have a child seat. The only exception is when they travel in the rear of taxis and a child seat is not available.
14. Is there a definition for a "short or occasional journey'?
Treat this exemption as providing for unforeseen emergencies only. Remember that the law about using child restraints is for children's safety.
15. Do the rules apply in cars not fitted with seatbelts?
Children under 3 must use the appropriate child restraint in all cases - there is no exemption for them in vehicles with no seatbelts in the rear, such as classic cars. However, children 3 years to 135 cms height may be carried in the rear of such vehicles without restraints but they can only go in the front if they use the correct child seat or booster.
16. 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.
17. What if there are no seat belts in the rear of a vehicle (car/van/camper)?
Children under 3 must use the correct baby seat or child seat so they would need to be carried in the front. Children 3 and over must use child seats or boosters in the rear where seat belts are fitted. The law is not going to make people fit restraints in the rear of camper vans where the seats do not have seat belts; but it is not safe for children to ride in the rear of a camper without a restraint.
18. What if there are too many people for everybody to use a seat belt?
* It is not safe for people to travel without a seat belt. In a crash, unbelted passengers can injure other passengers. It is very dangerous to carry a baby or small child in your lap - never do it, even for a short distance!
* From May 2009, all passengers in any vehicle with seat belts fitted must use a seat belt or child seat or booster.
* The law already prohibits passengers or loads being carried in a manner that involves a danger of injury to anyone. The police use this now to deal with over-crowded cars, babies in laps and other dangers.
19. Do the new rules apply in vans and larger commercial vehicles?
The new rules apply in cars, vans and goods vehicles. And the old rules apply in those vehicles as well.
20. 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 could 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.
21. 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.
22. 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.
23. How do I know if my child car seat is correctly fitted?
* Follow the manufacturer's instructions carefully when fitting your car seat and keep them in your car. Make sure that the child seats are tightly held in place. Make sure others know how to fit them properly if they are taking your children out with them.
* Some retailers offer a service demonstrating how to fit a child seat. Check your car seat is still fitted correctly every trip.
* Speak with your local Road Safety Officer (at your county council) or look out in your local press for any fitting checks in your area.
24. When I buy a new child car seat, how will I know if it will fit my car properly?
Try before you buy. Some retailers offer a service demonstrating how to fit a child seat which will also check whether it fits. Manufacturers' web-sites may have advice.
25. I have a child with a disability and it's very difficult to get them in a child car seat. What can I do?
Child seats are available that are designed specifically for children with disabilities. Advice can be obtained from the manufacturers of child seats or from specialist retailers of child seats. Road Safety Officers (at county councils) may know of specialists in their vicinity.
26. Can second-hand child seats and boosters be used?
Parents/carers should beware of second-hand child seats. They need to check whether they are to the up-to-date UN ECE 44.03 or later standard. Do they have the correct fitting instructions, and have they been in a crash already?
27. 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.
28. What is being done to make the fitting of child seats easier?
Child seat manufacturers try to provide good instructions with their products. Retailers will often be able to demonstrate how they need to be fitted. The arrival of ISOFix will mean that the task will be easier in the future.
29. What is ISOFix?
* ISOFix anchorage points are increasingly being installed in new cars. The main advantage is that they allow a child seat to be secured safely to the main structure of the car, helping to minimise the risk of poor or incorret seat installation. These permanent fixtures in each seat position mean that child seats with ISOFix fittings will be able to be fitted and released very easily without needing to use the adult seat belts. It will take up to 10 years for the majority of cars to have them.
* Some child seats already have ISOFix fittings. Check with the manufacturer which of their products has them and which cars they fit.
30. How do I know which is the best child seat?
The best child seat is one that is right for the child and correctly fitted as instructed by the manufacturer.
31. Why are old design child restraints being prohibited from May 2008?
Design standards have been, and continue to, improve and provide significantly higher levels of protection.
32. What are the seat belt wearing rules in mini-buses and coaches?
* Seat belt wearing is already compulsory in mini-buses. The driver is responsible for seat belt wearing by children under 14 years.
* The new regulations will mean that seated passengers aged 3 years and above will have to use seat belts where they are fitted in the larger buses and coaches. In vehicles over 16 seats, the driver is exempt from this responsibility because he cannot be expected to monitor seat belt wearing and drive safely at the same time.
* The regulations for this will be laid in Parliament at the same time as the child seat regulations. Subject to Parliamentary approval, they are intended to come into force during September.
Nothing in law to prevent child seats being used if they fit. However, coaches may only have lap belts and most child seats need lap and diagonal belts in order to be secured.
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