Citation and commencement

1. These Regulations may be cited as the Motor Vehicles (Wearing ofSeat Belts in Rear Seats by Adults) Regulations 1991 and shall come intoforce on 1st July 1991.

General interpretation

2.-(1) In these Regulations-

"adult seat belt" means-

(a)a three-point belt, or

(b)a lap belt,

which has been marked in accordance with regulation47(7) of the Construction and Use Regulations;

• "child restraint" means a seat belt or any other description of restraining devicefor the use of a young person-

  (a)

  which is designed either to be fitted directly to a suitableanchorage or to be used in conjunction with an adult seat belt and heldin place by the restraining action of that belt; and

  (b)

  which has been marked in accordance with regulation 47(7) of theConstruction and Use Regulations;

  and any reference to wearing a child restraint is to be construed accordingly;

• "Construction and Use Regulations" means the Road Vehicles (Construction and Use) Regulations 1986(2);

• "medical certificate", in relation to a person, means a valid certificate signed by amedical practitioner to the effect that it is inadvisable on medicalgrounds for that person to wear a seat belt;

• "rear seat" in relation to a vehicle means a seat not being the driver's seat,a seat alongside the driver's seat or a specified passenger seat

• "trade licence" has the same meaning as in section 38(1) of theVehicles (Excise) Act 1971(3);

• "disabled person's belt","lap belt","seat","specified passenger seat" and"three point belt" have the meanings given by regulation 47(8) of the Construction andUse Regulations.

(2) Without prejudice to section 17 of the Interpretation Act 1978(4), a reference to a provision of the Construction and UseRegulations is a reference to that provision as from time to timeamended or as from time to time re-enacted with or without modification.

(3) For the purposes of these Regulations, a child restraint isappropriate, in relation to a child under the age of 14 years, if it isa child restraint appropriate to the weight of the child in accordancewith the indication of weight shown on the marking required underregulation 47(7) of the Construction and Use Regulations.

Application

3. These Regulations apply to every motor car which is not constructedor adapted to carry more than 8 passengers in addition to the driver.

Requirement for adults to wear seat belts

4. Subject to the following provisions of these Regulations, everyperson shall wear an adult seat belt if he is aged 14 years or more andriding in the rear of a motor car to which these Regulations apply.

Exemptions

5.-(1) The requirements of regulation 4 shall not apply to-

(a)a person holding a medical certificate;

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

(c)a constable protecting or escorting another person;

(d)a person who is not a constable but is protecting or escortinganother person by virtue of powers the same as or similar to those of aconstable for that purpose;

(e)a person in the service of a fire brigade and who is donningoperational clothing or equipment;

(f)a person riding in a vehicle, being used under a trade licence, forthe purpose of investigating or remedying a mechanical fault in thevehicle;

(g)a disabled person who is wearing a disabled person's belt; or

(h)a person riding in a vehicle which is taking part in a processionorganised by or on behalf of the Crown.

(2) Without prejudice to paragraph (1)(h) above, the requirements ofregulation 4 do not apply to a person riding in a vehicle which istaking part in a procession held to mark or commemorate an event ifeither-

(a)the procession is one commonly or customarily held in the policearea or areas in which it is being held, or

(b)notice in respect of the procession was given in accordance withsection 11 of the Public Order Act 1986(5).

(3) The requirements of regulation 4 do not apply to a person riding ina vehicle if no adult seat belt is available for him.

Interpretation of reference to availability

6.-(1) An adult seat belt shall not be regarded as being available for aperson for the purposes of regulation 5(3) unless such a belt isregarded as available to him by virtue of paragraph (2) below.

(2) Subject to paragraph (5) below, if any rear seat in a vehicle isprovided with an adult seat belt, that belt ("the relevant belt") shall be regarded as available for a particular person ("the person in question") for the purposes of regulation 5(3) unless-

(a)another person is wearing the relevant belt;

(b)a child under the age of 14 is occupying the seat and wearing achild restraint which is an appropriate child restraint for that child;

(c)another person, being a person holding a medical certificate, isoccupying the seat;

(d)a disabled person (not being the person in question) is occupyingthe seat and wearing a disabled person's belt;

(e)by reason of his disability, it would not be practicable for theperson in question to wear the relevant belt;

(f)the person in question is prevented from occupying the seat by thepresence of a carry cot which is restrained by straps and in which thereis a child aged under1 year;

(g)the person in question is prevented from occupying the seat by thepresence of a child restraint which could not readily be removed withoutthe aid of tools; or

(h)in the case of a seat that is specially designed so that-

(i)its configuration can be adjusted in order to increase the space inthe vehicle available for goods or personal effects, and

(ii)when it is so adjusted the seat cannot be used as such,

the configuration is adjusted in the manner described insub-paragraph (i) and it would not be reasonably practicable for thegoods and personal effects being carried in the vehicle to be so carriedwere the configuration not so adjusted.

(3) Paragraph (2)(b) or (d) above shall not apply unless the presence ofthe other person renders it impracticable for the person in question towear the relevant belt.

(4) Paragraph (2)(f) above shall not apply if it would be reasonablypracticable for the carry cot to be carried in any other part of thevehicle where it could be restrained by straps so as to render itpracticable for the person in question to wear the relevant belt.

(5) A seat belt shall not be regarded as available for any person forthe purposes of regulation 5(3) if-

(a)it has an inertia reel mechanism which is locked as a result of thevehicle being, or having been, on a steep incline, or

(b)it does not comply with the requirements of regulation 48 of theConstruction and Use Regulations.

(6) A seat belt shall be regarded as provided for a seat for thepurposes of this regulation if it is fixed in such a position that itcan be worn by an occupier of that seat.

Explanatory Note

(This note is not part of the Regulations)

1. These Regulations are made under section 14 of the Road Traffic Act1988 and contain provisions requiring persons riding in the rear ofcertain classes of motor vehicles to wear a seat belt save incircumstances where the Regulations otherwise provide.

2. The Regulations apply only to motor cars (as defined in section 185of the 1988 Act) which are not constructed or adapted to carry more than8 passengers in addition to the driver (regulation 3).

3. Regulation 4 requires a person aged 14 years or more to wear anadult seat belt when riding in the rear of a motor car to which theRegulations apply."Adult seat belt" is defined in regulation 2.

4. Regulation 5 sets out the circumstances in which a person is exemptfrom having to wear a seat belt when riding in the rear of a vehicle. Inparticular, paragraph (2) as read with regulation 6, exempts a personfrom having to wear a seat belt if no adult seat belt fitted in the rearis available for him. Regulation 6 sets out the circumstances in whichan adult seat belt is regarded as being available.