Driving Law - Helping you with all aspects of motoring legal advice
Driving Law – Seatbelts
It is an offence for an individual not to wear a seatbelt if one is available to wear. However, it also the responsibility of the driver to ensure that children under 14 are wearing seatbelts or child restraints where appropriate and where available.
| Person | Front seat | Rear seat | Responsibility of |
| DRIVER | Must be worn if fitted | Driver | |
| Child under 3 years of age | Appropriate child restraint* must be worn | Appropriate child restraint* must be worn if available | Driver |
| Child aged 3 to 11 and under, 1.5metres (about 5 feet) in height | Appropriate child restraint* must be worn if available. If not, an adult seat belt must be worn | Appropriate child restraint* must be worn if available. If not, an adult seat belt must be worn if available | Driver |
| Child aged 12 or 13 or younger child 1.5metres or more in height | Adult seat belt must be worn if available | Adult seat belt must be worn if available | Driver |
| Passengers over the age of 14 | Must be worn if available | Must be worn if available | Passenger |
- maximum fine of £500.00
The usual penalty, however, is a £30 fixed penalty notice fine.
The following exemption to wearing a seatbelt applies by virtue of the Motor Vehicles (Wearing of Seatbelts) Regulations 1993:
- a person holding a medical certificate;
- the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed 50 metres and which is undertaken for the purpose of delivering or collecting any thing;
- a person driving a vehicle while performing a manoeuvre which includes reversing; a qualified driver (within the meaning given by regulation 17 of the. Motor Vehicles (Driving Licences) Regulations 1999) who is supervising the holder of a provisional licence (within the meaning of Part 111 of the Act) while that holder is performing a manoeuvre which includes reversing;
- a person by whom, as provided in the Motor Vehicles (Driving Licences) Regulations 1999, a test of competence to drive is being conducted and his wearing a seat belt would endanger himself or any other person;
- a person driving or riding in a vehicle while it is being used for fire brigade or, in England, fire and rescue authority or police purposes or for carrying a person in lawful custody (a person who is being so carried being included in this exemption);
- the driver of—
- 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;
- a disabled person who is wearing a disabled-person's belt; or
- a person riding in a vehicle while it is taking part in a procession organised by or on behalf of the Crown.
