Statutory Instruments
2006 No. 2213
ROAD TRAFFIC
The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment) Regulations 2006
Made
9th August 2006
Laid before Parliament
16th August 2006
Coming into force
18th September 2006
These Regulations are made in exercise of the powers conferred by sections 15(1), (5), (5A) and (6) of the Road Traffic Act 1988( 1 ).
The Secretary of State for Transport has consulted with representative organisations in accordance with section 195(2) of the Road Traffic Act 1988.
Accordingly the Secretary of State for Transport makes the following Regulations:
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment) Regulations 2006 and shall come into force on 18 September 2006.
(2) These Regulations do not extend to Northern Ireland.
Amendment of the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993
2.The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993( 2 ) are amended in accordance with regulations 3 to 8.
3. —(1) In paragraph (1) of regulation 2 (general interpretation) after the definition of “medical certificate” insert—
“ “operator”, in relation to a bus, means—
the owner of the bus, or
if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person; ” .
(2) In paragraph (3) of that regulation substitute “135” for “150” in the definition of “small child”.
(3) In sub-paragraph (d) of paragraph (4) of that regulation—
(a) for “in a relevant vehicle (“the vehicle in question”)” substitute “in a vehicle”, and
(b) for “in the vehicle in question in that State” substitute “in that vehicle in that State”.
(4) In sub-paragraph (b) of paragraph (5) of that regulation—
(a) for “in a relevant vehicle (“the vehicle in question”)” substitute “in a vehicle”, and
(b) for “in the vehicle in question in that State” substitute “in that vehicle in that State”.
(5) For paragraph (9) of that regulation substitute—
“ (9) For the purposes of these Regulations, a seat belt is appropriate—
(a) in relation to a small child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 5;
(b) in relation to a large child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 5 or an adult belt; or
(c) in relation to a person aged 14 years or more, if it is an adult belt. ” .
(6) After paragraph (9) of that regulation insert—
“ (9A) For the purposes of these Regulations, references to a bus being used to provide a service in a “built-up area” shall be construed in the same way as in section 15B(6) of the Act. ” .
4. Omit regulation 3 (interpretation of references to relevant vehicles).
5. In regulation 5 (description of seat belts to be worn by children)—
(a) omit the words “and the vehicle is a relevant vehicle” in sub-paragraph (a) of paragraph (1), and
(b) omit sub-paragraph (b) of paragraph (1).
6. In regulation 7 (exemptions) for paragraph (1) and (2) substitute—
“ (1) The prohibition in section 15(1) of the Act shall not apply in relation to—
(a) a small child aged 3 years or more who is riding in a bus and is wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
(b) a child for whom there is a medical certificate; or
(c) a disabled child who is wearing a disabled person’s belt.
(2) The prohibition in section 15(1) of the Act shall not apply in relation to a child riding in a bus—
(a) which is being used to provide a local service (within the meaning of the Transport Act 1985 ( 3 ) ) in a built-up area, or
(b) which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing. ” .
7. In paragraph 2(b) of Schedule 1 (meaning of “medical certificate”), omit the words “and the vehicle is not a relevant vehicle”.
8. —(1) In paragraph 1 of Schedule 2 (interpretation of reference to availability of seat belts)—
(a) for “adult belt” in both places substitute “appropriate seat belt”, and
(b) for “that person” in both places substitute “that child”.
(2) In paragraph 2 of Schedule 2, omit sub-paragraph (f).
(3) Omit paragraph 4 of Schedule 2.
Signed by authority of the Secretary of State for Transport
S.J ladyman
Minister of State
Department for Transport
9th August 2006
1988 c.52 ; sections 15 and 195 were amended by the Road Traffic Act 1988 (Amendment) Regulations 1992 ( S.I. 1992/3105 ). Section 15B was added by the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 ( S.I. 2006/1892 ).
1985 c.67 . A “local service” is defined in section 2 of that Act.