Road Traffic Act 1988, section 15

Restriction on carrying children not wearing seat belts in motor vehicles

Part I Principal Road Safety Provisions

(1)Except as provided by regulations, where a child under the age of fourteen years is in the front of a motor vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.

[F113 (1A)Where—

(a)a child is in the front of a motor vehicle other than a bus,

(b)the child is in a rear-facing child restraining device, and

(c)the passenger seat where the child is placed is protected by a front air bag,

a person must not without reasonable excuse drive the vehicle on a road unless the air bag is deactivated.F113]

(2)It is an offence for a person to drive a motor vehicle in contravention of subsection (1) [F114or (1A)F114] above.

[F115 (3)Except as provided by regulations, where—

(a)a child under the age of three years is in the rear of a motor vehicle, or

(b)a child of or over that age but under the age of fourteen years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,

a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.F115]

[F116 (3A)Except as provided by regulations, where—

(a)a child who is under the age of 12 years and less than 150 centimetres in height is in the rear of a passenger car,

(b)no seat belt is fitted in the rear of the passenger car, and

(c)a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person,

a person must not without reasonable excuse drive the passenger car on a road.F116]

(4)It is an offence for a person to drive a motor vehicle in contravention of subsection (3) [F117 or (3A)F117] above.

(5)Provision may be made by regulations—

(a)excepting from the prohibition in subsection (1) [F118, (3) or (3A)F118] above children of any prescribed description, vehicles of a prescribed class or the driving of vehicles in such circumstances as may be prescribed,

(b)defining in relation to any class of vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of subsection (1) [F119or (3A)F119] above or as the rear of the vehicle for the purposes of subsection (3) [F119or (3A)F119] above,

(c)prescribing for the purposes of subsection (1) or (3) above the descriptions of seat belt to be worn by children of any prescribed description and the manner in which such seat belt is to be fixed and used.

F120(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F121 (6)Regulations made for the purposes of subsection (3) or (3A) above—

(a)shall include an exemption for any child holding 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, and

(b)[F122 mayF122] include an exemption for any child holding a certificate to the like effect which was issued in any member State F123... and which, under the law of that State, is valid for purposes corresponding to those of this section,

F124....F121]

(7)If the driver of a motor vehicle is informed by a constable that he may be prosecuted for an offence under subsection (4) above, he is not in proceedings for that offence entitled to rely on an exception afforded to a child by a certificate referred to in subsection (6) above unless—

(a)it is produced to the constable at the time he is so informed, or

(b)it is produced—

(i)within seven days after the date on which he is so informed, or

(ii)as soon as is reasonably practicable,

at such police station as he may have specified to the constable, or

(c)where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.

(8)For the purposes of subsection (7) above, the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

(9)In this section—

  • [F125 “bus” means a motor vehicle that—

    (a)

    has at least four wheels,

    (b)

    is constructed or adapted for the carriage of passengers,

    (c)

    has more than eight seats in addition to the driver's seat, and

    (d)

    has a maximum design speed exceeding 25 kilometres per hour;F125]

  • [F126 “maximum laden weight” has the meaning given by Part IV of Schedule 6 to the M1 Road Traffic Regulation Act 1984;

  • “passenger car” means a motor vehicle which—

    (a)

    is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

    (b)

    has no more than eight seats in addition to the driver’s seat,

    (c)

    has four or more wheels,

    (d)

    has a maximum design speed exceeding 25 kilometres per hour, and

    (e)

    has a maximum laden weight not exceeding 3.5 tonnes,F126]

  • F127 “regulations” means regulations made by the Secretary of State under this section, . . .

  • “seat belt” includes any description of restraining device for a child and any reference to wearing a seat belt is to be construed accordingly.

  • F128 ...

[F129 (9A)The reference in subsection (1) above to the air bag being deactivated includes a reference to the case where the air bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question.F129]

F130(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 15 7

motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
drive

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act
prescribed

“prescribed” (except in section 5A) means prescribed by regulations made by the Secretary of State,

Defined in s.192(1) · see it in the full Act
driver

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
the accused

3 (1) Where proceedings are brought in England and Wales against a person (referred to below in this paragraph as “the accused”) in respect of a contravention of section 15A, 17 or 18(4) of this Act and it is proved—

(a) that the contravention was due to the act or default of some other person, being an act or default which took place in Scotland, and

(b) that the accused used all due diligence to secure compliance with that section,

Defined in Sch.1 para.3(1) · see it in the full Act

(2) Where a person (referred to in this sub-paragraph as “the accused") who is charged in Scotland with a contravention of section 15A, 17 or 18(4) of this Act proves to the satisfaction of the court—

(a) that he used all due diligence to secure that the provision in question was complied with, and

(b) that the contravention was due to the act or default of some other person,

Defined in Sch.1 para.4(2) · see it in the full Act
goods vehicle

“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted,

Defined in s.192(1) · see it in the full Act

Cases considering section 15 4

Director Of Public Prosecutions v Kelsey Christina Ridings

[2024] EWHC 498 (Admin) · 6 March 2024Interprets

Confirms that the statutory presumption applied once excess alcohol was established in the breath specimen. The magistrates were required to apply that presumption when determining whether later consumption accounted for the excess. (see paras [2]; [12]; [18]-[25]) Interprets the statutory defence as placing a persuasive burden on the defendant, to the balance of probabilities, to establish that post-incident alcohol consumption explained the excess. Applying the criminal standard instead constituted a material error of law. (see paras [2]; [18]-[27])

R v Jason Howells

[2025] EWCA Crim 1237 · 11 September 2025

The court left unchanged the decision to impose no separate penalty for the child-passenger offence. (see para [66])

J (a child) v Wilkins

[2000] EWCA Civ 3024 · 18 December 2000

The provision is applied as part of the finding that the driver breached the statutory requirements concerning the use of seat restraints for a child travelling in the front seat.

What each judgment says about section 15 is in the case-law panel in the full Act.

Amendments and notes

20 notes from legislation.gov.uk

Amendments

  1. F113S. 15(1A) inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(1)
  2. F114Words in s. 15(2) inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(2)
  3. F115S. 15(3) subsitituted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(3)
  4. F116S. 15(3A) inserted (2.2.1993) by S.I 1992/3105, reg. 3(2).
  5. F117Words in s. 15(4) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(3).
  6. F118Words in s. 15(5)(a) substituted (2.2.1993) by S.I. 1992/3105, reg. 3(4)(a).
  7. F119Words in s. 15(5)(b) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(4)(b).
  8. F120S. 15(5A) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
  9. F121S. 15(6) substituted (2.2.1993) by S.I. 1992/3105, reg. 3(6).
  10. F122Word in s. 15(6)(b) substituted (31.12.2020) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
  11. F123Words in s. 15(6)(b) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
  12. F124Words in s. 15(6) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
  13. F125In s. 15(9) definition of "bus" inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(4)
  14. F126Definitions in s. 15(9) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(7)(a)(b).
  15. F127Word in s. 15(9) omitted (2.2.1993) by virtue of S.I. 1992/3105, reg. 3(7)(b).
  16. F128Words in s. 15(9) omitted (31.12.2020) by virtue of The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/512), regs. 1(1), 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
  17. F129S. 15(9A) inserted (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), reg. 3(5)
  18. F130S. 15(10) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

Modifications

  1. C20S. 15(1) restricted (2.2.1993) by S.I. 1993/31, regs. 6, 7(1)-(3) (as amended (18.9.2006) by The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment) Regulations 2006 (S.I. 2006/2213), reg. 6)

Marginal citations

  1. M11984 c. 27.