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| Child Car Seat Regs |
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- What are the new regulations?
- Are there any exemptions?
- What do you mean by "child restraints"?
- Why do children need child restraints?
- When will the regulations come into force?
- Why are the rules changing?
- Who is responsible for making sure children are properly restrained in the car?
- What are the penalties for non-compliance?
- Does that mean that I may not carry children in just a seat belt if they are under 135cm?
- Surely adult seat belts are OK for older children?
- What if I am carrying more children than I can fit car seats?
- What about travelling in licensed taxis?
- What about rear facing seats in the back of estate cars, or small seats with forward facing seats in sports cars?
- What if my child (or I) has an accident and needs to go in an ambulance that doesn't have a child restraint?
- 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?
- Do the rules apply in cars not fitted with seatbelts?
- What if there are no seat belts in the rear of a vehicle (car/van/camper)?
- What if there are too many people for everybody to use a seat belt?
- Why can't I use a rear-facing baby seat in a seat protected by an active frontal air-bag?
- Can I use a forward facing child seat or booster in a seat fitted with an active air-bag?
- 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?
- How do I know if my child car seat is correctly fitted?
- When I buy a new child car seat, how will I know if it will fit my car properly?
- I have a child with a disability and it's very difficult to get them in a child car seat. What can I do?
- Can second-hand child seats and boosters be used?
- My child is under 135 cms in height but already weighs more than 36 kgs? Should he use the adult belt?
- What is being done to make the fitting of child seats easier?
- What is ISOFix?
- How do I know which is the best child seat?
- What are the seat belt wearing rules in mini-buses, buses and coaches?
- What are the new regulations?
What are the new regulations? | Current rules |
| Front seat | Rear seat | Who is responsible? | Driver | Seat belt must be worn if fitted. |
| Driver | Child under 3 years of age | Correct child restraint must be used. | Correct child restraint must be used if available. | Driver | Child 3-11 years and under 150cms in height | Correct child restraint must be used if available. If not an adult seat belt must be worn. | Correct child restraint must be used if available. If not an adult seat belt must be worn if available. | Driver | Child 12 or 13, or 1.5 metres (approx 5ft) or more in height | Seat belt must be worn if fitted. | Seat belt must be worn if fitted. | Driver | Adult passengers (ie 14 years and over) | Seat belt must be worn if fitted. | Seat belt must be worn if fitted. | Passenger | | From 18 September 2006 in cars, vans and goods vehicles |
| Front seat | Rear seat | Who is responsible? | Driver | Seat belt MUST be worn if available. |
| Driver | Child up to 3 years* | Correct child restraint MUST be used*. | Correct child restraint MUST be used*. If one is not available in a taxi, may travel unrestrained. | Driver | Child from 3rd birthday up to 135cms in height (approx 4'5") (or 12th birthday whichever they reach first)** | Correct child restraint MUST be used***. | Where seat belts fitted, correct child restraint MUST - in a licensed taxi/private hire vehicle; or
- for a short distance for reason of unexpected necessity; or - two occupied child restraints prevent fitment of a third. A child 3 and over may travel unrestrained in the rear seat of a vehicle if seat belts are not available. be used. Must use adult belt if the correct child restraint is not available:
| Driver | Child over 1.35 metres (approx 4ft 5ins in height) or 12 or 13 years | Seat belt MUST be worn if available. | Seat belt MUST be worn if available. | Driver | Adult passengers (ie 14 years and over) | Seat belt MUST be worn if available. | Seat belt MUST be worn if available. | Passenger |
In addition, the revised regulations also say that 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. * Children under 3 years MUST use the child restraint appropriate for their weight in all cars, vans and other goods vehicles, with the single exception for the rear of taxis. They cannot travel otherwise. This means for example that they may not travel in cars, vans or goods vehicles which do not have seat belts installed. ** Examples. A 7 year old who is 140 cms tall is over the height for a child restraint and may use an adult seat belt. A 12 year old who is 130 cms tall is over the age threshold and therefore may use an adult belt. *** If no seat belts are fitted in the front, then children under 135 cms in height (who are also under 12 years of age) cannot travel in the front. In buses and coaches (including minibuses), seated passengers aged 14 years and above will have to use seat belts where they are fitted. Regulations requiring children 3 years to 13 years to use seat belts (or child restraints if they are available) in these vehicles will be brought forward as soon as practicable. The regulations will not include any obligation for anyone to provide child restraints in these vehicles.
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- Are there any exemptions?
Three exceptions allow children 3 years to 135 cms in height to travel in the rear and use an adult belt: -
in a licensed taxi/private hire vehicle, if the right child restraint is not available; or -
for unexpected necessity over a short distance, if the right child restraint is not available; or -
where two occupied child seats in the rear prevent the fitment of a third child seat. Children under 3 years may travel in the rear of a taxi unrestrained if no child restraint is available.
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- What do you mean by "child restraints"?
"Child restraints" is the collective term in the seat belt wearing legislation for baby seats, child seats, booster seats and booster cushions. Modern child restraints are designed for specific weight ranges of child. They have to meet UN ECE Regulation 44.03 (or subsequent) type approval standard and be marked with a label (showing an "E" and "44.03" or ".03") and the Group number, or weight range of child, for which it is designed. All child restraints that meet the Regulation 44.03 type approval standard are approved for use in forward-facing or rear-facing seats. Manufacturers use different names for their products so the names we have used below may not always apply and are a guide only. Manufacturers sometimes combine weight ranges in one product so that it can be used over a longer time as a child grows. It is the weight of the child that decides the restraint that must be used. -
Group 0 and Group 0+. These are baby seats - rear-facing and for children up to 10 kgs and up to 13 kgs respectively (approx age birth to 9-12 months); -
Group I. Child seats - forward facing and for children 9 kgs to 18 kgs (approx 9 months to 4 years); -
Group II. Booster seats - for children from 15 kgs to 25 kgs (approx 4 to 6 years), or 15kgs up to 36 kgs); -
Group III. Booster cushions - for children from 22 kgs and up to 36 kgs (from approx 6 years).
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- Why do children need child restraints?
When a vehicle is involved in a crash it comes to an abrupt halt. If not restrained, occupants will have their own crash into the vehicle structure. Restraint systems are therefore designed to help keep people away from the vehicle structure and to distribute the forces of a crash over the strongest parts of the human body, with minimum damage to the soft tissues. Adults are restrained by a three point seat belt. This is designed for adults and not for children. Children are not small adults. They are proportioned differently and their key organs are in different places. Their tissues have different strengths and weaknesses and their needs change as they grow. Therefore they need a child restraint system to cope with the different stages of their development. Infants - At birth, the infant head is around a quarter of their total length and about a third of their body weight. An infant's skull is very flexible, so a relatively small impact can result in significant deformation of the skull and brain. The smaller the child, the lower the force needed for injury. The infant rib cage is also very flexible. Impact to the chest can result in a large compression of the chest wall onto the heart and lungs, and some of the abdominal organs. The infant pelvis is unstable and cannot withstand the forces from an adult restraint system. A rear facing child restraint system is the only solution to provide the best protection for infants up to 13 kg weight. Childhood - The bone making process is not complete until the age of 6 or 7 and throughout childhood a child's skull remains less strong than that of an adult. A restraint system needs to limit forward head movement in a frontal impact and provide protection from intrusion in a side impact. A child restraint should therefore distribute the crash forces over as wide an area as possible. Belts and harnesses therefore need to fit well and be properly positioned as designed by the manufacturer. The restraint system should also provide protection as far as possible from contact with the vehicle interior in both front and side impacts. The best type of child restraint for early childhood is the child safety seat. The integral harness secures the child and spreads the crash forces over a wide area. This seat will last them until either their weight exceeds 18kg or they grow too tall for the height of the adjustable harness. Booster seats are best used only when a child has outgrown a safety seat and are designed for weights from 15 kg to 25 kg. These raise the seating position of the child so that the adult seat belt lies properly across the chest and in particular low across the pelvis - if the adult belt is too high across the stomach, then in a crash, serious internal injury could result, or the child could submarine under the seat belt. The booster seat has a back and can provide some protection in a side impact. Booster cushions are designed for weights from 22 kg to 36 kg but manufacturers are now producing boosters with backs that cover both weight ranges.
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- When will the regulations come into force?
The regulations will come into force on 18 September 2006.
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- 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 now have rear seat belts. Therefore parents can now benefit by always using child seats and boosters.
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- Who is responsible for making sure children are properly restrained in the car?
Drivers are legally responsible for making sure that children under 14 years use seat belts or child restraints in cars and goods vehicles. Those 14 years and above are responsible for themselves.
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- 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. In 2004, there were some 200,000 fixed penalties issued by the police and about 5000 cases went to court.
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- Does that mean that I may not carry children in just a seat belt if they are under 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.
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- Surely adult seat belts are OK for older children?
-
Adult seat belts are best for people over 150 cms (approx 5') 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 slipping out under the belt.
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- What if I am carrying more children than I can fit car seats?
All children up to 135 cms in height MUST use the correct child restraint and therefore you may not carry more children than there are child restraints . However, 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 in the rear. 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. See below about air-bags in front seats
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- What about travelling in licensed taxis?
The driver of the vehicle is responsible for seat belt wearing by children under 14 years (except in taxis with fixed partitions).
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- What about rear facing seats in the back of estate cars, or small seats with forward facing seats in sports cars?
Some estate cars have rear facing seats in the luggage compartment for use by children, and some 2 + 2 sports cars have small rear seats. Child seats/boosters to the required UN ECE Regulation 44.03 type approval must be used on these seats. However, it may be that such seats are certified to UN ECE 44.04 type approval standards which means that they effectively approved child seats/booster sets themselves and therefore a separate child seat/booster would not be needed. If a seat complies with the type-approval standard, it will have an "E" label, with "44.03" or ".03" and the weight range of the child for which it is designed. You may need to check with the car handbook, or the vehicle manufacturer, whether the seat is so approved.
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- What if my child (or I) has an accident and needs to go in an ambulance that doesn't have a child restraint?
The new regulations will include an exemption for emergency vehicles, including police vehicles.
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- 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?
-
If there is an 'unexpected necessity' there is an exemption for a child of 3 years or more to wear an adult belt on a short journey when no appropriate child seat is available. The exemption is not intended to cover regular school runs or other journeys that are planned in advance. -
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.
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- 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 vehicles without restraints but they can only go in the front if they use the correct child seat or booster.
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- 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 travelling in the front in the correct child restraint. Children 3 and up to 135 cms in height 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 vehicles where the seats do not have seat belts; but remember it is not safe for children to travel unrestrained. Cars dating from April 1982 will have seat belt anchorage points if they don't have seat belts - so fitting is easy.
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- What if there are too many people for everybody to use a seat belt?
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In a crash, unbelted passengers can injure other passengers. It is also very dangerous to carry a baby or small child in your lap - never try this, do it, even for a short distance because in a crash you will not be able to hold onto them! -
Never use one seat belt for two children or for an adult or child. In a crash, one will crush the other. -
From May 2009, all passengers in any vehicle with seat belts fitted will have to use a seat belt or child seat or booster.
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- 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.
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- 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. This can vary from car to car. 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.
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- 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. -
Modern child restraints are designed for specific weight ranges of child. They have to be marked with a label (showing an "E" and "44.03" or ".03") and the Group number, or weight range of child, for which it is designed. If you need help, most retailers of child restraints will have trained staff that can help in choosing the right one. -
Manufacturers use different names for their products so the names we have used below may not always apply and are a guide only. Manufacturers sometimes combine weight ranges in one product so that it can be used over a longer time as a child grows. It is the weight of the child that decides the restraint that must be used. -
Most seats will fit most cars but the advice is to try before you buy. Child's weight and approximate age: Group 0 and Group 0+ Up to 10 kgs or 13kgs respectively (birth to 9-12 months) A rearward-facing seat which can be used in the front or rear of the car. You MUST NOT use a rear-facing baby seat in a passenger seat fitted with an active front airbag. Group I 9-18kgs (9 months to 4 years) A forward-facing seat which can be used in the front or rear of the car.These sometimes have a choice of upright and reclined positions. DO NOT use on a passenger seat fitted with an active front airbag unless your vehicle manufacturer confirms it is safe. Check the vehicle handbook. Group II 15-25kgs (4 to 6 years) or 15 kgs and upwards (to 36 kgs) A forward-facing seat or booster which can be used in the front or rear of the car. The booster seat lifts the child and positions the adult lap and diagonal seatbelt correctly. DO NOT use on a passenger seat fitted with an active front airbag unless your vehicle manufacturer confirms it is safe. Check the vehicle handbook. Group III 22-36kgs (6 years and up) A forward-facing seat or booster which can be used in the front or rear of the car. The booster seat lifts the child and positions the adult lap and diagonal seatbelt correctly. DO NOT use on a passenger seat fitted with an active front airbag unless your vehicle manufacturer confirms it is safe. Check the vehicle handbook.
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- How do I know if my child car seat is correctly fitted?
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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. Always allow time to check your car seat is still fitted correctly every trip. -
Speak with your local Road Safety Officer (at your local council) or look out in your local press for any fitting checks in your area.
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- 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.
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- 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. A list can be found at: www.dft.gov.uk/stellent/groups/dft_mobility/documents/page/dft_mobility_503256.hcsp. Alternatively, Road Safety Officers (at local county councils) may know of specialists in their vicinity
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- Can second-hand child seats and boosters be used?
Beware of second-hand child seats. Are they the up-to-date UN ECE 44.03 or later standard? Do they have the correct fittings and instructions, and have they been in a crash already?
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- 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.
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- 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
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- What is ISOFix?
-
ISOFix anchorage points are increasingly being installed in new cars. The main advantage is that they allow a child restraint to be secured safely to the main structure of the car, helping to minimise the risk of poor or incorrect seat installation. These permanent fixtures in each seat position mean that ISOFix compatible child restraints 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 child seat manufacturers which of their products has them and which cars they fit.
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- How do I know which is the best child seat?
The best child seat is one that is right for the weight of the child and is correctly fitted as instructed by the manufacturer.
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- What are the seat belt wearing rules in mini-buses, buses and coaches?
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Seat belt wearing is already compulsory in minibuses under 2.54 tonnes unladen weight. If available, an appropriate child seat must be used in these vehicles but operators are not required to provide them. -
From 18 September, seated passengers aged 14 years and above will have to use seat belts where they are fitted in all buses and coaches. . Regulations requiring children 3 years to 13 years to use seat belts (or child restraints if they are available) will be brought forward as soon as practicable. The regulations will not include any obligation for anyone to to provide child restraints in these vehicles. There is nothing in law to prevent child restraints being used if they fit in a bus or coach. However, these vehicles may only have lap belts and most child seats need lap and diagonal belts in order to be secured. In addition, the seats in these vehicles may be the wrong proportions for child restraints.
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