The Child
Seatbelt
Minefield
By Mike Hughes ©
I
magine getting this message from a Licensing advise against taxi drivers using wheelchair Ride, Wokingham, Berkshire, RG40 3GA
Offi cer (names withheld) after youʼve clamps to hold buggies in place, as they are +44 (0)1344 773131
telephoned asking for clarifi cation about the law not designed for that purpose.” Contract details: Cost to the Department:
on carrying children in buggies in purpose built
£227,029.00
or adapted vehicles OK so this seems to indicate that a childʼs
Actual start date: 04 April 2006; Expected
buggy is not considered as a child restraint
completion date: 28 February 2008
“…I can confi rm that if a child is carried in a taxi
device, even if it is strapped in with a seatbelt. I
or PHV, whilst still in a buggy or pushchair, not
looked up the link and it quite clearly shows that
only is the driver not complying with seat belt
Note that this refers to children in wheelchairs,
there is a specifi c exemption for children to be
regulations, but may also be prosecuted for
not buggies, prams or pushchairs. The main
carried ʻunrestrainedʼ in a taxi or licensed private
carrying a passenger in an unsafe manner. This
response she made to my questions was “…a
is an endorseable offence, and the last time I
hire vehicle. So what if the child is in a buggy
childʼs pushchair is not designed to restrain
prosecuted this type of offence at Magistrates
or pushchair which is not strapped in? Are they
children in a vehicle.” This is unambiguous,
Court the Magistrates took a dim view of it. I
considered ʻunrestrainedʼ and therefore comply
but what about the original question? There is
suspect that they would be even harsher if the
with the law?
no doubt that a pushchair is not designed to
defendant was someone who took money to
restrain children in a vehicle, but again, what
carry passengers safely. I next tried TRL Limited who carry out research.
Having been referred to various people I was
if the pushchair is not restrained? Does this
referred to Mrs Marianne Hynd, Head of Child
mean that the specifi c exemption applies? I
More details can be found here: http://www. Safety in Vehicles, Vehicle Engineering, TRL
tried the DfTʼʼs site at
http://www.dft.gov.uk/
rospa.com/roadsafety/advice/motorvehicles/ Limited, Wokingham who replied “The following
think_media/241045/241136/251 but this only
seatbelt_law.htm#Cars project will have information to help with your
gave details of their advice to people who want
question. There was a report published which
to carry children and babies in ʻordinaryʼ cars.
It goes without saying that such a conviction is available free of charge from the DfT (I have
would have a negative effect on a driverʼs also answered a couple of questions in your
Despite my best efforts it seems that no one
Hackney or PH licence.” email below):
can give me a defi nitive decision. Is a child in a
Project: The Safety of Children in Wheelchairs
pushchair that is not strapped in considered to
But is this information law or is it just opinion? in Vehicles
be ʻunrestrainedʼ and therefore complies with
I made some enquiries. First of all I contacted Reference: R143
the specifi c exemption or not? When I asked the
The Royal Society for the Prevention of Last update: 22/03/2007 15:12:19
Licensing Offi cer quoted in the original e-mail
Accidents (ROSPA). Their press offi cer Carl Objectives that led to my enquiries, there is confusion, as,
Christopher replied “Having spoken again This project will be used to add to the despite what appears to be a defi nitive decision
with colleagues, I can only repeat that exact knowledge pool and inform policy decisions in the e-mail, when asked about a baby in a
defi nitions of “unrestrained” is not something we on appropriate requirements for M1, M2 and pram rather than a pushchair, the answer was
would be able to comment on, as it would be a M3 vehicles with respect to the transportation “A pram is something which is usually far more
matter for the courts. of children whilst remaining seated in their
substantial than a pushchair and the baby
wheelchairs. The results will be used to advise
may well be safer in that than in the arms of
However, perhaps I can point you in the on the need and requirements of national
the parent.” This may well be true, but this is
direction of the Governmentʼs Think! Website construction regulations, and in international
still only one Licensing Offi cerʼs opinion as the
at where it says: ʻChild restraintʼ means any of discussions on the development of ISO
word ʻmayʼ (subjective) is used instead of ʻisʼ
baby seat, child seat, booster seat or booster standards, UN_ECE Regulations and EC
(defi nitive). Until or unless the law is tested in
cushion
http://www.dft.gov.uk/think/focusareas/ Directives.
court no one can be certain what is best.
invehiclesafety/seatbelts?page=Advice&whoar Description
eyou_id= It is anticipated that the proposed research
As for the original message that prompted this
programme will involve data gathering,
It may be worth clarifying and confi rming that modelling techniques and physical sled testing.
article, the original ʻdefi nitiveʼ statement stating
with the DfT, as by that defi nition a buggy would The work will cover the following aspects as a
that “… is the driver not complying with seat
not be classifi ed as child restraint. minimum:
belt regulations” may or may not be correct but
* Manual and electric wheelchairs in general
we cannot know as it has not yet been tested in
If you would like to use a ROSPA comment use.
court.
in your article though, feel free to quote * Consider aspects of transportation in M1, M2
Duncan Vernon, our road safety manager as and M3 vehicles.
So just what do you do when you are confronted
saying: “Parents who are going to use taxis * Forward and rearward facing
with a parent with a child who has just gone to
should plan the safety aspect of their journey * A range of child dummy sizes
sleep in a pushchair and you have no approved
accordingly, bearing in mind that the vehicle * Develop proposals based on amendments to
seat or restraint? Do you insist that the child is
might not have child restraints. If parents use current standards/regulations to minimise the
taken out and left ʻunrestrainedʼ in the vehicle?
a particular fi rm regularly, it would certainly risk to child wheelchair users.
It seems that whatever you decide may still be
be advisable for them to invest in a restraint * Validation of these proposals. wrong! The decision is yours.
which is appropriate for your childʼs weight and Contractor(s)
compatible with the fi rmʼs vehicles. We would TRL Limited, Crowthorne House, Nine Mile Copyright Mike Hughes 2009
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