IN THE NEWS SEAT BELT LAW QUERY OVER TOTS IN TAXIS
Police are seeking legal advice over the law governing toddlers and seat belts in taxis after an incident with a Bodmin firm. According to the Cor- nish Guardian, a police officer spotted a two- year-old not wearing a seat belt in the back of a cab run by Bodmin Taxis and was about to issue a fine when pro- prietor Jenna Rawlings pointed out that she believed her firm was not breaking the law. Now Miss Rawlings wants clarification on where taxi firms stand. She said there seemed to be a contradiction between the police’s position and that of gov- ernment agencies on the issue. The incident occurred when the toddler was sitting in the back of a
taxi with her mum. Cab driver Peter Bate said he was flagged down by a police officer in an unmarked car. “The police officer said I was committing an offence because the child was not wearing a seat belt. She insisted I take a breathalyser test, which was fine by me, but I told her I was not breaking the law,” he said. Miss Rawlings said: “The information and advice we
have
received says that a child under three does not have to wear a seat belt when accompanied by adults in the back of a taxi. But the police’s own traffic handbook says it is an offence, and we need this sorted out once and for all. “According to the DVLA, we are correct
that two-year-olds are exempt from wearing a seat belt in the back seat, and my drivers - who have passed the relevant NVQ course with a former Metropol- itan police officer were also told someone of that age does not have to wear a seat belt.’’ “The police officer was about to issue us with a ticket, but when I showed her the infor- mation and advice we are guided by, she said she was going back to the station for advice.” Inspector Ian Drum- mond-Smith, who is in charge of local policing in Bodmin, said purely on safety grounds, chil- dren should be wearing a seat belt in taxis. “Whatever the legal requirements may be, it is obviously dangerous for a toddler not to be
strapped in a seat belt or a baby seat,” said Mr Drummond-Smith. “The taxi company believes in this case it is exempt, we believe it is not, and we are seek- ing legal advice on the matter.’’ Mmmm… Following the issue of Statutory Instru- ment No 1892, The Motor Vehicles (Wearing of Seat Belts) Regula- tions 2006, the National Association contacted the Department
for
Transport for clarification on this issue. According to the Road User Safety Division of the DfT, “The exception in licensed taxi/private hire cars is that in cases where there is no child restraint in these vehicles:- a child under 3 years may travel unrestrained in the rear; and a child 3 years to 135cms in height
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sure that passengers under 14 years use seat belts/child seats/ boost- ers as required. There is no requirement on licensed taxi/PHV opera- tors to provide child seat/boosters.” Hope this assists – Ed.
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0800 142 2815 PAGE 22 PHTM AUGUST 2012
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