KNOW YOUR RIGHTS SEATBELT BUCKLE GUARDS
In February you may have read about the DVSA issuing a warning that any Public Service Vehicle operator using a seatbelt buckle guard could be prosecuted.
A buckle guard is a device that attaches itself to the fastener of the seatbelt and prevents a child from releasing it. They advised that using such a guard could be a breach of the regulations as they considered it a “deliberate and intended addition” to the seatbelt.
This was quickly followed up by another
announcement from Lancashire County Council, which stated that they had been in direct communication with the DVSA and had been advised that they would “not be enforcing this regulation for the time being and that transport can continue from Monday 20 February. This means that children and young people who require a seatbelt buckle guard can travel to school as normal”.
WHAT IS THE LAW?
It has been the law since 1991 that every person travelling in a motor vehicle must wear a seatbelt when there is one fitted. Failing to do so can see drivers receiving fixed penalty notices.
For the driver and passengers aged 12 or higher, the law is clear and simple: you must wear your seatbelt at all times whilst in the vehicle (apart from a number of listed exemptions – PHTM readers will no doubt be aware of the exemptions for taxis and PHVs, but there are also a number of other exemptions, such as for delivery drivers travelling no more than 50 metres between stops, for certain emergency vehicles, for motorbikes, for drivers with medical reasons who have a Certificate of Exemption from Compulsory Seat Belt issued by their doctor, just to name a few).
For children under the age of 12, there’s a bit more to think about. According to the Highway Code, children are required to use either a car seat or a booster seat until they reach 12 years of age or 135 centimetres tall, whichever comes first. The seat they are in must be appropriate for the height and weight of the child according to the manufacturer’s instructions.
But that is not what the DVSA was referring to. The DVSA suggested specifically that buckle guards were
74
a breach of regulation 48 of the Road Vehicles (Construction and Use) Regulations 1986.
It is not clear exactly why the DVSA initially suggested the guards were illegal, but in our view, it may relate to the ability to release the seatbelt. The 1986 Regulations set out what seatbelts need to do (ie they must be properly maintained, kept free from obstruction, have an adjusting device etc). In particular, regulation 48(4)(d)(i) states any seatbelt shall “be so maintained that the belt can be readily fastened or unfastened”.
There is no strict definition as to what “readily unfastened” means, but it could be argued that the guards prevent their ready release. However, such enforcement may well be legally complicated, as the driver could argue that the buckles do not prevent ready unfastening, and the courts may well get tied up in the specific manufacture of the product and any safety testing that was done on it.
ANIMALS
As an aside, many people don’t realise that they also need to have suitable restraints for animals when in vehicles. According to the Highway Code you must make sure any animals are suitably restrained so they cannot distract the driver or injure themselves or anyone else in the event of a sudden stop. There’s no hard and fast rule on exactly what you should use to restrain an animal when in the car, but generally a seatbelt harness, carrier or cage should be used to keep our furry friends safe.
WHAT ARE THE PENALTIES?
If you are seen by the police driving a vehicle without wearing your seatbelt (without a valid exemption) you can be given a penalty notice of £100, which must be paid within 28 days. This will also apply to any under- 12s or animals in the car who are not wearing seat belts or otherwise restrained correctly. It is not an ‘endorsable’ offence, so you would not receive any penalty points on your licence.
However, there is a different offence of “Using a Vehicle in a Dangerous Condition” under s.40A of the Road Traffic Act which does carry three points, together with a £100 fine. This offence is committed when use of the vehicle, or any accessories/equipment, is such that the use of it causes danger of injury to any person. If successfully prosecuted, buckle guards may fall under this offence.
MARCH 2023 PHTM
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84
