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Motorhome Facts :: View topic - FAQ Seatbelts and the law

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 FAQ Seatbelts and the law
609189 Post Posted: Sun Apr 12, 2009 2:53 pm Thank this member for this postReply with quote Back To Top

wakk44 Linked Subscriber 21/09/2012 


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This is a subject that crops up regularly on MHF and there seems to be some confusion about the legalities of carrying passengers in the rear of older motorhomes in particular,so I will try to clear it up to the best of my knowledge.

This is not intended to give advice on the morality of carrying unrestrained passengers,just to clarify the legal position.

For vehicles built up to October 2007 there was no legal requirement to have seat belts fitted to any seats in the accommodation area in motor caravans.
Some manufacturers did fit rear seatbelts or they may have been fitted retrospectively.If seatbelts have been fitted they must be worn.

Although current seat belt wearing regulations do not currently prohibit carrying more passengers in vehicles than there are seat belts available, the police may prosecute drivers for carrying passengers in a manner that may injure someone.

Seats in the rear of a campervan/motorhome did not, prior to October 2007,require seatbelts and it is not illegal to carry unrestrained passengers in them while travelling.

An EU Directive on the installation of seat belts required that from 20 October 2007 new vehicles have to have seat belts fitted on all seats except those seats intended solely for use when the vehicle is stationary.

Where seat belts are fitted, from May 2009 the directive will prevent more passengers being carried than there are seat belts in the rear of vehicles. This will mean that from May 2009, in any vehicle of whatever age, where seat belts are fitted in the rear, more passengers may not be carried in the rear than there are seat belts available.

The critical point for owners of older motorhomes(pre Oct 2007) is that it will not become illegal to carry passengers in the rear, provided that no seatbelts are fitted to any seats behind the driver and front passenger seats.Be aware that the police could prosecute if the vehicle is overloaded and exceeds the MGVW.

Owners of any motorhome that has belts fitted to any seat in the rear will need to be aware that, from May 2009, it will be illegal to carry passengers in any unbelted seats.

Child car seats
What the law says
The law says that all children up to 135cm tall (around 4'5"), or the age of 12, whichever comes first, in the front or rear seats in cars, vans and other goods vehicles must travel in the correct child restraint for their weight with very few exceptions.

Visitors to the UK from abroad must also use the correct child restraint for their children - there are no exceptions for them. Family and friends expecting visitors should make sure that their visitors understand the rules. They may need to help them make arrangements so that children use the correct child restraint at all times. Car rental companies can supply child restraints for their customers if booked in advance.

Exceptions to the rules
In limited circumstances, children can travel without the correct child restraint.

1) In a licensed taxi or licensed private hire vehicle. If the correct child restraint is not available then, in the rear seat only, children under 3 may travel unrestrained. Children aged 3 years and over must use an adult seat belt.

2) In cases of unexpected necessity over a short distance. If the correct child restraint is not available then, in the rear seat only, a child of 3 years or more must use an adult belt. This exemption does not apply to children under 3 years and does not cover regular school runs or other journeys that are planned in advance.

3) Where two occupied child restraints in the rear seat prevent you fitting a third. In this case, provided the front seat is occupied, a third child aged 3 years and over can use an adult seat belt (lap OR lap and diagonal) in the rear. If the front seat is free, then they must seat there using the correct child restraint.

4) In older vehicles with no rear seat belts. In this case, children 3 years and over may travel unrestrained.

If I have missed anything important out please let me know,then I can edit it for the final version.

______________________________________________________________
cheers Steve Signhi wave
 
609192 Post Posted: Sun Apr 12, 2009 3:02 pm Thank this member for this postReply with quote Back To Top

DTPCHEMICALS Subscriber 31/07/2012 


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Thanks for the effort Steve,.No doubt questions will be asked

Dave P

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609193 Post Posted: Sun Apr 12, 2009 3:06 pm Thank this member for this postReply with quote Back To Top

Zebedee Subscriber 13/09/2012 


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DTPCHEMICALS wrote:
Thanks for the effort Steve,.No doubt questions will be asked

Dave P

Thanks from me too Steve. Very Happy Very Happy

The responsibility has to remain with the individual member, but at least this will clarify the legal situation - as you say.

Dave Very Happy
 
609198 Post Posted: Sun Apr 12, 2009 3:21 pm Thank this member for this postReply with quote Back To Top

Penquin Linked Subscriber 10/01/2013 


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A good article, well done Steve
 Re: FAQ Seatbelts and the law
609228 Post Posted: Sun Apr 12, 2009 5:56 pm Thank this member for this postReply with quote Back To Top

ianhibs  


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wakk44 wrote:

The critical point for owners of older motorhomes(pre Oct 2007) is that it will not become illegal to carry passengers in the rear, provided that no seatbelts are fitted to any seats behind the driver and front passenger seats.Be aware that the police could prosecute if the vehicle is overloaded and exceeds the MGVW.


Confused - should the word "no" be in there? Otherwise, I take it to mean someone can travel legally in the seat behind my bar table only if it has no belt.

Ian
 Re: FAQ Seatbelts and the law
609249 Post Posted: Sun Apr 12, 2009 6:55 pm Thank this member for this postReply with quote Back To Top

wakk44 Linked Subscriber 21/09/2012 


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ianhibs wrote:
wakk44 wrote:

The critical point for owners of older motorhomes(pre Oct 2007) is that it will not become illegal to carry passengers in the rear, provided that no seatbelts are fitted to any seats behind the driver and front passenger seats.


Confused - should the word "no" be in there? Otherwise, I take it to mean someone can travel legally in the seat behind my bar table only if it has no belt.

Ian


Hi Ian,

My interpretation is that you can legally carry a passenger in that seat if there is no seatbelt fitted,assuming your m/home is pre Oct 2007.If there is a seatbelt fitted then it must be worn.

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 Re: FAQ Seatbelts and the law
615591 Post Posted: Thu Apr 23, 2009 8:49 pm Thank this member for this postReply with quote Back To Top

twinky  


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wakk44 wrote:
ianhibs wrote:
wakk44 wrote:

The critical point for owners of older motorhomes(pre Oct 2007) is that it will not become illegal to carry passengers in the rear, provided that no seatbelts are fitted to any seats behind the driver and front passenger seats.


Confused - should the word "no" be in there? Otherwise, I take it to mean someone can travel legally in the seat behind my bar table only if it has no belt.

Ian


Hi Ian,

My interpretation is that you can legally carry a passenger in that seat if there is no seatbelt fitted,assuming your m/home is pre Oct 2007.If there is a seatbelt fitted then it must be worn.


Steve

So after May 2009 you are saying that the law says if there are ANY seatbelts in the rear of a pre 2007 motorhome there can be NO passengers in the rear that are travelling unbelted?
But if there are NO seatbelts in the rear its not illegal to carry passengers unbelted?

To the morality police - please note I have a reason for asking this question so no lectures about the whys and wotnots.
 Seatbelts
615605 Post Posted: Thu Apr 23, 2009 9:11 pm Thank this member for this postReply with quote Back To Top

teemyob Linked Subscriber 26/07/2012 


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Seems to me people may end up removig seatbelts, does not make any sense to me. How many people travel unrestained on a Bus for example.

Trev
 Re: Seatbelts
615620 Post Posted: Thu Apr 23, 2009 9:27 pm Thank this member for this postReply with quote Back To Top

Briarose Subscriber 28/10/2012 


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teemyob wrote:
Seems to me people may end up removig seatbelts, does not make any sense to me. How many people travel unrestained on a Bus for example.

Trev
I don't know if this topic is the right place to discuss buses etc but only today I thought about that when I saw a man on a local single decker right at the front of the bus stood up and chatting to the driver of the bus.

Also on busy days here in the summer season the buses are crammed with standing passengers and luggage..........as I say maybe that is another topic.

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615652 Post Posted: Thu Apr 23, 2009 10:00 pm Thank this member for this postReply with quote Back To Top

saracen  


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I would like know where you sourced your information, because it slightly conflicts with what I have learnt.

Old Law as and up to vehicles manufactured to 10/07.... Forward facing passengers must wear a seatbelt. (thats it) No other reference is mentioned. Therefore, it is a very messy grey area, completely open to abuse. ie No reference made to side facing passengers or rear facing passengers. It is open to any barrister to contest in a court of law, either for or against.

New law, specifically for new vehicles manufactured after 10/07 but comes into effect next month. All manufacturers must specify how many passengers the vehicle may carry and provide seatbelts for them (I suspect these have to be homolagated and tested with whole vehicle type approval and cannot not be retro fitted by some nice mechanic, dealer or technician as an after market item) Therefore, whatever is fitted as new is all that is permitted to be carried. No more additions or modifications or variation.
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