Seatbelt laws

[nickymanley]

I give a lift to a collleague and her 3 year old child every day, she sits in the front and he sits in the back on his booster seat. The problem is that sometimes he climbs out. Obviously this isn't a situation I am comfortable with as it just takes one idiot to crash into the back of me or for me to be distracted but I was wondering how the law looks at it? Is this my responsibilty if we get stopped and what would my punishment be?

[Loosehead]

You are responsible for both passengers. It is however your colleagues responsibility for her seat belt, you are responsible for the childs seat belt. Overall it'll be you that is responsible in any accident/transgression situation that you may find yourself in.

[rojash]

Nickymanley, I was interested to note that if you cause an accident it will be because you were distracted, whereas if the guy behind causes one it will be because he's an idiot. This is not a dig at you, it seems to be the way everybody thinks. I just wonder if we all got a bit of re-education on this point, maybe we'd all be better drivers.

[nickymanley]

I appreciate your comment Rojash and hear what your saying - I do see myself as a good driver but I am aware that accidents happen and not all drivers that cause accidents are idiots! In fact, I would be the idiot if the child was hurt because I hadn't insisted that his Mum make him keep his seat belt on. Let me re-phrase: it just takes one person to crash into the back of me or for me to be an idiot .....! I haven't missed your point though - a general re-education would be a start.

[kempie]

One correction to the previous answers; passengers over the age of 14 are responsible for the wearing of their seatbelt, not the driver.

http://www.lawontheweb.co.uk/seatbelts.htm

[rja211077]

fairly obviously you should express your concerns to your colleague and ask her to make sure her son stays in his seat. by climbing out he puts everyone at risk.

[Dom Tuk]

A child who is not restrained has been killed in an accident which took place at 5 mph. So you dont need major accidents for a child to be killed. As regrds what your punishment would be for not ensuring that the child was under restraint....i am not sure but you will carry the guilt for life if something fatal were to happen. besides you may be the one looking for lifts to work on a daily basis.

[Octavius]

The Law:

* Everybody must wear a seatbelt if one is fitted.
* The driver is responsible for making sure children under 14 are safely restrained.
* You MUST NOT carry an unrestrained child in the front of the car.
* Children under 3 years, travelling in the front, MUST wear an appropriate child restraint. You MUST NOT use the adult seatbelt.
* If you get involved in a crash not wearing a seatbelt, you could be disqualified from an insurance award.

The driver takes responsibity for everyone in their car except passengers over the age of 14 who take their own responsibility.  An insurance company may not make a pay out for 3rd Party Injury if you have not made sure your 3 year old passenger is adequately restrained.  Any cost claims (I know it isn't really about money) therefore would be down to you.  

[Tim Baxter]

Additionally, if you are rear-ended then it is the following vehicle's fault with no exceptions.  The law and highway code are clear on this, they should have sufficient gap between themselves and yourself so if you have to stop in an emergency they should have left sufficient room to stop safely too.

It is utterly irresponsible of your passenger to allow the child to unbelt itself.  She has a duty of care (being the parent) to make the child behave so it does not hinder your driving, let alone the child's own safety.  Make your passenger sit in the back and control the child.  Or, explain that "your insurance Co will not cover passengers if they are not belted up and might even jeopardise the car's cover"  This is certainly the case with loose cats and dogs!