seat belts

[thedash]

I drive a small three seater van and carry three of us to work every day. Because the seating is quite small, one of my passengers preferes to travel in the back of the van (unseated / unrestrained).
I was stopped by the filth the other day (random check) and when they noticed the rear passenger, they told me that it was my fault / responsibility to ensure that this person should be seated and belted and now I have a fixed penalty notice (£60.00 &3 points).
Does anyone know if this is right that I should be responsible for the actions of another grown up that chose to do what he did himself, without influence from me (other than to use the seat which I provided)? Would a coach driver be responsible for the fifty odd people he carries everyday ? or a taxi driver be responsible for the same ?
Any help please anyone ???????

[hc4361]

A coach driver would be responsible for passengers in the hold, not for seated adult passengers who choose not to wear a seat belt.
You haven't been done for a seat belt offence. As you rightly say the responsibility for that would be your adult passenger, who would receive a fixed penalty notice.
You have been done for a Construction and Use offence, probably code CU50, Causing Danger By Reason Of Load Or Passengers, or CU60, Fail To Comply With Construct. And Use Regulations.
It is the driver's responsibility to ensure his passengers are sat where they should be.

[thedash]

Sorry I forgot to mention the offence code R441 carry paasengers to danger.And also that the passenger has been suffering from a very bad back, agrovated by the seat but better when lying flat in the back of the van

[hc4361]

Right, so you know you have not been done on a seatbelt offence. The driver would not be aware if an adult passenger unclipped his seat belt, and the passenger would be liable for the fixed penalty.
As a driver you are responsible for the safety of your vehicle and all passengers, within reason. It is not reasonable to carry anybody in the back of a van, with no seat or restraint. You cannot argue that you did not know he was not properly seated or restrained.
You have been given the proper endorsable fixed penalty. Your mate's bad back is neither here nor there.

[hc4361]

You could appeal, but I can't see you being successful. I'm sure you are not insured to carry people in the back either. Even in a minor collision he would be suffering from more than a bad back.

[redcrx]

maybe in future you can refuse to give the guy a lift.