Seat belts

[DerekBrad]

Hello All,
I know that all pasengers in a car should wear seatbelts where fitted, and indeed I never drive off until passengers are belted up. The question is, is the driver responsible in law to ensure that belts are worn by passengers?

 

[Gafferbill]

Yes

 

[RogerL]

Yes

No!
The driver can only be prosecuted if he/she isn't belted or a child under 14 isn't belted.
The driver has no liability for children 14 or over, nor for adult passengers.

 

[SteveW77]

Sorry, but the driver is responsible for all who travel in the vehicle, if a passenger refuses to comply with the law, the driver must refuse to transport them.

Steve W

 

[RogerL]

Sorry, but the driver is responsible for all who travel in the vehicle, if a passenger refuses to comply with the law, the driver must refuse to transport them.

Steve W

Check out the DVLA website http://www.direct.gov.uk/en/TravelAndTransport/Roadsafetyadvice/DG_4022064
Quote "Anyone travelling in the vehicle aged 14 years and above is responsible for wearing their seat belt."

 

[SteveW77]

I stand corrected, this was a common problem when I drove a taxi for a living, the police were always threatening to prosecute drivers for carrying customers without belts on. The customers always complained why should they wear a belt while I did not have to.

Steve W

 

[GeorgeandAde]

Ive just looked on the "ROSPA" website and it states........

"IT IS THE RESPONSIBILITY OF THE ADULT PASSENGER (NOT THE DRIVER)TO ENSURE THAT THEY ARE USING THE SEATBELT"

 

[Gafferbill]

Sorry……..I was wrong it appears

....... but if I am the driver the vehicle does not move unless all seat belts are worn!

 

[RogerL]

Sorry……..I was wrong it appears

....... but if I am the driver the vehicle does not move unless all seat belts are worn!

I too make a point of not moving off, refusing if necessary, until all the passengers are belted - as I did before rear belts were even compulsory in cars as I don't want rear passengers acting as missiles in the event of an accident - it's the driver and front passenger that would loose their heads !!

 

[Surfer]

But if you are stopped by a police officer because a passenger is not wearing a seat belt, it is the driver that will be prosecuted although it may be the passenger's responsibility to buckle up. Two different things.
I will not move off until the passenger is buckled up.

 

[RogerL]

But if you are stopped by a police officer because a passenger is not wearing a seat belt, it is the driver that will be prosecuted although it may be the passenger's responsibility to buckle up. Two different things.
I will not move off until the passenger is buckled up.

What are the statistics? Just how many drivers have EVER been prosecuted or issued Fixed Penalty Notices (FPN) because someone else in their car over 14 was unbelted, within the United Kingdom.
Please publish the references in law that specify the exact offence.

 

[Surfer]

But if you are stopped by a police officer because a passenger is not wearing a seat belt, it is the driver that will be prosecuted although it may be the passenger's responsibility to buckle up. Two different things.
I will not move off until the passenger is buckled up.

What are the statistics? Just how many drivers have EVER been prosecuted or issued Fixed Penalty Notices (FPN) because someone else in their car over 14 was unbelted, within the United Kingdom.
Please publish the references in law that specify the exact offence.

What has statistics got to do with it? The law states that is the driver's responsibility to ensure that all children are buckled up, but the responsibility of the passenger if the passenger is an adult to ensure that they are buckled up so I concede to that part. However the policeman may not know every aspect of the law and issue the ticket to the driver. We all know what generally happens if you start objecting and giving the policeman a hard time.
I am not taking a chance myself and will not move off until all passengers are buckled up. I was not driving, but was in the car which was involved in a head on collison, not our fault, and the front passenger had refused to put on the seat belt. To this day her face is still scarred! Besides if the passenger ducks paying, the police may harrass you for their details even if they cannot prosecute you. Not worth the hassle.
BTW here is the regulation concerning adults and you can see it is not very clear on first reading which is why a police officer may issue the driver with a ticket http://www.legislation.gov.uk/ukpga/1988/52/section/14 Clause (3) clarifies it.

 

[RogerL]

If a police officer issues a Fixed Penalty Notice (FPN) you can choose not to pay it and go to court instead - court officials will know what is, or isn't, enacted in law. Unlike countries that have on-the-spot fines, the UK has a legal safety net against police officers do don't know every single law enacted.
I won't drive off until all passengers are belted - but that's a safety issue, not concern about being prosecuted for others' misdemeanors.

 

[Gabsgrandad]

http://www.motorlawyers.co.uk/offences/seat_belts.htm

Perhaps this page satisfies responsibility argument?

 

[DerekBrad]

Thanks to all of you who took the trouble to adde opinions. Have now found out for certain that the driver is NOT liable in law for passengers not belting up.
Regards
Derek

 

[mistralse]

Empty post (likely not intentional - probably an Internet Explorer issue!)

 

[mistralse]

Not responsible in law maybe but it is you who may have to live with the consequences.

 

[DerekBrad]

Denis, Your reply reads as though I am in favour of passengers not belting up. Please read my original post. My question has now been fully answered and I can't see the point of further discussion!!

Kind Regards

Derek

 

[otherclive]

My car sends me nice little messages to the info screen saying which belts are in use, or not by having seat sensors. So if I place a heavyish article on a seat and don't cancel the message it kicks up a real din that you cannot ignore. Even manoevring to pitch up the van the driver has to have the belt done up, or wear ear defenders!!

 

[mistralse]

Point taken

 

[philspot1]

Sorry……..I was wrong it appears

....... but if I am the driver the vehicle does not move unless all seat belts are worn!

I too make a point of not moving off, refusing if necessary, until all the passengers are belted - as I did before rear belts were even compulsory in cars as I don't want rear passengers acting as missiles in the event of an accident - it's the driver and front passenger that would loose their heads !!

I remember taking the College rugby team to an away match in the 21-seat minibus (quite legal at that time). I looked back from the driving seat at 6 rows of 16-stone 17 year-olds and thought "wouldn't it be nasty if I ran into something head on?" I persuaded them to put their belts on, row by row, as none of them wanted the bloke behind HIM to come crashing forward, and the rear row could see the sense in the whole idea, too.

 

[RayS]

Perhaps not the correct forum, but don't try to argue this point in Spain. I have a 105 euro on the spot fine when SWMBO forgot to belt up on a 500m (metre not miles) trip from a supermarket. No pocket money for her that week.

 

[hgv dave]

hi all
what is the law reguarding campervans? i assume that the driver and front seat passenger have to wear seat belts but what about other passengers,are seat belts fitted?

 

[ProfJohnL]

Hello Dave,
The law does not accept campervans as being any different to other private and light goods vehicles, Thus since the regulation that requirs all passenger seats to have seatbelts all campervans built since that date have to provide seatbelts for all passengers. However they only have to be lap belts to comply.

In another twist Its also worth noting that even though a campervan may be parked and set up for accommodation, in some parking locations the driver or the person in charge can be tested for being under the influence of alcohol whilst in charge of a motor vehicle.

 

[NickinFrance]

Another issue with campervans is that because most of the chassis/cabs they are built on being commercial vehicles, they have only been type approved for 2 occupants, so even if you have a 4/6/8 berth campervan, you can only move with a driver & one passenger.