Regulation 2(9)

SCHEDULE 2E+W+SINTERPRETATION OF REFERENCES TO AVAILABILITY OF SEAT BELTS

1.  For the purposes of these Regulations, in relation to a person aged 14 years or more riding in a vehicle,—E+W+S

(a)if any front seat in the vehicle (other than the driver’s seat) is provided with an adult belt, that belt shall be regarded as being available for him in the front of the vehicle unless the requirements of paragraph 3 are satisfied in relation to that person, that seat and that belt; and

(b)if any rear seat in the vehicle is provided with an adult belt, that belt shall be regarded as being available for him in the rear of the vehicle unless the requirements of paragraph 3 are satisfied in relation to that person, that seat and that belt.

2.  For the purposes of these Regulations, in relation to a child riding in a vehicle,—E+W+S

(a)if any front seat in the vehicle (other than the driver’s seat) is provided with an appropriate seat belt, that belt shall be regarded as an appropriate seat belt available for him in the front of the vehicle unless the requirements of paragraph 3 are satisfied in relation to that child, that seat and that belt; and

(b)if any rear seat in a vehicle is provided with an appropriate seat belt, that belt shall be regarded as an appropriate seat belt available for him in the rear of the vehicle unless the requirements of paragraph 3 are satisfied in relation to that child, that seat and that belt.

3.  The requirements of this paragraph are satisfied in relation to a particular person (“the person in question”) and a particular seat (“the relevant seat”) provided with a particular seat belt (“the relevant belt”) if—E+W+S

(a)another person is wearing the relevant belt;

(b)a child is occupying the relevant seat and wearing a child restraint which is an appropriate child restraint for that child;

(c)another person, being a person holding a medical certificate, is occupying the relevant seat;

(d)a disabled person (not being the person in question) is occupying the relevant seat and wearing a disabled person’s belt;

(e)by reason of his disability, it would not be practicable for the person in question to wear the relevant belt;

F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the person in question is prevented from occupying the relevant seat by the presence of a child restraint which could not readily be removed without the aid of tools; or

(h)the relevant seat is specially designed so that—

(i)its configuration can be adjusted in order to increase the space in the vehicle available for goods or personal effects, and

(ii)when it is so adjusted the seat cannot be used as such,

and the configuration is adjusted in the manner described in sub-paragraph (i) and it would not be reasonably practicable for the goods and personal effects being carried in the vehicle to be so carried were the configuration not so adjusted.

4.  Paragraph 3 shall have effect in relation to regulation 10(5) as if sub-paragraphs (a) to (d) of that paragraph were omitted.E+W+S

5.  Paragraph 3(b) and (d) shall not apply unless the presence of the other person renders it impracticable for the person in question to wear the relevant belt.E+W+S

F26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

7.  Paragraph 3(g) shall not apply if—E+W+S

(a)the person in question is a child; and

(b)the child restraint is appropriate for him.

8.  A child restraint shall be regarded as provided for a seat for the purposes of this Schedule if—E+W+S

(a)it is fixed in such a position that it can be worn by an occupier of that seat, or

(b)it is elsewhere in or on the vehicle but—

(i)it could readily be fixed in such a position without the aid of tools, and

(ii)it is not being worn by a child for whom it is appropriate and who is occupying another seat.