A seat belt, sometimes called a safety belt, is a safety harness designed to secure the occupant of a vehicle against harmful movement that may result from a collision or a sudden stop. As part of an overall automobile passive safety system, seat belts are intended to reduce injuries by stopping the wearer from hitting hard interior elements of the vehicle, or other passengers (the so-called second impact), are in the correct position for the airbag to deploy and prevent the passenger from being thrown from the vehicle.
Seat belts also absorb energy by being designed to stretch during an impact, so that there is less speed differential between the passenger’s body and their vehicle interior, and also to spread the loading of impact on the passenger’s body.
Seat Belts Legal Advice
The law requires that a seat belt must be used if one is fitted. For your own and others’ safety, take time to know the law and how to correctly use a seat belt, child restraint (baby/child seat/booster) car seat or booster seat. There is an exemption from wearing a seat belt on medical grounds. Your doctor will issue a ‘Certificate of Exemption from Compulsory Seat Belt Wearing’ if they decide it is not suitable for you to wear a seat belt on medical grounds. This must be produced if the police ask you for it. You must wear a seat belt if you are pregnant unless your doctor certifies that you are exempt on medical grounds. Wearing your seat belt safely will help protect you and your unborn child.
It is common for an insurance company to try and seek to reduce a Claimant’s compensation for the sole fact that they were not wearing a seat belt at the time of the accident. Although in most circumstances a driver or passenger may be breaking the law by their failure to wear a seat belt there is no automatic reduction in their compensation. The leading case in this area is Froom v Butcher. In essence, a Claimant will only have their compensation reduced if the medical expert is of the opinion that the injury would have been avoided or the injury would not have been as severe had a seat belt been worn.
The law requires that drivers and passengers aged 14 and over in cars, vans and other commercial vehicles must wear a seat belt if available. As a driver you are responsible for ensuring that anyone under the age of 14 wears a seat belt or use an appropriate child restraint as required in the regulations. On 18 September 2006, the law concerning children using seat belts and child restraints changed. 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.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
