Child car seats

Everyone who has driven with a young child in their car is familiar with the need to have the correct car seat for them. There are rules and regulations to cover children of all ages, designed to make sure that the children are as safe as possible.

Generally speaking, the laws governing children travelling in cars breaks down into very distinct age groups and up until a child is 14, the responsibility lies with the driver to make sure that the law is being followed, even if the child is not your own.

So if you are going to be driving with a child in your car, just what do you need to know?

The rules

The law can be easily summarised. All children travelling in cars must use the correct child restraint until they are 12 years old, or they reach 135cm in height (whichever comes first). After this they must use an adult seat belt (with a few exceptions which we will look at). The driver is responsible for ensuring that all children under 14 are restrained in accordance with the law. After this, the child becomes legally responsible for compliance.

The ‘correct child restraint’ has to conform to UN standards, be suitable for the child’s weight and size and be correctly fitted according to the manufacturer’s instructions. Restraints are broken down into three categories: rear-facing baby seats (roughly applies to babies up to 15 months), forward-facing child seats (up to three years) and booster seats and booster cushions (up to 12 years). More information is available from the Child Car Seats website.

Children up to three years old

In the front or rear seat, the child MUST use the correct child restraint. It is illegal (due to it being highly dangerous) to place a child in a rear-facing child seat in a front seat protected by an active frontal airbag.

In a licensed taxi or licensed hire car, if a child restraint is not available, then the child may travel unrestrained in the rear only. This is the only exception for children under three. However, you may well want to try and ensure that a child seat is available when you book.

Children aged three and above (up to age 12 or 135cm in height)

In the front seat, the child must use the correct restraint. In the rear, they must use the correct restraint, where seat belts are fitted. There are exceptions where there is not a child seat available. In each case the child MUST use the adult belt instead. They are:

• In a licensed taxi or private hire vehicle
• If the child is travelling a short distance owing to an emergency
• If there are two occupied child restraints in the rear which prevent the fitment of a third

In addition, a child aged three and over may travel unrestrained in the rear seat of a vehicle if seat belts are not available.

Children aged 12 or who are over 135cm in height

Whether they are travelling in the front or rear, the adult seat belt must be worn if available. The only difference, as mentioned previously is that once the child reaches 14, the responsibility passes from the driver directly to them.

If you are driving with children in another vehicle such as a van, bus, coach or minibus, similar rules apply and you should check them before you travel by visiting the Child Car Seat website

Paying the price

Failing to adhere to the laws as outlined above can result in a fine of up £500. What’s more, it could affect claims against your motor insurance cover. You also leave yourself open to civil proceedings.

And it goes without saying that the penalty for failing to make sure a child is securely strapped in when travelling in your car could be much worse than a mere £500. For further information on how to protect your child whilst driving visit The Royal Society for the Prevention of Accidents (RoSPA) website.