New Child Restraint Requirement in Cars
The publicity that has surrounded the new legislation on the use of seat belts and child restraints by children in the UK should mean that most families are aware of the new and strict requirements. What has not been so clear is how this will impact on the classic MG owner as it is geared towards modern vehicles that have had mandatory seat belts for over 20 years now.
Cars without front belts are simple to cover as the previous exemption for two seat cars, like the MGA and MGB that were made prior to the requirement for seat belts to be fitted (and are not fitted) to be able to legally carry children over three without a belt has gone and now ALL children under 12, or under 1.35 metres tall, MUST be restrained in an ‘appropriate’ child restraint suitable for the weight and height of the child.
Rear belt changes create an oddity that has implications for the owners of classic MGs with no rear belts and especially GT versions of the MGB, MGC or V8. Many owners have added some home fitted seat belts to the rear of these cars in an attempt to add to the safety of the children they carry. Specifically affecting these GT versions, and aside from the fact that the GT’s rear seat is now wholly inappropriate as a seat by modern standards, the law now requires that those cars with rear belts must now also use an appropriate child restraint.
The problem is that the design and construction of the GT rear seat, and the home fitted belts that are not designed or tested for use in the GT, means these appropriate child restraints can’t be fitted correctly, so they now fall foul of the legal requirements. Take the home fitted belts out and carry children over 3 years unrestrained and you’re lawful once again. Only an appropriate child restraint that is a stand alone device not needing a seat as a base to be fitted to and fixed to the car’s structure could possibly comply. Anyone finding such a device that complies with the UN standard and will fit on a BGT rear seat can assist other members by advising the Club. The GT rear seat is essentially a 1960s joke in terms of modern views on minimum seating standards and is in essence little different to carrying passengers in the rear load area of a van, something that has been unlawful for some time and which has saved many lives and injuries.
A breakdown of the new requirements is as follows…
Children under 3 years must use one of the appropriate UN certified child restraints appropriate for the child’s size and weight in the front or rear of ANY car (the only exception is in the rear of a Taxi and I haven’t seen many MG taxis lately, although there could be some MG saloons registered as Hackney Carriages).
Children aged from 3 years to 1.35metres in height (or their 12th birthday – whichever point is reached first) must use an appropriate child restraint suitable for the child’s height and weight when travelling in the front seats, but in the rear the requirement is ‘only where seat belts are fitted’. Here it remains legal to carry children in this age and height group unrestrained in the rear when no seat belts are fitted, essentially pre April 1986 registered cars. An exception exists for ‘the unexpected’ need to carry a child in the rear for a short distance and this doesn’t include the daily run to and from schools.
Children aged 12 or 13, or under 12 and over 1.35 metres tall, must wear an adult belt if one is fitted in either front or rear, which is the same requirement as applies to adults. The only difference is that the person responsible when the offending passenger is a child is the driver. Fixed penalty of £30 or a Court imposed maximum fine of £500 applies.
An appropriate child restraint is one that meets UN ECE 44.03 or newer standard and this standard has been on sale already for some years and legally is the only standard allowed. Older restraints with British Standard approval markings or older UN ECE approvals will still be legal until May 2008 when all must meet a minimum standard of UN ECE 44.03 or newer. All restraints will have a label showing the standard it meets.
An additional clause in this recent legislation covers child restraints and air bags. A new requirement is that no rearward facing child restraint may be used in a seat which is covered by an active airbag, a very sensible move, but one most responsible parent would abide by without legislation! In respect of forward facing child restraints and air bags there is no coverage, but common sense dictates that the two should not be used together without first reading the guidance of both the car manufacturer and the restraint manufacturer to confirm compatibility of the two together.
Illustration by Richard Ladds
by Roger Parker