Letter about seat belt wearing in buses and coaches
Road User Safety Division
Department for Transport
Zone 2/11
Great Minster House
76 Marsham Street
London SW1P 4DR
Direct line: 0207 944 2046, 2043 or 2037
Fax: 0207 944 9618
E-mail: andrew.burr@dft.gsi.gov.uk
Website: www.dft.gov.uk
11th August 2006
To all holders of PSV O Licence
The purpose of this letter is to bring you up to date on changes in the seat belt wearing regulations that will apply in buses and coaches from 18 September 2006.
The Department consulted in September 2004 1 about the implementation of EC Directive 2003/20/EC, which includes requirements about the wearing of seat belts in buses and coaches.
The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 - Statutory Instrument Number 2006/1892 2 will come into force on 18 September 2006.
There are a number of issues that affect bus and coach operators. The Regulations apply to all buses (including minibuses) and coaches having more than eight passenger seats - up until now the requirements for passengers to use rear seat belts where fitted has only applied in UK legislation in vehicles up to 2.54 tonnes unladen weight.
The new Regulations require seated rear passengers aged 14 years and above in a bus or coach to use a seat belt if one is installed. Earlier regulations already require drivers of any vehicle, including buses and coaches (and front passengers seated parallel to the driver) to use seat belts where fitted.
Other Regulations 3 shortly to be made deal with children in front seats. They make no major changes to the present rules in relation to buses and coaches. These now require that children under 3 years in a front seat (ie parallel to the driver) must use a baby seat/child seat. The adult belt will not do. Those 3 years and over must use an adult seat belt, or, if it is available for those under 135 cms in height, a child seat, booster seat, booster cushion as appropriate. The driver is responsible for making sure that children under 14 years of age in these seats use seat belts/child seats as required.
The Regulations also require that operators of buses and coaches where seat belts are fitted must take reasonable steps to notify passengers of the need to use seat belts by one or more of the following means-
(a) an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so;
(b) a sign prominently displayed at each passenger seat equipped with a seat belt.
An "official announcement" means an announcement by the driver of the bus, by a conductor or courier or by a person who is a group leader in relation to any group of persons who are passengers on the bus.
A sign that takes the form of a pictorial symbol must be in the form (shown at the end of this letter) depicting a white figure on a blue background. No size has been specified for signs or the pictogram, nor content for signs.
The requirement is to use at least one of the alternative notifications - for example, there would be no need to make announcements if signs have been displayed.
There is nothing in the Regulations that changes the existing rules for fitting seat belts. The seat belt wearing requirement can only apply where seat belts are already fitted.
The Regulations make it an offence if the operator fails to make the arrangements to give the appropriate notification. The penalty is a maximum fine of £2500.
The Regulations allow an exemption from seat belt wearing (where they are fitted) in vehicles used for local transport in urban and built up areas, or in which standing is allowed. The exemption for local transport applies so long as the entire route is in a "built-up" area. That is defined by reference to a "restricted road". Restricted road has a specific meaning in law which is a road with street lights no more than 200 yards apart in England and Wales or 175 metres apart in Scotland. These are roads for which the normal speed limit is 30 mph.
The Regulations also apply the exemption to a vehicle which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
The Directive requires Member States to require every seated passenger 3 years of age and over to use a seat belt (or, as appropriate, child restraint where available) where seat belts are fitted. However, the rear seat belt wearing Regulations only apply to passengers aged 14 years and above. We will have to re-consult on the issue of responsibility for children under 14 years before we can bring forward further Regulations to include them. You do not need to anticipate this further consultation because we will be meeting with bus and coach industry representatives and others before we issue a formal consultation. That will include proposals for consideration. Please note that whatever is decided about the responsibility for children under 14 years, the Regulations will not include a requirement for child restraints (ie baby seats, child seats, booster seats, booster cushions) to be supplied by an operator, driver or passenger.
Yours faithfully
Andrew Burr
(Colours: a white figure on a blue background)
1 The 2004 consultation and the Department's decision letter following consultation are available on-line at http://www.dft.gov.uk/consultations/open/consbc/
2 Available on-line at http://www.opsi.gov.uk/si/si2006/20061892.htm
3 The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats)(Amendment) Regulations 2006 will be available in due course from the Statutory Instruments section of the "www.opsi.gov.uk" website
