In this month’s Motoring blog we conclude our series of 3 blogs regarding the law relating to the wearing of seatbelts.

In the first of our seatbelt blogs we considered the current law relating to a child under the age of 3 years travelling in a taxi or a private hire vehicle and in our second blog we considered the driver’s personal responsibility to ensure the wearing of seatbelts by passengers in the vehicle.

In this final blog we look at the exemptions available for drivers of certain types of vehicle and when drivers are permitted not to wear a seatbelt. A straightforward list of these exemptions are as set out below;

Taxis – Licensed taxi and private hire drivers, when ‘plying for hire', (ie. looking for passengers ) or when actually carrying a passenger in the vehicle. (although it is recommended they should always wear a seatbelt)

Delivery Drivers – If a driver is travelling no more than 50 metres between delivery stops, then there is no need to wear a seatbelt.

Police, Fire & Rescue and Ambulance–If travelling in a police or fire and rescue vehicle being used for this purpose (and as from 2015) a person riding in a ‘motor ambulance’ while that person is providing medical attention or treatment to a patient which due the medical situation of the patient cannot be delayed.

And exemptions when a driver is undertaking the following;

Reversing – A driver who is reversing or supervising a learner driver who is in the act of reversing the vehicle.

Investigating a vehicle fault – Only when driving a vehicle displaying trade plates. (Also applies to any passenger investigating the fault.)

A Medical Reason exemption applies to drivers holding a ‘Certificate of Exemption from Compulsory Seat Belt Wearing’ which has been issued by a medical practitioner. (the medical practitioner needs to decide whether, in each case, an exemption is justified, and whether to issue a certificate for the ‘relevant period‘ of time. Before issuing an exemption certificate, the medical practitioner should be mindful of all current evidence which shows that seatbelt wearing reduces the risk of injury and death in road traffic collisions)

Any such certificate must be in the vehicle at the time of driving and the vehicle’s insurance company must have been notified of its use.

Contrary to some mistaken ‘word of mouth’ advice…A medical certificate exemption must be obtained by pregnant women and disabled drivers or disabled passengers.

And finally, two last questions…

Do you have to wear a seat belt in a classic car?

As we discussed in an earlier blog if the vehicle has seatbelts fitted, then you must wear them. If the vehicle was manufactured before 1965 without seatbelts, you do not need to fit seatbelts and you are allowed to drive the car without them. But you cannot travel with any child under the age of 3 years, whilst any children over the age of three can only travel in the back seat.

Do animals need to wear seat belts?

Having loose animals in the car can be a distraction. Rule 57 of the Highway Code states that dogs and other animals must be ‘suitably restrained’ and suggests the use of either a seat belt harness, or a pet carrier, (dog cage or dog guard).

What is the punishment for not wearing a seat belt?

A driver can be fined up to £500 if not wearing a seatbelt when driving and if the driver has failed to ensure that a passenger child under the age of 14 years is correctly seated and properly restrained. (Currently wearing a seat belt is not an endorsable offence… so you won't get any penalty points on your driving licence. ( however there are proposals to consider making this offence endorsable)

For free initial advice upon any road traffic matter ….contact our motoring department on 01606 592159.