Factsheet 7 – February 2009

Exceptions to the law

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A child doesn't have to be in an approved child restraint if they're travelling in a:

• vintage vehicle (first registered before 1955) that isn't fitted with safety belts
• goods service vehicle (eg a truck, van or utility) with an unladen weight over 2,000 kg that isn't fitted with safety belts
• passenger service vehicle (eg taxi, shuttle, bus) that isn't fitted with safety belts.

However, where a safety belt is available in any of these vehicles, the child must be restrained, and where an approved child restraint is available, it must be used (where appropriate for the child's age and weight).

Taxi companies will probably provide child restraints if you give them reasonable notice.

Note that the driver of a passenger service vehicle, such as a bus or taxi, is not legally responsible for ensuring seat belts are used (if fitted). It's up to the person in charge of the child to make sure they are used.

A child aged 5 or over, but under 15, may be carried in the front seat of a vehicle without suitable child restraints or an appropriate seatbelts if there is no back seat, or the back seat is already full of other children under 15 years old. The child must still be restrained using the available seatbelt.