The definitive guide to UK child seat safety laws

The new rules on child safety seats seem to have been widely accepted even if the launch was surrounded with some initial confusion. The laws are not complex and should save a great many young lives. The Roadside Lawyer outlines a definitive overview of the latest rules...

Any child under 12 shorter than 4ft 5in (135cm) is required to travel in a child seat or booster cushion which is appropriate to their weight and height. The law allows children under 12 to stop using child seats or cushions at 4ft 5in (135cm), but the government recommends they should continue to use the seat until they reach 4ft 11in (150cm).

There is no legal requirement for children to travel in the back. Travel in the back is however recommended for children. But children are allowed to travel in the front seat of a car if they have an appropriate child seat or cushion for his/her weight, and the airbag does not present a danger (parents are advised to consult the car handbook).

If there is only room for two child seats or cushions in the back, rather than using an adult rear seat belt (which would be illegal), the Dept for Transport says it is better to use the correct child seat or booster cushion in the front as long as the airbag is suitable for use with a child passenger (parents should consult the car handbook). The front seat should be as far back as possible from the airbag.

If an unexpected situation arises whereby transporting a child is an unexpected necessity and no childseat is available it is permissable to strap him or her in with an adult seatbelt. The Department for Transport says: "If there is an ‘unexpected necessity’ there is an exemption for a child of three years or more to wear an adult belt on a short journey when no appropriate child seat is available. The exemption is not intended to cover regular school runs or other journeys that are planned in advance."

In cars which have no seat belts fitted, children aged between three and 12 are permitted to travel, but only in the rear seats. The Department for Transport warns against this saying it is unsafe.

Children under three are not permitted to travel in any car without a baby seat or child seat under any circumstances (whether seat belts are fitted or not). Babies are permitted to travel in the front of the car if they are in a rear-facing baby seat in the front of the car, but only if there is no airbag, or if the airbag has been deactivated
   
The legislation applies across the European Union and follows a UK supported a European directive on safety belts 2003/20/EC, which the EU’s member states approved unanimously.

Police can issue on the spot fines of £30, but the maximum fine is £500 if a case goes to court.

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