Seat belt rules are among the first things a learner is expected to know, and they affect anyone who supervises a learner, drives with family or offers lifts. This article summarises the GOV.UK guide “Seat belts: the law” (including its page on when a seat belt is not needed) and rules 99 to 102 of the Highway Code. The Highway Code applies to England, Scotland and Wales, so this article is written for those nations; Northern Ireland has its own guidance and is not covered here. This is general information, not legal advice.
The basic rule and the fine
GOV.UK says a person must wear a seat belt if one is fitted in the seat being used, with only a few exceptions, and that only one person is allowed in each seat fitted with a seat belt. It says a person can be fined up to £500 for not wearing a seat belt when required. Rule 99 of the Highway Code puts the duty in similar terms: seat belts MUST be worn in cars, vans and other goods vehicles if fitted, and adults and children aged 14 and over MUST use a seat belt or child restraint, where fitted, in minibuses, buses and coaches. The legal references given in the Code are sections 14 and 15 of the Road Traffic Act 1988 and the seat belt regulations made under it.
Who is responsible for whom
The table under rule 99 sets out who is legally responsible. For the driver, a seat belt MUST be worn if fitted. For adult passengers aged 14 and over, the passenger is responsible. For children, responsibility falls on the driver. Rule 100 says the driver MUST ensure that all children under 14 wear seat belts or sit in an approved child restraint where required. If a child is under 1.35 metres (about 4ft 5in) tall, a baby seat, child seat, booster seat or booster cushion MUST be used, suitable for the child’s weight and fitted to the manufacturer’s instructions.
GOV.UK expresses the same thing for children: they must be in the correct car seat for their height or weight until they reach 135 centimetres tall or their 12th birthday, whichever comes first, and must wear a seat belt if they are 12 or 13, or younger and over 135cm. It says a driver can be fined up to £500 if a child under 14 is not in the correct car seat or wearing a seat belt.
The practical consequence for a supervising friend or parent is that the person in the driver’s seat, even when they are a learner, carries the duty for passengers under 14. The site’s guide on who can supervise a learner driver covers the other rules for that arrangement.
The exemption for reversing
GOV.UK’s page on when a seat belt is not needed lists a driver who is reversing, or supervising a learner driver who is reversing, as one of the exceptions. This is a narrow exemption tied to the manoeuvre itself; it does not mean a seat belt can be left off for the rest of a lesson. Other exceptions listed on the page are:
- vehicles being used for police, fire and rescue services;
- a passenger in a trade vehicle who is investigating a fault;
- a driver of a goods vehicle on deliveries travelling no more than 50 metres between stops;
- a licensed taxi driver who is looking for customers by being hailed or waiting at a rank;
- a licensed taxi driver or private hire vehicle driver who is carrying passengers.
GOV.UK says private hire vehicles include minicabs, chauffeur services and limousines.
Medical exemptions
GOV.UK says a doctor may say a person does not have to wear a seat belt for a medical reason, and will provide a “Certificate of Exemption from Compulsory Seat Belt Wearing”. The holder must keep the certificate in the vehicle, show it to the police if stopped, and tell the car insurer. The same page says that people who are pregnant, and disabled drivers and passengers, must wear a seat belt unless they do not have to for medical reasons. Whether a person qualifies is for a doctor, not the driver or an instructor, to decide.
Children in the car: rule 102
Rule 102 adds practical points for drivers carrying children in cars, vans and other goods vehicles. It says children should get into the vehicle through the door nearest the kerb, child restraints should be properly fitted to the manufacturer’s instructions, children should not sit behind the rear seats in an estate car or hatchback unless a special child seat has been fitted, child safety door locks should be used where fitted, and children should be kept under control. Rule 101 adds that a rear-facing baby seat MUST NOT be fitted into a seat protected by an active frontal airbag, because in a crash it can cause serious injury or death to the child.
Common questions
Do I have to wear a seat belt on a lesson?
Yes, apart from the reversing exemption GOV.UK lists for a driver, or a supervisor, while a learner is reversing.
Who is fined if a child is not restrained?
GOV.UK says the driver can be fined up to £500 if a child under 14 is not in the correct car seat or wearing a seat belt.
Can two people share one seat belt?
No. GOV.UK says only one person is allowed in each seat fitted with a seat belt.
The bottom line
Under the Highway Code (England, Scotland and Wales) and GOV.UK’s guide, the seat belt rule is simple for the driver: wear it if fitted, make sure every child under 14 is properly restrained, and expect a fine of up to £500 if not. The exceptions are narrow, and medical exemption depends on a doctor’s certificate.
Sources
- GOV.UK, “Seat belts: the law”
- GOV.UK, “Seat belts: the law: When you do not need to wear a seat belt”
- GOV.UK, “The Highway Code: Rules for drivers and motorcyclists (89 to 102)”