STATUTORY INSTRUMENTS

S.I. No. 240 of 2006

EUROPEAN COMMUNITIES (COMPULSORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEMS IN MOTOR VEHICLES) REGULATIONS 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 91/671/EEC of 16 December 1991¹ and Directive 2003/20/EC of the European Parliament and of the Council of 8 April 2003² , hereby make the following regulations:

Part 1

General

1.         These Regulations may be cited as the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006.

2.         (1)       In these Regulations -

-�Act-� means the Road Traffic Act 1961 (No. 24 of 1961);

-�adult-� means a person who is not a child;

-�air bag-� means a device installed to supplement safety belts and restraint systems and which, in the event of a severe impact affecting the vehicle, automatically deploys a flexible structure to limit the gravity of the contacts of the body of the vehicle's occupants with the interior of the passenger compartment;

-�appropriate child restraint system-� means an approved child restraint system which is appropriate to the user by virtue of the weight range indicated on the child restraint;

-�approved child restraint system-� means a child restraint system complying with Regulation 3;

-�belt anchorages-� means the part of the vehicle structure or seat structure or any other part of the vehicle to which the safety belts are to be secured;

-�category M₁-� means a passenger vehicle with seats for not more than 8 persons not including the driver;

-�category M₂-� means a passenger vehicle with seats for more than 8 persons not including the driver and having a design gross vehicle weight not exceeding 5,000 kilograms;

-�category M₃-� means a passenger vehicle with seats for more than 8 persons not including the driver and having a design gross vehicle weight exceeding 5,000 kilograms;

-�category N₁-� means a goods vehicle having a design gross vehicle weight not exceeding 3,500 kilograms;

-�category N₂-� means a goods vehicle having a design gross vehicle weight exceeding 3,500 kilograms but not exceeding 10,000 kilograms;

-�category N₃-� means a goods vehicle having a design gross vehicle weight exceeding 10,000 kilograms;

-�child-� means a person who is under 150 centimetres in height and weighs less than 36 kilograms;

-�child restraint system-� means a device designed for use by a child of not more than 36 kilograms in weight comprising either -

(a)     a combination of straps or flexible components with a securing buckle, adjusting device, attachments and in some cases either or both a supplementary chair and impact shield, capable of being anchored by means of its own integral strap or straps, or

(b)     a partial restraint which, when used in conjunction with a safety belt which passes around the body of the child or restrains the device in which the child is placed, forms a complete child-restraint system,

and so designed as to diminish the risk of injury to the wearer, in the event of a collision or of abrupt deceleration of the vehicle, by limiting the mobility of the wearer's body;

-�design gross vehicle weight-� means the gross weight of a vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and the general construction of the vehicle and shall, until the contrary is shown, be taken to be the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

-�disabled person's belt-� means a safety belt which has been specifically designed or adapted for use by a person with a physical handicap or disability and which is intended for use solely by such a person;

-�large public service vehicle-� means a public service vehicle having seating accommodation for more than 8 persons not including the driver;

-�mechanically propelled vehicle-� has the meaning assigned to it in section 3 of the Act;

-�public service vehicle-� means a mechanically propelled vehicle for the carriage of persons for reward;

-�rearward-facing-� means facing in the direction opposite to the normal direction of travel of the vehicle;

-�relevant vehicle-� means a vehicle of category M₁, N₁, N₂ or N₃;

-�restraint system-� means a system combining a seat, fixed to the structure of the vehicle by appropriate means, and a safety belt for which at least one anchorage is located on the seat structure;

-�safety belt-� means an assembly of straps with a securing buckle, adjusting devices and attachments which is capable of being anchored to a vehicle and is designed to diminish the risk of injury to its wearer, in the event of collision or of abrupt vehicle deceleration, by limiting the mobility of the wearer's body;

-�small public service vehicle-� means a public service vehicle which is not a large public service vehicle;

-�Standard's Directive-� means Council Directive 77/541/EEC of 28 June 1977³ , as amended by Council Directive 81/576/EEC of 20 July 1981⁴ , Council Directive 82/319/EEC of 2 April 1982⁵ , Council Directive 87/354/EEC of 25 June 1987⁶ , Commission Directive 90/628/EEC of 30 October 1990⁷ , Commission Directive 96/36/EC of 17 June 1996⁸ , Commission Directive 2000/3/EC of 22 February 2000⁹ and Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005¹⁰ ;

-�vehicle-� means a mechanically propelled vehicle having at least four wheels and a maximum design speed exceeding 25 kilometres per hour.

(2)       A word or expression which is used in these Regulations and which is also used in a Directive referred to in these Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

3.         A child restraint system the use of which is required by these Regulations shall -

(a)        until 30 April 2008 comply with the requirements for such restraints set down in -

(i)       Article 3 (2) of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1991 ( S.I. No. 359 of 1991 ),

(ii)      the Standard's Directive, or

(iii)     Regulation 44/03 of the United Nations Economic Commission for Europe,

and

(b)        from 1 May 2008 comply with the requirements for such restraints set down in -

(i)       the Standard's Directive, or

(ii)      Regulation 44/03 of the United Nations Economic Commission for Europe.

4.         These Regulations apply to the use in a public place of vehicles of categories M₁, M₂, M₃, N₁, N₂ and N₃.

Part 2

Wearing of Safety Belts and Child Restraint Systems in Vehicles of Categories M₁, N₁, N₂ and N₃

5.         (1)        Subject to Regulation 11, every adult occupant of a seat in a relevant vehicle for which a safety belt is provided shall wear the safety belt.

(2)        The driver of the vehicle shall ensure that persons under 17 years of age comply with this Regulation.

(3)        A person (other than a person under 17 years of age) who fails to comply with this Regulation commits an offence.

6.         (1)        Subject to paragraph (2), a person shall not drive a relevant vehicle with a child under 3 years of age on board unless the child is restrained by an appropriate child restraint system.

(2)        A child under 3 years of age may be carried in a small public service vehicle, on a seat other than a front seat, if no appropriate child restraint system is available.

(3)        A person who fails to comply with this Regulation commits an offence.

7.         (1)        Subject to this Regulation, a person shall not drive a relevant vehicle with a child of 3 years of age or more on board unless the child is restrained by an appropriate child restraint system.

(2)        A child of 3 years of age or more may be carried on a seat (other than a front seat) of a relevant vehicle which is not equipped with belt anchorages.

(3)        A child of 3 years of age or more may be carried in a small public service vehicle on a seat (other than a front seat) if no appropriate child restraint system is available and, in the case of a child of 135 centimetres or more in height on a seat fitted with a safety belt, provided such safety belt is being worn.

(4)        In the case of a vehicle of category M₁ or N₁ where two child restraint systems are fitted on seats (other than front seats) and, as a consequence, the fitting of a further child restraint system is not possible, a child of 3 years of age or more may be carried on a seat (other than a front seat) fitted with a safety belt, provided such safety belt is being worn.

(5)        Until 1 May 2009, in a vehicle of category M₁, where the number of children under the age of 15 years being carried exceeds the number of seats available fitted with safety belts, the requirement that all

such children wear safety belts or use child restraint systems shall apply in relation to seats (other than front seats) only in so far as it is reasonably practicable.

(6)        Paragraph (5) does not confer any exemption from the requirements of the Road Traffic Acts 1961 to 2005.

(7)        A person who fails to comply with this Regulation commits an offence.

8.         (1)        This Regulation applies to a relevant vehicle which is equipped with one or more air bags positioned in front of a passenger seat on which a rearward-facing child restraint system is fitted.

(2)        A person shall not drive a vehicle with a child restrained by a rearward-facing child restraint system fitted on a seat, in front of which there is an air bag, unless the air bag has been de-activated in such a way as to prevent its operation while the child restraint system is in use.

(3)        A person who fails to comply with this Regulation commits an offence.

Part 3

Wearing of Safety Belts and Child Restraint Systems in Vehicles of Categories M₂ and M₃

9.         (1)        This Regulation applies to the use of a seat which is fitted with a safety belt in a vehicle of category M₂ or M₃.

(2)        Subject to Regulation 11, every adult and every child of 3 years of age or more occupying a seat shall wear a safety belt or an appropriate child restraint system.

(3)        A person (other than a person under 14 years of age) who fails to comply with this Regulation commits an offence.

(4)        The driver of a large public service vehicle is not obliged to carry a passenger who, without showing reasonable just cause, fails to comply this Regulation.

10.       (1)        This Regulation applies to a vehicle of category M₂ or M₃ which is fitted with safety belts on one or more of the passenger seats.

(2)        The owner of a vehicle shall ensure that passengers are informed of the requirement under Regulation 9 (2) to wear safety belts while they are seated and while the bus is in motion.

(3)        Passengers shall be deemed to have been informed of the requirement in paragraph (2) provided they have been alerted to the presence of safety belts by at least one of the following methods -

(a)        an announcement by the driver or the conductor of the vehicle,

(b)        where the passengers comprise entirely of a single group or assembly, an announcement by the courier, escort, group leader or supervisor, as the case may be, accompanying the group or assembly or by the driver,

(c)        an audio-visual presentation (e.g. video),

(d)       a sign prominently displayed at each seating position for which a safety belt is provided, or

(e)        a pictogram in the form set out in Schedule 1 prominently displayed at each seating position for which a safety belt is provided.

(4)       (a)        Subject to subparagraph (b), a person who fails to comply with this Regulation commits an offence.

(b)       The owner of a vehicle does not commit an offence for a failure to comply with paragraph (3)(c), (d) or (e) if it can be shown that the failure was as a result of damage caused by users of the vehicle and the rectification of the damage was not reasonably practicable for the owner in the circumstances.

Part 4

Exemptions from Regulations

11.       (1)        These Regulations do not apply to -

(a)        a person wearing a disabled person's belt,

(b)        the holder of a certificate of a registered medical practitioner in the form set out in Schedule 2,

(c)        a person giving instruction in or in respect of the driving of a vehicle,

(d)        a person conducting a test of competence to drive under Part III of the Act, or

(e)        a member of the Garda Síochána or of the Defence Forces acting in the course of his or her duties.

(2)        (a)        A member of the Garda Síochána may demand of a person claiming exemption from the requirement to use a safety belt or an appropriate child restraint system by virtue of paragraph (1) (b) the production of the certificate of a registered medical practitioner and the person shall, within 10 days of the making of the demand, produce the certificate to a member of the Garda Síochána at a Garda station named by the person at the time at which the production was demanded.

(b)       In the case of a demand under subparagraph (a) in respect of a person under 14 years of age in a -

(i)       relevant vehicle, the driver of the vehicle shall, within 10 days of the making of the demand, produce the certificate to a member of the Garda Síochána at a Garda station named by the person at the time at which the production was demanded, and

(ii)      vehicle of category M₂ or M₃, the member of the Garda Síochána shall send notice of the demand to the parent or guardian of the person directing the parent or guardian, as the case may be, to produce (either in person or by post), within 10 days of receiving the demand, the certificate at a Garda station designated by the member.

(3)       A person who fails to comply with a demand under paragraph (2) commits an offence.

12.       A person guilty of an offence under -

(a)      Regulation 10 is liable on summary conviction to a fine not exceeding €5,000, or

(b)     any other Regulation is liable on summary conviction to a fine not exceeding €2,000.

Schedule 1

(Colours a white figure on a blue background)

Schedule 2

MEDICAL CERTIFICATE OF EXEMPTION FROM COMPULSORY SAFETY BELT/CHILD RESTRAINT SYSTEM WEARING

I, the undersigned, being a Medical Practitioner registered to practice medicine in a Member State of the European Union, hereby certify that it is inadvisable on medical grounds for the following named person to wear a safety belt or child restraint system:

PERSON'S NAME: ................................................................................................

PERSON'S DATE OF BIRTH: .................................................................................

PERSON'S ADDRESS: ...........................................................................................

..................................................................................................................................

..................................................................................................................................

.........................................................................................................................., Ireland.

SIGNATURE: .................................................................................................... (MEDICAL PRACTIONER)

NAME (IN BLOCK CAPITALS): ................................................................... (MEDICAL PRACTIONER)

DATE: .......................................

PERIOD OF VALIDITY ^✱: .......................................................

^✱  Insert either (a) Date of Expiry (in the case of a temporary medical certificate) or (b) -�Indefinite-� (in the case of a permanent medical certificate)

Explanatory Note

(This Note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations transpose Directive 2003/20/EC and extend the existing requirements in relation to the wearing of safety belts and child restraint systems in motor vehicles. Essentially, Directive 2003/20 provides that where safety belts are fitted in a vehicle they must be worn. In particular, the Regulations afford children greater protection when travelling in cars and goods vehicles by requiring them to be restrained in an appropriate child restraint.

¹ OJ No.L373, 31 December 1991, p26

² OJ No.L115, 9 May 2003, p63

³ OJ No.L220, 29 August 1977, p95

⁴ OJ No.L209, 29 July 1981, p32

⁵ OJ No.L139, 19 May 1982, p17

⁶ OJ No.L192, 11 July 1987, P43

⁷ OJ No.L341, 6 December 1990, p1

⁸ OJ No.L178, 17 July 1996, p15

⁹ OJ No.L53, 25 February 2000, p1

¹⁰ OJ No.L255, 30 September 2005, p146