Motor Vehicles (Wearing of Seat Belts by Children) (Jersey) Order 1998

Revised Edition

25.550.14

Showing the law as at 31 August 2004

This is a revised edition of the law




Motor Vehicles (Wearing of Seat Belts by Children) (Jersey) Order 1998

THE HOME AFFAIRS COMMITTEE, in pursuance of Articles 42 and 84 of the Road Traffic (Jersey) Law 1956,[1] has made the following Order –

Commencement [see endnotes]

1        Interpretation

(1)     In this Order, unless the context otherwise requires –

adult belt” means a seat belt which is –

(a)     a lap belt or 3-point belt marked in accordance with Article 49(7) of the Construction and Use Order;

(b)     a seat belt falling within paragraph (4)(c)(i) or (ii) of that Article; or

(c)     fitted in a relevant vehicle and comprised in a restraint system which would meet the requirements of the law of any member State of the European Union were it to be worn by a person either aged 13 years or more or 150 cm or more in height when travelling in that vehicle in that member State;

child” means a person under the age of 14 years;

child restraint” means a child restraint within the meaning of Article 49(11) of the Construction and Use Order which is –

(a)     marked in accordance with Article 49(7) of the Construction and Use Order; or

(b)     fitted in a relevant vehicle and consists of or is comprised in a restraint system which would meet the requirements of the law of any member State of the European Union were it to be worn by a child when travelling in that vehicle in that member State;

Construction and Use Order” means the Motor Vehicles (Construction and Use) (Jersey) Order 1998;[2]

disabled person’s belt”, “lap belt”, “seat”, “seat belt” and “3-point belt” have the same meaning as in Article 49(11) of the Construction and Use Order;

front”, in relation to a vehicle, means every part of the vehicle forward of the transverse vertical plane passing through the rear most part of the driver’s seat except any part of the vehicle above the level of any deck above the driver’s head when the driver is in the normal driving position;

front seat”, in relation to a vehicle, means a seat which is wholly or partially in the front of the vehicle;

large child” means a child who is not a small child;

Law” means the Road Traffic (Jersey) Law 1956;[3]

rear”, in relation to a vehicle, means every part of the vehicle which is not the front;

rear seat”, in relation to a vehicle, means any seat which is not a front seat;

relevant vehicle” means a small passenger vehicle, a small goods vehicle or a minibus;

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

small child” means a child who is –

(a)     under the age of 12 years; and

(b)     under 150 centimetres in height.

(2)     For the purposes of this Order, a seat belt is appropriate –

(a)     in relation to a child under the age of 3 years, if it is a child restraint of a description prescribed for a child of the child’s height and weight by Article 2(2); and

(b)     in relation to a child over the age of 3 years, if it is –

(i)      a child restraint of a description prescribed for a child of the child’s height and weight by Article 2(2), or

(ii)      an adult belt.

2        Description of seat belts to be worn by children

(1)     For a child of any particular height and weight travelling in a particular vehicle, the description of seat belt prescribed for the purposes of Article 42(1) of the Law is –

(a)     if the child is a small child and the vehicle is a relevant vehicle, a child restraint of a description specified in paragraph (2)(a) or (b);

(b)     if the child is a small child and the vehicle is not a relevant vehicle, a child restraint of a description specified in paragraph (2)(a); and

(c)     if the child is a large child, a child restraint of a description specified in paragraph (2)(a) or an adult belt.

(2)     The descriptions of seat belt referred to in paragraph (1) are –

(a)     a child restraint with the marking required under Article 49(7) of the Construction and Use Order if the marking indicates that it is suitable for the child’s weight and either indicates that it is suitable for the child’s height or contains no indication as respects height; and

(b)     a child restraint which would meet the requirements of the law of any member State of the European Union corresponding to this Order were it to be worn by that child when travelling in that vehicle in that member State.

3        Provision of seat belts

(1)     A seat shall be regarded as provided with a child restraint if a child restraint is –

(a)     fixed in such a position that it can be worn by an occupier of that seat; or

(b)     elsewhere in or on the vehicle but –

(i)      could readily be fixed in such a position without the aid of tools, and

(ii)      is not being worn by a child for whom it is appropriate and who is occupying another seat.

(2)     A seat shall be regarded as provided with an adult belt if an adult belt is fixed in such a position that it can be worn by the occupier of that seat unless that belt –

(a)     has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline; or

(b)     does not comply with the requirements of Article 50 of the Construction and Use Order.

4        Exceptions

(1)     The prohibition in Article 42 of the Law shall not apply to any child –

(a)     who is a small child aged 3 years or more if –

(i)      a child restraint described in Article 2(2) for a small child of the child’s height and weight is not available for the child in the vehicle, and

(ii)      the child is wearing an adult belt;

(b)     in respect of whom there is a medical exemption certificate;

(c)     who is under one year of age and in a carry cot which is restrained by straps;

(d)     who is disabled and is wearing a disabled person’s belt;

(e)     who is in the rear of a motor car if no appropriate seat belt is available for the child in the vehicle; or

(f)      who is in the front of a motor car first used before 1st January 1967 if –

(i)      the vehicle has no rear seat, and

(ii)      apart from the driver’s seat, no seat in the vehicle is provided with a seat belt which is appropriate for a child,

and for the purposes of this sub-paragraph, the date on which a vehicle is first used shall be determined in accordance with Article 1(4) of the Construction and Use Order.

(2)     Two-wheeled motor cycles with or without sidecars are exempt from the prohibition in Article 42 of the Law.

(3)     For the purposes of this Article, a reference to a seat belt being available shall be construed in accordance with Article 5.

5        Availability of seat belts

(1)     For the purposes of Article 4, in relation to a child riding in a vehicle if any front seat (other than the driver’s seat) or any rear seat is provided with an adult belt, that belt shall be regarded as being available for the child unless the requirements of paragraph (2) are satisfied in relation to that child, that seat and that belt.

(2)     The requirements of this paragraph are satisfied in relation to a particular child (the “child in question”) and a particular seat provided with a particular seat belt if –

(a)     another person is wearing that seat belt;

(b)     another child is occupying that seat and wearing a child restraint which is appropriate for that other child and the presence of that other child renders it impracticable for the child in question to wear that seat belt;

(c)     another person, being a person holding a medical exemption certificate, is occupying that seat;

(d)     a disabled person (not being the child in question) is occupying that seat and wearing a disabled person’s belt and the presence of that disabled person renders it impracticable for the child in question to wear that seat belt;

(e)     by reason of the child in question’s disability it would not be practicable for the child in question to wear that seat belt;

(f)      the child in question is prevented from occupying that seat by the presence of a carry cot –

(i)      which is restrained by straps and in which there is a child aged under one year, and

(ii)      it would not be reasonably practicable for the carry cot to be carried in any other part of the vehicle where it could be restrained by straps so as to render it practicable for the child in question to wear that seat belt;

(g)     the child in question is prevented from occupying that seat by the presence of a child restraint which –

(i)      is not appropriate for the child in question, and

(ii)      could not readily be removed without the aid of tools; or

(h)     it was necessary to adjust the configuration of that seat in order to enable goods and personal effects to be carried in the vehicle and as a result of this adjustment the seat cannot be used as such.

6        Citation

This Order may be cited as the Motor Vehicles (Wearing of Seat Belts by Children) (Jersey) Order 1998.


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Motor Vehicles (Wearing of Seat Belts by Children) (Jersey) Order 1998      

 R&O.9314

1 January 1999

Table of Renumbered Provisions

Original

Current

1(3), (4)

spent, omitted from this revised edition

6

spent, omitted from this revised edition

7

6

Table of Endnote References



[1]                                    chapter 25.550

[2]                                    chapter 25.550.08

[3]                                    chapter 25.550


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