What are the new rules?
Children under three: until his third birthday, your baby or toddler must use a child car seat appropriate for his weight in any vehicle (including vans and other goods vehicles) regardless of whether he is sitting in the front or the back. If you can't fit a child seat for your baby or toddler then he can't travel legally. In addition, the new rules also say that rear-facing baby seats MUST NOT be used in a seat protected by a frontal air-bag unless the air-bag has been deactivated. If you are using a forward facing child seat, see what your car's handbook says about children in seats with frontal air-bags. The advice can vary from car to car.
Children three and over: until he is 135cm tall (approximately 4ft 5in), your child must use an appropriate car seat. Using an adult seat belt for a child who is under 135cm tall is no longer legal.
Are there any exceptions?
Children under three: there is only one exception to the new law for children under three. If you are travelling in the rear of a taxi and you don't have a car seat with you your baby or toddler can travel without a seatbelt.
Children three and over: there are only three occasions where children over the age of three and under 135cm tall can travel in the back of a car using an adult seat belt. These are:
• In a taxi, if an appropriate child seat is not available.
• For a short distance "in an unexpected necessity". This exception is designed to cover situations where you might have to collect your child, or someone else's, at short notice and don't have the right car seat with you.
• Where you need to carry three children but can only fit two car seats in the back of the car. In this case the third, and preferably tallest, child could use an adult seat belt.
A very few cars, for example classic cars, don't have any seat belts fitted at all. If you are travelling in a car like this, children aged three and over are allowed to travel in the back unrestrained. However, just because it is legal doesn't make it safe.
Why is the law changing?
The government estimates that more than 2000 children are injured or killed each year through not being properly restrained in a car. The old rules generally say that child seats and boosters should be used if they are available. This is a bit vague and as a result, many parents stop using car seats for their children long before it is really safe to do so. The government believe that parents and children will benefit from always using child seats and boosters.
What is wrong with children using adult seat belts?
If your child uses an adult seat belt before he is tall enough to, the lap part of the belt sits too high on his stomach and in a crash it could damage his internal organs. There is also a risk of him slipping under the belt.
I need to buy a new child seat. What should I look for?
Modern child restraints are designed for specific weight ranges of child so check your child's weight before you go shopping. There are different categories of car seats suitable for different age ranges. They have to be marked with a label (showing an "E" and "44.03" or ".03", meaning it meets with European safety regulations) and the Group number, or weight range of child, for which it is designed. These can vary from one manufacturer to another but generally, they follow these guidelines:
• Group 0 and Group 0+. These are infant carriers - rear-facing and for children up to 10kg and up to 13kg respectively (approx age birth to 9-12 months);
• Group I. Child seats - forward facing and for children 9kg to 18kg (approx 9 months to 4 years);
• Group II. Booster seats - for children from 15kg to 25kg (approx 4 to 6 years), or 15kg up to 36 kg);
• Group III. Booster cushions - for children from 22kg and up to 36kg (from approx 6 years).
See our buying guide for more information on car seats.
What are the penalties for breaking the new law?
A £30 fixed penalty notice. If your case goes to court, the maximum fine is £500. Penalty points are not applicable.
Further advice can be found at: www.thinkroadsafety.gov.uk.
Created September 2006
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