Car Seat Laws.

Child Car Seats and Booster Seats: The Current UK Rules

Children travelling in cars, vans and other vehicles must use an appropriate child restraint until they are old or tall enough to use an adult seat belt safely.

The rules are based principally on the child's height or weight rather than age alone.

In most cases, a child must use a suitable child car seat until they reach:

• their 12th birthday; or
• a height of 135 centimetres;

whichever happens first.

After that, the child must wear an adult seat belt where one is fitted.

What Changed in 2017?

New technical rules for backless booster seats took effect on 9 February 2017.

Manufacturers could no longer introduce new models of backless booster cushions approved for children who were:

• shorter than 125 centimetres; or
• lighter than 22 kilograms.

This did not create a general ban on every older backless booster seat.

Existing models approved for children from 15 kilograms could continue to be sold and used in accordance with their labels.

Can an Existing Booster Cushion Still Be Used?

Yes, provided that:

• the seat has the required approval label;
• the child falls within the height or weight range shown on the seat;
• the seat is suitable for the vehicle;
• it is fitted correctly; and
• it has not been damaged or recalled.

Parents were not required to replace a legally approved booster cushion merely because the approval rules changed in 2017.

However, a high-backed booster generally provides greater side and head protection and can help position the seat belt correctly.

Height-Based Child Seats

Height-based seats are approved under Regulation R129 and are often described as i-Size seats.

Theseat'ss label will show:

• a capital E inside a circle; and
• the approval reference R129.

The seat must be suitable for the child's height range.

A child using a height-based seat must remain rear-facing until they are more than 15 months old.

The manufacturer may permit or recommend rear-facing travel for considerably longer.

Weight-Based Child Seats

Weight-based seats are approved under the older ECE R44 system.

The correct type of restraint depends on the child's weight and the approval information shown on the seat.

The main weight groups include:

• Group 0: up to 10 kilograms;
• Group 0+: up to 13 kilograms;
• Group 1: 9 to 18 kilograms;
• Group 2: 15 to 25 kilograms; and
• Group 3: 22 to 36 kilograms.

Some seats cover more than one group.

A weight-based seat should not be used once the child exceeds the stated weight limit, even if the child's age appears suitable.

Backless Booster Seats

A backless booster cushion raises the child so that the adult seat belt fits more appropriately across the body.

Newer backless booster models are normally approved for Group 3 children weighing at least 22 kilograms and measuring at least 125 centimetres.

The lap section of the belt should sit low across the child's pelvis rather than the stomach.

The diagonal section should cross the shoulder and chest rather than the child's neck or face.

Why Is a High-Backed Booster Often Safer?

A high-backed booster may provide:

• side-impact protection;
• additional support for the child's head;
• better positioning of the diagonal belt;
• support when the child falls asleep; and
• greater protection where the vehicle has a low seat back or no head restraint.

A backless cushion provides less protection around the head and sides of the body.

Parents should consider safety advice as well as the minimum legal requirements.

Choosing the Correct Seat

Before buying or using a child seat, check:

• the child's current height and weight;
• the approval label;
• the manufacturer's age, height and weight limits;
• whether the seat fits the particular vehicle;
• whether ISOFIX fittings are required;
• whether the vehicle handbook permits its use in that seat position; and
• whether the seat has been recalled or involved in a collision.

Age ranges shown in advertising are only approximate. The seat's approved height or weight limits are more important.

Fitting a Child Car Seat

A child restraint must be correctly fitted to provide proper protection.

A seat should normally be secured using:

• a three-point seat belt with a diagonal section; or
• approved ISOFIX anchor points.

A seat designed specifically for a lap belt may be used where permitted by the manufacturer.

Always follow the instructions for both the child seat and the vehicle.

Rear-Facing Seats and Airbags

A rear-facing child seat must not be fitted in front of an active passenger airbag.

An inflating airbag can strike the rear-facing seat with considerable force and cause death or serious injury.

The airbag must be properly deactivated where the vehicle manufacturer permits a rear-facing seat to be used in the front.

Can a Child Seat Be Fitted on a Side-Facing Seat?

No. A child car seat must not be fitted on a side-facing vehicle seat.

The restraint should be used only in a seating position approved by the child-seat and vehicle manufacturers.

Who Is Responsible?

The driver is responsible for ensuring that a child under 14:

• uses the correct car seat where required; or
• wears an adult seat belt where the child is legally permitted to use one.

A passenger aged 14 or over is normally responsible for wearing their own seat belt.

A driver can be fined up to £500 where a child under 14 is not correctly restrained.

Can a Child Travel in the Front Seat?

A child may travel in the front seat where the correct restraint is properly fitted, and the vehicle and seat manufacturers permit it.

However, the rear seat is generally considered safer for children.

Particular care is required with airbags and rear-facing seats.

Children Under Three

Children under three must normally use the correct child restraint in both the front and rear of a vehicle.

They cannot ordinarily travel in a car without an appropriate child seat.

Limited exceptions apply, principally in licensed taxis and minicabs where a suitable restraint is not provided.

Taxis and Minicabs

Where a licensed taxi or minicab does not provide a correct child seat:

• a child under three may travel unrestrained on a rear seat; and
• a child aged three or over may travel on a rear seat using an adult seat belt.

This is a legal exception rather than a recommendation that children should routinely travel without suitable restraints.

Parents should provide an appropriate child seat where reasonably possible.

Unexpected and Necessary Journeys

A child aged three or over may use an adult seat belt where the correct child seat is unavailable,e and the journey is:

• unexpected;
• necessary; and
• over a short distance.

This exception does not cover a planned journey merely because obtaining a child seat is inconvenient.

A child under three cannot use this exception in an ordinary car.

No Room for a Third Child Seat

Where two child restraints occupy the rear seats, and there is no room for a third:

• a child under three must use the correct child seat in the front; and
• a child aged three or over may sit in the rear using an adult seat belt.

Any front passenger airbag rules must still be followed.

Vehicles Without Seat Belts

A child aged three or over may travel on a rear seat without a child restraint or seat belt where the vehicle does not have one fitted.

A child under three must not normally travel in a vehicle without the correct restraint.

Historic vehicles without seat belts may therefore be unsuitable for carrying young children.

Minibuses and Coaches

Coach and minibus operators do not generally have to provide child car seats.

In a minibus:

• a child should use a child seat where an appropriate one is available;
• a child aged three or over must use an adult belt where a suitable child seat is not fitted; and
• children must use rear passenger seats where no appropriate restraints are available.

The detailed rules depend on the type and age of the vehicle.

Children With Medical Conditions or Disabilities

The normal child-restraint rules also apply to children with disabilities or medical conditions.

A child may use:

• a restraint designed for their particular needs;
• a disabled person’s seat belt; or
• another approved specialist system.

A doctor may issue an exemption certificate where the child cannot use a standard seat belt or restraint because of a medical condition.

Second-Hand Child Seats

Particular care should be taken when buying or accepting a second-hand child seat.

Check that:

• the approval label is present and readable;
• all parts and instructions are included;
• the seat has not been recalled;
• the harness and buckles operate correctly;
• there are no cracks or damaged fittings;
• the seat has not expired under the manufacturer’s guidance; and
• the seat has not been involved in a collision.

A seat with an unknown history may have hidden damage.

After a Collision

A child seat involved in a collision may need to be replaced even where there is no obvious damage.

Follow the manufacturer's instructions and contact the insurer where appropriate.

Do not continue using a seat that may have been structurally weakened.

When Can a Child Use an Adult Seat Belt?

A child may legally move to an adult seat belt when they reach 12 years of age or 135 centimetres in height, whichever comes first.

However, the belt should fit correctly.

A suitable fit normally means:

• the child can sit with their back against the vehicle seat;
• their knees bend comfortably over the edge of the seat;
• the lap belt lies low across the hips;
• the shoulder belt crosses the centre of the shoulder and chest; and
• the child can remain in this position throughout the journey.

Where the belt does not fit correctly, continuing to use a suitable booster may provide better protection even if the child has reached the minimum legal threshold.

The Current Position

The 2017 changes applied to the approval of newly introduced backless booster seats. They did not make every existing booster cushion illegal.

Children must normally use an appropriate child restraint until they are 12 years old or 135 centimetres tall, whichever comes first.

Height-based seats should carry an R129 approval label, while approved weight-based seats carry an ECE R44 label.

The driver is responsible for correctly restraining children under 14 and may face a fine of up to £500 for failing to do so.

Getting Legal Advice

Legal advice may be required where:

• a driver is prosecuted for failing to restrain a child;
• a child is injured because a seat was defective or incorrectly fitted;
• a retailer or manufacturer supplied an unsafe seat;
• a car seat was subject to a recall;
• a collision gives rise to a personal injury claim; or
• responsibility for transporting a child is disputed.

Use the search facility at the top of this page to find a solicitor experienced in motoring law, product liability or personal injury.

Disclaimer

Solicitors.com is not a firm of solicitors. This article provides general information about child car-seat law in the United Kingdom and does not constitute legal or road-safety advice. The rules may differ in some respects between England, Wales, Scotland and Northern Ireland, and parents should follow the instructions supplied with the seat and vehicle.

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