Liability for child car seat offence

Legal position:

The law on child car seats in England and Wales is found primarily in the Road Vehicles (Construction and Use) Regulations 1986 (as amended) and section 15 of the Road Traffic Act 1988.

The general rule is that children must use the correct child car seat until they are 12 years old or 135 centimetres tall, whichever comes first. Once a child reaches either of those thresholds, they must use an adult seatbelt.

Responsibility and liability:

The driver is legally responsible for ensuring that any passenger under 14 years old is wearing the correct restraint. This means that if a child is not in the correct car seat or is unrestrained, it is the driver who faces the penalty, not the child or the child's parent (unless the parent happens to be the driver).

For passengers aged 14 and over, responsibility shifts to the passenger themselves.

Penalties:

A fixed penalty notice can be issued for this offence. The current fixed penalty is 500 pounds. If the matter goes to court rather than being dealt with by a fixed penalty, the maximum fine is also 500 pounds. There are no penalty points for this offence.

Exemptions:

There are limited exemptions, for example:

1. In a licensed taxi or private hire vehicle, if no appropriate child seat is available, a child aged 3 or over may travel using an adult seatbelt in the rear seat. Children under 3 may travel unrestrained in the rear of a licensed taxi if no child seat is available, though this is clearly not ideal from a safety perspective.

2. Where a child has a medical exemption certificate, the requirement does not apply.

3. In an unexpected necessity, for example an emergency, there may be a practical defence, though this is narrow and fact-specific.

Practical points:

It is worth noting that the type of car seat required depends on the child's height or weight, depending on whether the seat is approved under the older weight-based standard (UN ECE Regulation 44) or the newer height-based i-Size standard (UN ECE Regulation 129). Both types remain legal for use in the UK. Backless booster seats can only be used for children over 125 centimetres tall and weighing more than 22 kilograms under the i-Size standard, though older weight-based booster seats already in use remain lawful.

If you are stopped and a child is not in the correct seat, the police can issue a fixed penalty on the spot. There is no requirement for a warning first, though officers do have discretion.

In short, yes, as the driver you can be fined, and the fine is 500 pounds.