Safe Speed Forums

The campaign for genuine road safety
It is currently Fri Nov 06, 2026 20:58

All times are UTC [ DST ]




Post new topic Reply to topic  [ 7 posts ] 
Author Message
PostPosted: Wed Jan 24, 2007 22:49 
Offline
New User
New User

Joined: Wed Jan 24, 2007 22:44
Posts: 1
I have been given an endorsable 60 pound fine today. My wife who is expecting a baby by the end of this month was sitting in the back seat without the seat belt. My elder son (4 yr old) was having proper child seat and seat belt but the younger son was sitting without any child seat or the belt. We had to go to hospital in emergency so I took both of my sons with me. The offence which they have given is carrying pessengers to danger (R441) and I am asked to send my license for the endorsement of 3 points.

Why I have not been given fixed penalty of 30 pounds as I checked on the DVLA website that seat belt offences do not involve penalty points. Any help would be appreciated.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Wed Jan 24, 2007 23:03 
Offline
Member
Member
User avatar

Joined: Thu Apr 15, 2004 09:16
Posts: 3655
There must be more to this.


http://www.theaa.com/allaboutcars/legal/seatbelts.html

Road Traffic Act 1988 General nature of offence Maximum fine
Section 14 Adult not wearing a seatbelt £500
Section 15(2) Child not wearing a front seatbelt or restraint £500
Section 15(4) Child not wearing a rear seatbelt or restraint £200
Section 42 Breach of Construction & Use Regulation requirement as to the fitting or maintenance of seatbelts, anchorage points etc £1,000 – £2,500 in the case of a goods vehicle or a vehicle adapted to carry more than 8 passengers

Any of the above offences dealt with by fixed penalty notice; none of the above offences will involve penalty points being placed on a driving licence.


_________________
Speed camera policy Kills


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Wed Jan 24, 2007 23:41 
Offline
User

Joined: Wed Nov 09, 2005 21:10
Posts: 1693
reminds me of an incident about 15 years ago.

At that time I had a Daimler Double Six (technically I still do but unless I can find 20K to restore her I probabally wont see her again :-( )

:bib: pulled me one evening. Now, I always showd respect under these circumstances by stopping and getting out of the car. Meanwhile :bib: ran up to me Huffing and Puffing (he was, I am affraid, a bit plump!)saying "No Don't, Aw Bugger"

He thought I was driving without a belt on you see!

(The DD6 was a pillarless coupe, the belt disapears behind the drivers seat and would not be seen by a following driver)

Thought it was quite funny though! especially the sad look on his face for "failing" to catch me out!

:rotfl:

_________________
"The road to a police state is paved with public safety legislation"


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Wed Jan 24, 2007 23:44 
Offline
Police Officer
Police Officer

Joined: Sat Sep 03, 2005 22:37
Posts: 279
Location: Warrington
Perhaps it was for carrying passengers in a dangerous manner which does carry £60 and 3 points.
Need a bit more information to start a which hunt against the officer as i feel that you have not told the whole story, tell us more if you want more .
Stephen


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Thu Jan 25, 2007 19:57 
Offline
Gold Member
Gold Member

Joined: Sun Jun 27, 2004 14:47
Posts: 1659
Location: A Dark Desert Highway
I have never been pregnant, but don't seat belts go under the baby bump? Possibly they are a bit uncomfy, but not as uncomfy as exiting the car via the windscreen, which is probably more damaging to jr than a restrained shunt when he/she is surrounded by amneotic fluid. They get a bit unhappy about kids without seatbelts don't they?


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Jan 26, 2007 01:21 
Offline
User

Joined: Fri Mar 11, 2005 09:01
Posts: 1548
adam.L wrote:
I have never been pregnant, but don't seat belts go under the baby bump?

Women who are heavily pregnant are exempt from wearing seat belts.

Quote:
They get a bit unhappy about kids without seatbelts don't they?

Think you've hit the nail on the head Adam.
Not only was the youngest not belted in, but the OP also admits there was no booster seat either (that is 2 seperate offences).

_________________
What makes you think I'm drunk officer, have I got a fat bird with me?


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Jan 26, 2007 11:05 
Offline
User

Joined: Thu Jan 04, 2007 13:16
Posts: 76
Location: Fife, Scotland.
Gixxer wrote:
adam.L wrote:
I have never been pregnant, but don't seat belts go under the baby bump?

Women who are heavily pregnant are exempt from wearing seat belts.


Is that for real?

Gixxer wrote:
Quote:
They get a bit unhappy about kids without seatbelts don't they?

Think you've hit the nail on the head Adam.
Not only was the youngest not belted in, but the OP also admits there was no booster seat either (that is 2 seperate offences).


I'm certain that there's a caveat in the rules and reg's that allows you to carry a child without the appropriate booster/car seat but using the factory setbelts for a limited period in mitigating circumstances.

Here it is........................

DfT wrote:
2. Are there any exemptions?

There are a few specific exceptions:

A. in a licensed taxi/private hire vehicle, if the right child restraint is not available
It is impracticable to expect the right child seat or booster to be available in a taxi unless a parent or carer has brought it with them. There is therefore a qualified exception which says that, if child restraints are not available in a licensed taxi or licensed private hire vehicle:

a child under 3 years old may travel unrestrained but in the rear only - this is the only exemption for a child under 3 years old;
a child aged 3 years and above must use an adult belt in the rear seat only.
Remember that any child up to 135 cms in a front seat of any vehicle must use the correct child seat or booster.

The driver of the vehicle is responsible for ensuring that children under 14 years use the seat belts or child restraints available (except in a taxi with a fixed partition).

B. unexpected necessity over a short distance
If there is an 'unexpected necessity', a child of 3 years or more may use an adult belt on a short journey when no appropriate child seat is available. This is not intended to cover regular school runs or other journeys that are planned in advance. This exemption is not available for children under 3 years old.

C. where two occupied child seats in the rear prevent the fitment of a third child seat
In many cars, there is not room for three child seats across the rear seat. If two occupied child seats or boosters prevent the fitting of a third, and the front seat is not available, a third child aged 3 years and over may then use just an adult belt in the rear. This may be a lap belt [see Q. 8B]. It would be safer for the third child to travel in the front seat and use the correct child seat or booster but see below about air-bags [see Q. 15] in front seats.

D. vehicles being used by the emergency services
There is an exemption for children of all ages being carried in a vehicle being used by the emergency services, such as police, ambulance and fire services. These services will of course do everything practicable to carry children safely and use appropriate restraints wherever possible.

_________________
If I have to explain you won't understand.


Top
 Profile Send private message  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 7 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 16 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You can post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group
[ Time : 0.025s | 11 Queries | GZIP : Off ]