Companion Website

Police Law - Ninth Edition

Chapter 10 - Use of Vehicles

Chapter 10 - Use of Vehicles

See p 371

The driver of a motor lorry detected vibration on a wheel of the vehicle and pulled off at a service station; contacted his employer to arrange assistance; found that wheel nuts one wheel had loosened; and awaited assistance. At that stage a vehicle inspector who was carrying out routine checks at the service station, discovered the loose wheel nuts and a prosecution followed. A divisional ruled that the justices had been wrong to decline to convict the driver of an offence of using the vehicle on a road in a dangerous condition. He had admitted driving on a road; the vibration would have been caused by the loose wheel nuts; and the offence being absolute that was all which needed to be proved. However, they declined to return the case to the justices on the grounds that, in view of the action taken by the driver, it did not merit punishment. [R (On the application of the Vehicle and Operator Services Agency) v Henderson [2004] EWHC 3118 (Admin), CO/4367/2004]

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[Added September 2006]

Wearing of seat belts

The circumstances in which seat belts must be worn by passengers in motor vehicles are now prescribed in the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 and the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993 and not by the Road Vehicles (Construction and Use) Regulations. The 1993 Regulations implement, the requirements of Council Directives 91/671/EEC and 2003/20/EC which apply to vehicles of less than 3.5 tonnes with four or more wheels and a design speed of more than 25 kph and to large and small buses and light goods vehicles. Directive 2006/20/EC requires additional measure in respect of the wearing of child restraining devices and places obligations upon bus operators to require the wearing of seat belts fitted to large and small buses. Both these Regulations and those of 1993 dealing with children in front sets which follow, were quite extensively amended by SIs 2006/1892 and SI 2006 /2213.

The offences committed by breaches of the Seat Belt Regulations are punishable under the Road Traffic Act 1988, ss 14 and 15 and not by the RTA 1988, s 42 (unlike the other breaches in this part). The requirements created by the 1993 Regulations are not always confined to the description of vehicles set out in the Directive.

Front seat adult passengers

Regulation 5 of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 requires that every person driving a motor vehicle (other than a two-wheeled motor cycle with or without a sidecar) or riding in a rear seat of a motor vehicle (other than a two-wheeled motor cycle with or without a sidecar) must wear an adult belt. The regulation does not apply to a person under the age of fourteen years. Failure to comply with reg 5 is an offence under the Road Traffic Act 1988, s 14(3).

Regulation 6 provides the following exemptions from the requirement to wear a seat belt made by reg 5:

1. a person holding a medical certificate to the effect that it is inadvisable for him to wear a seat belt);
2. the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed 50 metres and which is undertaken for the purpose of delivering or collecting anything;
3. a person performing a manoeuvre which includes reversing;
5. a qualified driver supervising a learner carrying out such a manoeuvre;
6. a person by whom a test of competence to drive is being conducted where wearing a seat belt would endanger himself or another person;
7. a person driving or riding in a vehicle being used for fire and rescue authority (in England), fire brigade (in Wales) or police purposes or for carrying a person in lawful custody (this includes the prisoner);
8. the driver of a licensed taxi whilst being used to seek hire or answer a call, or when carrying a passenger for hire, or a private hire car whilst it is being used to carry a passenger for hire;
9. a person in a vehicle being used under a trade licence for investigating or remedying a fault;
10. a disabled person who is wearing a disabled person's belt; or
11. a person riding in a vehicle whilst in a procession organised by or on behalf of the Crown.

There are two other exemptions, a person who is riding in a vehicle which is participating in a procession which is held to mark or commemorate an event is exempt from the requirement to wear a seat belt if the procession is one commonly or customarily held in a police area or areas, or if notice in respect of the procession has been given in accordance with the Public Order Act 1986, s 11 (see p 815). The second requirement in reg 5 relating to a person riding in a front or rear seat of a motor vehicle other than a two-wheeled motor cycle with or without a sidecar shall wear a seat belt) do not apply to a person riding in a small or large bus which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area (ie entirely on restricted roads or which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.

Rear seat adult passengers

Regulation 5 of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 also prohibits an adult person (ie someone aged fourteen or over) from riding in the rear seat of a motor car, or of a passenger car which is not a motor car, if he is not wearing an adult seat belt provided in the vehicle. Persons who fail to comply with the regulation offend against the Road Traffic Act 1988, s 14(3).

Front seat child passengers

It is an offence contrary to RTA 1988, s 15(1) and (2) for a person, without reasonable excuse, to drive a motor vehicle on a road in which a child under fourteen is in the front of that vehicle unless the child is wearing a seat belt in conformity with the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993. Generally, it is irrelevant that a seat belt is not provided or available for the seat. The Regulations set out the rules with which a driver must conform. A 'front seat' is one which is wholly or partially in the front of the vehicle. The Regulations do not apply to two-wheeled motor cycles, with or without sidecars.

The description of the seat belts which satisfy the requirements of the Regulations relating to children is prescribed in reg 5 of the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993, reg 5.

1. in the case of a 'small child' traveling in a passenger car, light goods vehicle (not exceeding 3.5 tonnes), or a small bus (more than eight passenger seats but not exceeding 3.5 tonnes), the seat belt must be a child restraint with a marking required under the Road Vehicles (Construction and Use) Regulations 1986, reg 47(7) or a child restraint approved by another EU member state;
2. in the case of a 'small child' in any other vehicle, the seat belt must be a child restraint approved under reg 47(7);
3. in the case of a 'large child', the seat belt must be a child restraint approved under reg 47(7) of the 1986 Regulations or an adult belt.

For these purposes, a 'small child' is a child who is under twelve and under 135 cm in height, and a 'large child' is a child under fourteen who is not a 'small child'.

Regulation 7 exempts from these provisions:

1. a 'small child' aged three or more who is riding in a bus and is wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
2. a child for whom there is a medical certificate; or;
3. a disabled child who is wearing a disabled person's belt.;

In addition, the prohibition created by RTA 1988, s 15(1) does not apply in relation to a child riding in bus which is being used to provide a local service within the meaning of the Transport Act 1985 (see p 450), or which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing. The prohibition does not apply in relation to a 'large child' if no appropriate seat belt is available for him in the front of the vehicle.

RTA 1988, s 15(1A), added in 2006, requires that where:

1. a child is in the front seat of a motor vehicle other than a bus;
2. that child is in a rear-facing child restraining device; and
3. the passenger seat where the child is placed is protected by a front air bag,

a person must not, without reasonable excuse, drive the vehicle on a road unless the air bag is deactivated. 'Deactivation includes the case where a bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question. It is an offence contrary to s 15(2) for the person to drive a motor vehicle in contravention of s 15(1A). For the purposes of s 15, 'bus' means a motor vehicle with at least four wheels, constructed or adapted for the carriage of passengers, with more than eight seats in addition to the driver's seat and with a maximum design speed exceeding 25 kph.

Rear seat child passengers

RTA 1988, s 15(3), as substituted in 2006.and (4) makes it an offence for a person, without reasonable excuse, to drive a motor vehicle on a road where

1. a child under the age of three years is in the rear of that motor vehicle;, or
2. a child of or over that age but under the age of fourteen years is in the rear of the motor vehicle and any seat belt is fitted in the rear of that vehicle,

unless the child is wearing a seat belt in conformity with regulations. The RTA 1988, s 15(3A) requires that a person must not, without reasonable excuse, drive a passenger car on a road where a child under the age of twelve and less than 135 centimetres in height, who is in the rear of a passenger car and no seat belt is fitted in the rear of the passenger car, but a seat in the front of the passenger car is provided with a seat belt and is not occupied by any person Exemption from these prohibitions is provided by reg 9 of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993, as amended in 2006, which provides that they do not apply where the motor vehicle is a large bus, or where the vehicle is a licensed taxi or licensed hire car in which (in each case) the rear seats are separated from the driver by a fixed partition. Further exemptions are provided by reg 10, as amended, which provide that the prohibitions do not apply in relation to:

1. a child for whom there is a medical certificate;
2. a small child aged under three years who is riding in a licensed taxi, a licensed hire car or a small bus and wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
3. a small child aged three years or more who is riding in a licensed taxi, a licensed hire car or a small bus and wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
4. a small child aged three years or more who is wearing an adult belt and riding in a passenger car or light goods vehicle where the use of child restraints by the child occupants of two seats in the rear of the vehicle prevents the use of an appropriate seat belt for that child and no appropriate seat belt is available for him in the front of the vehicle;
5. a small child who is riding in a vehicle being used for the purposes of the police, security or emergency services to enable the proper performance of their duty;
6. a small child aged three years or more who is wearing an adult belt and who, because of an unexpected necessity, is travelling a short distance in a passenger car or light goods vehicle in which no appropriate seat belt is available for him; or
7. a disabled child who is wearing a disabled person's belt or whose disability makes it impracticable to wear a seat belt where a disabled person's belt is unavailable to him.

The prohibition against the carriage of a child in the rear of a vehicle who is not wearing a seat belt does not apply in relation to a child under three years riding in a rear seat of a small bus. Nor does it apply to a small child aged three years or more riding in the rear of a small bus if neither an appropriate seat belt nor an adult seat belt is available for him in the front or rear of the vehicle In addition, it does not apply in relation to a 'large child' in any vehicle, if no appropriate seat belt is available for him in the rear of the vehicle. Lastly, the prohibition doe not apply to a child riding in a small bus which is b3eing used to provide a local service (within the meaning of the Transport Act 1985) in a built-up-area (ie entirely on restricted roads) or which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.

For these purposes 'large buses' and 'small buses' are motor vehicles which have at least four wheels, are adapted for the carriage of passengers, have more than eight seats in addition to the driver's seat, and have a maximum design speed exceeding 25 kph. The difference between them is that a large bus has a maximum laden weight exceeding 3.5 tonnes and a small bus has a maximum laden weight not exceeding 3.5 tonnes. A 'light goods vehicle' is a motor vehicle with at least four wheels, a maximum design speed of more than 25 kph, and a maximum laden weight not exceeding 3.5 tonnes. A 'small child' means a child under twelve years of age and under 135 centimetres in height, and a 'large child' is a child under fourteen who is not a small child. 'Operator' has the same meaning as in RTA 1988, s 15B below.

Wearing of seat belts in buses

The RTA 1988, s 15B(1), added in 2006, requires bus operators to notify passengers of the need to wear seat belts. It provides that, subject to s 15B(6,) the operator of a bus in which any of the passenger seats are equipped with seat belts must take all reasonable steps to ensure that every passenger is notified that he is required to wear a seat belt at all times when:

1. he is in a seat equipped with a seat belt, and
2. the bus is in motion.

'Operator' means the owner of the bus or, if the bus is in the possession of any other person under an agreement for hire, or hire-purchase, conditional sale, loan or otherwise, that person. 'Bus' has the same meaning as in RTA 1988, s 15 (see p 000). Notification may be made by an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so, or a sign (a symbol of a seated figure wearing a belt) prominently displayed at each passenger seat equipped with a seat belt.

Section 15(6) provides that the offence against s 15B(1) does not apply in relation to a bus which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area (ie entirely on restricted roads) or which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing. The operator commits an offence against s 15B(4) if he fails to comply with the requirements of s 15(1). Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or attributable to, any neglect on the part of a director, manager, secretary or other similar officer, or any person purporting to act in such a capacity, that person is equally liable.

A 'bus' for the purposes of s 15 is a vehicle with at least four wheels, constructed for the carriage of passengers, which has more than eight seats in addition to the driver's seat and has a maximum design speed in excess of 25 kph. For the purposes of the 1993 Regulations, reg 2 (general interpretation) defines the terms 'large bus', 'small bus' and 'light goods vehicle'. Both large and small buses have at least four wheels; are adapted for the carriage of passengers; have more than eight seats in addition to the driver's seat; and have a maximum design speed exceeding 25 kph. The large bus has a maximum laden weight exceeding 3.5 tonnes, the small bus must be 3.5 tonnes or less. A 'light goods vehicle' has more than four wheels; a maximum design speed of more than 25 kph; and a maximum laden weight not exceeding 3.5 tonnes.

The operator of either type of bus is the owner of that bus or, if the bus is in the possession of any other person under an agreement for hire. hire-purchase, conditional sale, loan or otherwise, that person.

'Availability' of seat belts

Schedule 2 to the 1993 Regulations describes the circumstances in which a seat belt will be regarded as not being available. They are where:

1. another person is wearing the relevant belt;
2. a child is occupying the relevant seat and wearing a child restraint which is an appropriate child restraint for that child and this renders use of the seat belt impracticable;
3. a person holding a medical certificate is occupying the relevant seat;
4. a disabled person (not being the person in question) is occupying the relevant seat and wearing a disabled person's belt and this renders use of the seat belt impracticable;
5. by reason of his disability, it would not be practicable for the person in question to wear the relevant belt;
6. deleted;
7. the person in question is prevented from occupying the relevant seat by the presence of a child restraint which could not readily be removed without the aid of tools; or
8. the relevant seat is so designed that it can be adjusted to increase the space available for goods and effects and when it is so adjusted the seat cannot be used.

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Speed limiters p 385

The Road Vehicles (Construction and Use) (Amendment) (No 5) Regulations 2005, SI 2005/3170 amended the provisions relating to speed limiters.

The following text should be added to (ie after) that which appears in para (2) under the heading 'Regulation 36A (coaches, buses etc)' on p 385:

'Speed limiters fitted to a vehicle as required by reg 36A(2), if the vehicle was first used before 1 January 2005 and has a maximum gross weight exceeding 10 tonnes, or was first used before 1 October 2001 and has a maximum gross weight exceeding 7.5 tonnes bit not exceeding 10 tonnes, may be set at a maximum speed of 100 km/h'.

At the end of the paras set out under the reg 36A provisions, the following additional exemptions are extended to a coach or bus:

1. which is owned by the Secretary of State for Defence and used for naval, military or air force purposes;
2. which is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown, or
3. while it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of a relevant authority as defined in the Fire (Scotland) Act 2005, s 6 or ambulance or police purposes.

Diesel buses and goods vehicles, as referred to within regs 36A and 36B which comply with 'limit values', now comply with limit values in respect of Euro III emission standards as set out in the amended Directive 88/77/EEC.

In respect of the heading 'Regulation 36 (goods vehicles)' head (4) (top of p 387) has also been amended by SI 2005/3170 and now reads:

Goods vehicles with a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg, which are first used on or after 1st October 2001 and before 1st January 2005; and which comply with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC, as amended, and which would, without the fitting of a speed limiter, have a relevant speed exceeding 90 km/h. However, this requirement is deferred to 1st January 2007 where the vehicle is used solely for national transport operations.

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Mirrors p 387

The Road Vehicles (Construction and Use) (Amendment) (No 4) Regulations 2005, SI 2005/3165 amended the Road Vehicles (Construction and Use) Regulations 1986, SI 1986/1078.

Regulation 33 of the principal regulations (mirrors) is replaced by a new reg 33 included in the schedule to the amendment regulations. The main changes are to the Table included in reg 33 with the addition of new items to it and the provision of a new column numbered 5 which sets out the requirements to be complied with where a vehicle is fitted with any other device for indirect vision.

The main changes to the pre-existing requirements are:

1. goods vehicles with a maximum weight exceeding 7.5 tonnes but not exceeding 12 tonnes which are first used on or after 26 January 2007 must be fitted with two wide-angle mirrors, a close-proximity mirror and a front mirror;
2. goods vehicles with a maximum weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes (but having cabins of a similar height to goods vehicles exceeding 7.5 tonnes) which are first used on or after 26 January 2007 must be fitted with two wide-angle mirrors and a close-proximity mirror;
3. goods vehicles with a maximum weight exceeding 12 tonnes which are first used on or after 26 January 2007 must be fitted with an additional wide-angle mirror and a front mirror;
4. in all cases where a front mirror is specified, if it is not possible to fit a front mirror, a device for indirect vision (for example a camera and monitor device) may be used instead;
5. passenger-carrying vehicles comprising no more than eight seats in addition to the driver's seat which are first used on or after 26 January 2010, must be fitted with a Class III exterior rear-view mirror on both the driver's side and the passenger side of the vehicle as well as an interior mirror ( previously only required to have exterior mirror on the driver's side);
6. where the lower edge of an exterior mirror, which complies with the requirements of Directive 2003/97 or ECE Regulation 46.02, is less than two metres above the ground when the vehicle is loaded, the mirror must not project more than 25 cm beyond the overall width of the vehicle and where the vehicle is drawing a trailer and the trailer is wider than the towing vehicle, the mirror must not project more than 25 cm beyond the overall width of the trailer.

Within the new reg 33 -

1. 'devices for indirect vision' means devices to observe the traffic area adjacent to the vehicle which cannot be observed by direct vision and may include conventional mirrors, camera monitors or other devices able to present information about the indirect field of vision of the driver;
2. 'mirror' means any device with a reflecting surface, excluding devices such as periscopes, intended to give a clear view to the rear, side or front of the vehicle;
3. 'interior mirror' means a device defined in sub-paragraph (a) above which can be fitted in the passenger compartment of a vehicle;
4. 'exterior mirror' means a device defined in sub-paragraph (a) above which can be fitted on the external surface of a vehicle.

Regulation 6 of the amendment regulations updates Table 1 in Sch 2 to the 1986 Regulations in relation to particular Directives which apply to various aspects of the 1986 Regulations.

These new measures follow public concern that the drivers of left-hand drive lorries have a 'blind spot' which may lead to accidents. The Department of Transport also believes that in an urban environment cyclists and pedestrians may not be seen as a consequence of the height of large goods vehicles. These additional means of obtaining a full view to the rear are expected to reduce such dangers. The cameras or alternative vision systems introduced by these amendment regulations may be used on vehicles not subject to the statutory requirements.