Ruling regarding Children in arms in London Taxis
Following a number of quiries from clients regarding whether they are covered for children in arms and whether two under 10s count as 1, Quotax wrote to TFL asking for clarification, please see their response below:
This can be a complex issue but with the application of common sense it is usually overcome very quickly.
The notice 45/06 attached in this email summarises the various seat belt and child restraint legislation for children under 12 and under 1.35m (small child) and children age 13 and over 1.35m (large child).
In brief, children travelling in vehicles must when available use an appropriate restraint which meets the child’s age, height and size requirements. However, there are qualifying exemptions to this rule when travelling in taxis fitted with partition screens, these are laid out in the attached Notice.
The legal requirements, responsibilities of the driver need to be taken within the context of the various qualifying exemptions as summarised in the notice:
• The driver of a PHV without a partition screen fitted does have a legal responsibility for ensuring children do wear the appropriate seats belts where available
• Where taxis have a partition screen it is in the interest of the taxi driver to ensure all passengers, including children, wear an appropriate restraint
• For taxis, there are no examples or descriptions of how children may travel unrestrained, such as travelling on the lap of the parent or guardian
• The qualifying exemption does not specify a number of children that may travel unrestrained
• The age of children are those that are defined in notice 45/06
The driver will need to make an informed assessment and judgement at the time of travel as to whether or not the hiring is accepted (the driver should have the last word in this matter).
Taking all of the above into account the common sense approach to this should be that all occupants of a taxi should be appropriately protected in the event of a collision. This means that all occupants should wear an appropriate seat belt and the guardian of any children should take responsibility for ensuring that their children are appropriately restrained either with a seatbelt, use of a child seat (provided by the guardian) or the child should be attached appropriately to the guardian themselves.
Drivers are not allowed to take any more passengers than is stated on the taxi licence plate so, taking into account the information above, they will have to make informed decisions regarding the carriage of adults and accompanying children
Please see PCO notice below
PCO Notice 45/06
Wearing of seat belts and child restraints –
amended legislation from 18 September 2006
With effect from 18 September 2006, the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 and associated legislation will include particular requirements, and exemptions, relating to both adults and children wearing seat belts and/or appropriate restraints. The following is a summary of the new rules as they relate to passengers in taxis and private hire vehicles.
Child restraint regulations
The regulations state that if a child is under 12 years old and under 1.35m [4ft 5ins] in height (a small child) they must either be in a child restraint appropriate for the weight and height of the child with that restraint marked as complying with the relevant British or European Standard, or in a child restraint that would be legal for that child in another EU member state.
If the child is 12 or 13 years old or over 1.35m in height (a large child) they must either be in a child restraint appropriate for the weight and height of the child with that restraint marked as complying with the relevant British or European Standard, or use an adult seat belt.
However, taxis and private hire vehicles are not required to provide child restraints and there are qualified exemptions allowing children to travel unrestrained in those vehicles.
Taxis and private hire vehicles with a fixed partition between the driver and passenger compartments
Children may travel unrestrained if no appropriate restraint is provided in the passenger compartment. Where an appropriate restraint is available, this should be used.
Private hire vehicles without a partition between the driver and passenger compartments
Child passengers aged under 3 years of age
• Front seat – an appropriate child restraint must be used. No rear facing child restraint can be used in the front seat if the vehicle is fitted with a front passenger air bag unless it has been deactivated
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(or is designed or adapted so it cannot inflate in a way that poses a risk to a child in a rear facing child seat).
• Rear seat – an appropriate child restraint must be used if available but a child may travel unrestrained if an appropriate restraint is not available.
Responsibility for compliance rests with the driver.
Child passengers aged 3 to 11 and under 1.35 metres [4ft 5ins] in height
• Front seat – an appropriate child restraint must be used.
• Rear seat – an appropriate child restraint must be used if available where seat belts are fitted. In addition, a child must use an adult belt if;-
a) the appropriate child restraint is not available
b) two occupied child restraints prevent the fitting of a third.
Responsibility for compliance rests with the driver.
Child passengers aged 12 or 13, or over 1.35 metres [4ft 5 ins] in height
• Front seat – appropriate child restraint or adult seat belt must be used
• Rear seat – if a seat belt is fitted the child must use either an appropriate child restraint or an adult seat belt
Responsibility for compliance rests with the driver.
Adult passengers
• Front seats – adult seat belt must be worn if fitted
• Rear seats – adult seat belt must be worn if fitted
Responsibility for compliance rests with the passenger.
Drivers
• The driver of a licensed taxi is required to wear a seatbelt when not plying for hire, answering a call for hire or carrying passengers.
• The driver of a licensed private hire vehicle is required to wear a seatbelt when not carrying passengers for hire.
Responsibility for compliance rests with the driver
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The legislation
The information contained within this notice does not present the full requirements of this complex legislation but attempts to focus on the elements relevant to the taxi and private hire trade.
The legislation that this notice relates to is:
• Sections 14 – 15B of the Road Traffic Act 1998;
• The Motor Vehicles (Wearing of Seat Belts) Regulations 1993, as amended; and,
• The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993, as amended.
Further information on the new regulations may be found on the following website http://www.thinkroadsafety.gov.uk/campaigns/childcarseats/childcarseats.htm
RoyEllis
13 September 2006 Head of the Public Carriage Office
