Seán Crowe
Ceist:443 Mr. Crowe asked the Minister for Transport the definition of suitable child restraints for a child under the age of four in a taxi under current operating legislation. [22021/03]
Written Answers. - Road Safety.
Seán Crowe
Ceist:444 Mr. Crowe asked the Minister for Transport if his attention has been drawn to the confusion caused to commuters and taxi drivers alike by legislation requiring passengers in taxis to wear safety belts at all times and the difficulty this causes when the passengers include children under the age of four, in view of the fact that a large number of taxis do not have children's seats; if taxi drivers are liable to receive points if the children are not buckled up; and if he has received a legal opinion on this matter. [22022/03]
I propose to take Question Nos. 443 and 444 together.
The current regulations on the use of safety belts in vehicles have been in force since 1 January 1993. With effect from 25 August 2003, safety belt-related offences by drivers of vehicles attract penalty points.
In general, each occupant of a passenger car is required to wear a safety belt or an appropriate child restraint, as the case may be. The driver of a vehicle is obliged to ensure that an occupant of the vehicle who is under 17 is either restrained by an appropriate child restraint or, provided she/he is four years old and upwards, is wearing a safety belt.
The requirements to wear a safety belt do not apply in respect of the use of a vehicle in which the fitment of safety belts is not mandatory. For cars first registered before 1 June 1971, seatbelts are not required in any seating position. Cars registered between 1 June 1971 and 31 December 1991 are required to have safety belts fitted to the driver's seat and the outermost front seat. Cars registered on or after 1 January 1992 are required to have safety belts fitted to all forward facing seats.
Fitting an appropriate child restraint is not mandatory. Accordingly, the duty of the driver to ensure that a restraint is worn is subject to the availability of such a restraint in a vehicle.
The regulations define an appropriate child restraint as an approved child restraint which is appropriate to the user by virtue of the weight range indicated on the restraint. The regulations specify approval authorities and approval marks.
Certain exceptions to the requirements to wear a safety belt or restraint system are provided for in the regulations. Under the exceptions, the licensed driver of a vehicle being used as a small public service vehicle is not required to wear a safety belt. No other distinction is made between small public service vehicles and other passenger cars with regard to the fitment or use of safety belts.
Some exceptions are also made in respect of the use of safety belts and restraints systems by children in vehicles. A person under four years of age occupying a seat, other than a front seat and for which there is no unoccupied appropriate child restraint, or a person who is 12 years of age or more and who is less than 150 cm in height, is not required to wear a safety belt or be restrained by a child restraint. Where three or more children under the age of 15 are being carried in a vehicle, the regulations only apply in so far as is reasonably practical.
Enforcement of the regulations is a matter for the Garda, with the involvement of the courts where a garda deems it appropriate.
However, since the introduction of penalty points for seat-belt offences, greater attention is being paid to the detail of the regulations. This has identified the fact that there are apparent gaps in the regulations, which has given rise to some confusion, particularly regarding the status under the regulations of the law regarding the carrying of children under four years of age. As the safety of children in this age category is paramount it is my intention to tidy up the regulations and to close the apparent gaps.