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Topic: Laws regarding driving  (Read 936 times)

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Laws regarding driving
« on: April 21, 2009, 09:32:44 AM »
I wonder if someone with a greater knack for research and Google results could post for me a link to webpages that give full and detailed descriptions of exactly what kind of penalties or prosecution a driver faces when found to have passengers that are not seatbelted?

The reason I ask is because I'm in charge of driving two tween-aged boys with whom I'm going through HELL to make them secure their seatbelts every trip, and I know very well it's I, the driver, who can be prosecuted for this violation.

They are always strapped in eventually -- believe me, I am NOT driving without all seatbelts secured.

But I'm getting a horrendous argument from a 13 year old KID every day of my life over this crap and talking to the parents doesn't help -- they are as cavalier about the issue as the kids are (you can see where it comes from).

As I'm bang in the middle of aiming to pass my practical test and get my brand spanking new UK licence, I'm not about to break laws and allow violations that not only put these brats in physical danger should someone hit our car, but which would also fcuk up MY driving record and clean licence in the UK

I am at my wits end and would like to show this entire family a full detailing of the punishment I am liable for if these kids don't buckle up. I'm sick of the daily argument. These kids already BELIEVE these regulations are crap. They have two parents and a very influential older cousin breaking the law in front of them and telling them all the time it's cool.

I've Googled but the penalties are not listed specifically enough in my results. I've found sites that simply say "liable for prosecution" but I want to see all the potential consequences.

If anyone can provide a "horror story" of specific and full punishments -- fines, jail time, licence points, whatever applies. Nobody in this family seems to care but I DO and I'd like to back up my argument with the full details. It is a pity it has to BE an argument but it's come to this.
« Last Edit: April 21, 2009, 09:39:35 AM by Midnight blue »
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Re: Laws regarding driving
« Reply #1 on: April 21, 2009, 09:56:56 AM »
The law is for passengers 14 & older it is the responsibility of the passenger not the driver:
http://www.lawontheweb.co.uk/seatbelts.htm.

and as far as penalties:

Quote
Failure to wear a seatbelt carries a fine of up to £500, but no points will be endorsed on your licence. A fixed penalty notice will usually be issued, allowing you the option of paying a £30 fine.


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Re: Laws regarding driving
« Reply #2 on: April 21, 2009, 10:35:25 AM »
Thanks WebyJ.

I believe this section applies to the children I am driving as they are both over this height:

"Child over 1.35 metres (approx 4ft 5ins in height) or 12 or 13 years
Seat belt MUST be worn if available.
Driver [is responsible]"


If I'm not mistaken I believe this means I am, in fact, responsible to ensure they are belted, liable for prosecution if they are found not to be, and they are supposed to be using the adult seat belts that are in this car on the front and the back seats.

This is what I thought.

Part of the problem I'm facing is that these people are often trying to pull the wool over my eyes about various UK laws or regulations expressly because I have not lived here and am having to learn for myself along the way, as does anyone coming from greater experience in another country.

« Last Edit: April 21, 2009, 10:38:02 AM by Midnight blue »
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Re: Laws regarding driving
« Reply #3 on: April 21, 2009, 10:40:08 AM »
The easy thing is if they're under 14 then you're responsible regardless of height...I'd just flat out refuse to take them anywhere and state so to the parents if they aren't going to use a seatbelt.


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Re: Laws regarding driving
« Reply #4 on: April 21, 2009, 10:50:33 AM »
Yes, it's almost at that point of flat out refusal; the whole "This car isn't going ANYWHERE until......"    ::)

The struggle has become huge and it's a blight on each and every trip. To my mind none of this should even be happening; personally I don't even think twice about strapping in and I'm appalled at the nonchalance and defiance. (And that's just the grownups).
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Re: Laws regarding driving
« Reply #5 on: April 21, 2009, 03:37:01 PM »
The height and booster seat rules have become horrendously complex since the last batch of revisions a couple of years ago, but yes, the basic rule still holds that passengers 14 or over will be issued a fine for violations while for passengers under 14 the driver is held legally responsible and will get the ticket.  The 14 age limit has been the same ever since the first law for front seats came into force in 1983.

There have been calls from some groups for the law to be revised to increase the fixed penalty amount to £60 and even for the offense to carry penalty points (as is now the case in Ireland), but nothing has come of those proposals yet.   In theory the maximum possible fine in court is now £500, although I've never heard of anyone ever being given a fine that high (up until a few years ago the theoretical maximum was £1000!).


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Re: Laws regarding driving
« Reply #6 on: April 21, 2009, 05:04:27 PM »
Thank you Paul for your reply.

These boys are ages 12 and 13, and one is a height of about 4' 11" while the older boy is 5' 1" approximately. I believe this puts them both in the category in which I am the one required to ensure they utilize the seatbelts, and held legally liable if they don't. The car has no child seats but is equipped with the standard seat belts in the front and back seats.

In 1983 I was still living in the UK but I was not a driver in those days, so unfortunately now that I'm back, all this is new to me and I'm having to learn along the way before someone hoodwinks me into believing a lie, and bam, I get a smudge on my driving history, at the least, at worst, someone is injured should an impact occur.

Thanks again, WebyJ and Paul for the information; I appreciate the time and trouble.
« Last Edit: April 21, 2009, 05:06:50 PM by Midnight blue »
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Re: Laws regarding driving
« Reply #7 on: April 21, 2009, 07:20:21 PM »
Thank you Paul for your reply.

Thanks again, WebyJ and Paul for the information; I appreciate the time and trouble.

You're welcome...no trouble & I've got nothing but time  :)


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Re: Laws regarding driving
« Reply #8 on: April 21, 2009, 10:32:57 PM »
These boys are ages 12 and 13, and one is a height of about 4' 11" while the older boy is 5' 1" approximately. I believe this puts them both in the category in which I am the one required to ensure they utilize the seatbelts, and held legally liable if they don't.

The height limit (135cm in the legislation - about 4' 5" in plain English) is applicable only in relation to whether children under 12 years of age are required to use booster/child seats under the new legislation.  The only thing which affects whether or not the driver is held responsible and who gets the ticket is the passenger's age:  Under 14 it's the driver; 14 or over it's the passenger himself.


Quote
I get a smudge on my driving history, at the least

Under the present system it's extremely unlikely that anything would ever go on your driving record.   While in theory it's an offense for which you could be summonsed for prosecution, it does not carry any penalty points, and usually the worst you can expect is a fixed penalty notice, which if paid without opting to go to court is no worse than a
parking ticket.

From
Bar
To car
To
Gates ajar
Burma Shave

1941
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Dreaming of one who truly is La plus belle pour aller danser.


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