New booster seat Law?

Question

We need clarification about the new law of booster seats.
Does our son need to be 135cm tall and over 12 years or does he need to be EITHER 135cm OR over 12.

He is at the moment over 135cm tall but only 11 years; does that make him void of a booster seat?

Thanks for your replies.

Answer 1

Q&A: New child car seat law

From September, she will need a booster seat
A new law comes into force on 18 September 2006, which the government says could save up to 2,000 children per year from death or injury in road accidents.
All children under the age of 12 will have to use some form of child car seat, unless they are more than 135cm (4ft 5ins) tall.

This means many British families will be obliged to buy new car seats for their children before the new school term.

They will also have to find ways of persuading children who have already stopped using booster seats to get back into the habit.

What children are affected?

I expect police to use common sense, not put out major dragnets... but to appear at the school gates from time to time to give people advice

Road Safety Minister Stephen Ladyman
All children under 135cm (4ft 5in) tall, unless they have passed their 12th birthday must use a child seat appropriate for their weight.

Most children reach 135cm around the age of nine.

How do you find out what kind of seat is appropriate for your child?

Weigh your child and ask a shop assistant, or use the following guide:


up to 13kg (2st 1lb) - a rear-facing baby seat
9kg to 18kg (1st 6lb - 2st 12lb) - a forward-facing child seat
15kg to 25kg (2st 5lb - 3st 13lb) - a booster seat
22kg (3st 6lb) or over - a booster cushion, or modern booster seat designed for larger children
A booster seat is like a booster cushion, except it has a back, and may have protection for a child's head in the case of a side impact.

The government suggests trying the seat before you buy it, to make sure it can be fixed properly in your car.

Which children are not affected?

A child over the age of 12 or more than 135cm tall, may use an adult seat belt. However, the Department for Transport recommends that children should continue using booster cushions or booster seats until they are 150cm (4ft 11in) tall.

What are the main changes from the existing law, when it comes to carrying children in cars?

Here are four of them:


Up to now children aged between three and 11 have been obliged to use the appropriate seat or cushion "if available" - now they have to use it full stop, with only a few exemptions
Children under 12 and less than 135cm tall may not travel in the front of a car without an appropriate seat or cushion, under any circumstances
Children under three may not travel without an appropriate seat, whether they are in the front or the back, except in the rear of a taxi
It becomes illegal to use a rear-facing baby seat in a front seat protected by an airbag
Are there any exceptions to these rules?

Yes. There three cases where a child between three and 12 years old may travel in the back of a car using no more than an adult seat belt:


short and occasional journeys made for reasons of "unexpected necessity" (so not on regular school runs, but you don't need to worry if you are picking up a friend's child because he or she has been unexpectedly detained at work)
two other children are already using restraints in the back seat, leaving no room for a third. (However, it would often be safer for the child to travel with a restraint in the front seat.)
in taxis
In addition:


Children under three may travel in the back of a taxi without a special seat or cushion
In old cars with no seat belts - children between three and 12 may travel in the back seat, though the Department for Transport points out that this is "not safe"
Emergency vehicles, including ambulances and police cars, are exempt
What else does the new law change?

Here are three more changes:


Seated bus and coach passengers over the age of 14 must use seat belts where fitted
From May 2008, child and baby seats must meet a standard known as UN ECE regulation 44.03, or the higher standard 44.04 - this means they will be marked with an E and the numbers 44.03, or .03
From May 2009, all passengers in any vehicle will have to use an appropriate restraint (baby seat, child seat, booster seat/cushion) or seat belt, where seat belts are fitted

If a seat comes up to UN ECE 44.03 it could be marked like this
Who will be held responsible for violations?

The driver is responsible for violations by passengers under the age of 14 (except in taxis with fixed partitions).

Police can impose a £30 fixed penalty, but the maximum fine is £500 if it goes to court.

Will lots of fines get handed out on 18 September?

Probably not. Road Safety Minister Stephen Ladyman says he expects police to "use common sense" and not to set up "major dragnets". Rather, he expects officers to appear at school gates from time to time to give parents' advice.

He adds: "If they are not following that advice then they may have to take action."

Why are the rules changing?

The government says that surveys show three quarters of children are wearing adult seat belts before they are tall enough to do so safely. In other words, the belt could hurt their neck or their internal organs if the car stops suddenly. Or they could slide underneath it.

The Department for Transport also points out that the existing regulations date from 1993, when rear seat belts were less common, and that the law needed to be brought up to date.

Furthermore, the government also needs to bring UK laws into compliance with European Union legislation (Directive 2003/20/EC) on the use of seatbelts, which came into force in May 2006.

What if a child refuses to use a child seat or cushion?

Mr Ladyman recognises that in some cases "there will be hell to pay". He suggests parents blame him.

Are the rules the same in all European countries?

No. For example, in the UK children above the age of three are allowed to travel in the front of a car if they use the appropriate seat or cushion and there is no danger of being hurt by the airbag. (Drivers should check with the car handbook.) In some other countries children are not allowed to travel in the front seat until they are 10 or 12.

The European directive on seatbelts sets minimum standards, which countries must observe. Many of them choose to aim higher.

Answer 2

A booster seat yes I'm a mom I'm 26 and when I go in a car I sit on a boosterseat in the backseat my 15 year old daughter still sits on a boosterseat even when she is using her permit driving with her father but when I'm in the car she sits in the backseat with me on her boosterseat. Just because you sit on a booster doesn't mean your a child it just means that you need to be kept safe my parents made me sit on a booster seat until I was driving. And I don't drive any more but back then I did. Now the chauffeur my husband pays for takes us every where when my husband is at work and every one in the backseat which family rile no one sits up front. But anyway my point is it's ok too sit on a boosterseat just because usually little small young children under 6 are known for it doesn't meant that your a little child. It just means your just short and need a boost and it's for safety. So if your a 12 year old or over the age of 12 and sit on a boosterseat thank your parents that your not in the hospital or dead. If your 12 or over the age 12 sitting on a booster seat your parents must really love you, because your 12 and over that is really short and needs a nice comfy safety seat. It is true as a 26 year old who sits on a boosterseat I admit its comfy. I only sit on a booster seat because I'm 4'8 ft tall, yep I'm short for my age. But yeah safety is safety so yeah that comfy booster seat is for any age person that needs a safety boost.

Answer 3

Children need to meet BOTH criteria in order to be released from the Booster Seat/Car Seat laws. Legally.

Answer 4

Consider the goal of your child's safety versus simply adhering to the law. The goal is to get your child to a height where he can successfully use a lap and shoulder belt. The ages and heights are based on averages. Believe it or not, some very small statured adults are encouraged to use a booster too. The shoulder belt should sit in the center third of the shoulder and the lap belt low near the hips. Keep your child in the booster until the lap and shoulder belt in the car fit him appropriately without a booster.

Answer 5

You do not need a booster seat as he is over the required height, regardless of his age - lucky you.

Having disposed of my booster seats thinking my children were tall enough I now have to buy new ones - GRRR!

The website www.dft.gov.uk has the legislation in full if you need to check anything x

Answer 6

He only needs the booster seat if he is 12 or under AND less than 135cm tall. Your son is NOT required to use one. However children 12 and under MUST ride in the BACK seat only regardless of height.

Answer 7

Depends on the state. Here's a list that provides the booster seat law in your state: http://babyproducts.about.com/od/statecarseatlaws/

Answer 8

i chaecked this one out and so long as he is that high then you dont need to use a booster seat

Answer 9

According to the sign in Mothercare, it's just 135 cm.

Answer 10

Ithink you'll find it's got nothing to do with age, but the height of the child and safetywise, where the seatbelt goes. no point wearing one, if going to strangle them

Answer 11

He'll be fine without, it's either over 135cm or over 12.