Minibus
and Coach Seat Belts -
Advice to Users and Operators of Minibuses and Coaches Carrying Children
(VSE1/96)
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Abstract
Contents
- Introduction.
- Outline
of requirements.
- What
types of vehicles are affected by the legislation and when will it
apply?
- What
types of journeys are covered by the legislation?
- Who
is responsible for ensuring that the correct type of vehicle is used?
- Do
seat belts and child restraints have to be worn?
- Can
vehicles with a side or rear facing seat still be used?
- Can
a disabled person's seat belt or wheelchair still be used?
- Can
buses still be used to transport children?
- If
buses are used to transport children on an organised journey do they
need seat belts?
- What
type and standard of seat belt should be fitted?
- What
type of child restraint should be fitted?
- What
standard should seat belt anchorages meet?
- How
do I get my vehicle fitted with seat belts?
- How
can I be sure that a seat belt conversion is carried out correctly?
- Do
I need to check the condition of the seat belts regularly?
- Do
I have to inform anyone I have fitted seat belts?
- How
is the "3 for 2" concession on public service vehicles affected?
- Is
there any other advice available?
- Details
of relevant legislation and standards.
- Introduction.
The purpose of this document is to offer advice to owners, users and
operators of minibuses and coaches, on legislation requiring each
child to have a seat belt. It gives advice on seat belt standards
and answers those questions most commonly asked about the legislation.
It
is not intended to be a legal document, so should not be taken as
an official interpretation of the law - this is ultimately for the
courts to decide. Technical information on retro-fitting seat belts
is available in a document entitled Minibus
and Coach Seat Belts, Advice on Retro-Fitting Seat Belts to Minibuses
and Coaches, VSE 2/96 . Full details of the relevant legislation
are shown in Section 20 of this document.
- Outline of
requirements.
Legislation was recently made that will require a forward facing seat
with a seat belt for each child carried in a minibus or coach, when
a group of three or more children are on an organised trip (organised
trip is described in Section 4). For the purposes
of this legislation:
- a child
is a person who is 3 to 15 years of age inclusive;
- a seat belt
is a minimum of a lap belt; and
- a seat has
a minimum width of 400mm.
- What types
of vehicles are affected by the legislation and when will it apply?
The new requirements apply to minibuses and coaches, whether or not
privately owned or used for hire and reward.
For all minibuses, irrespective of age, and coaches first used from
1 October 1988 the legislation takes effect on 10 February 1997. Coaches
first used before 1 October 1988 are required to comply one year later
- 10 February 1998.
A minibus is a motor vehicle constructed or adapted to carry more
than 8, but not more than 16 seated passengers in addition to the
driver. (This definition includes less obvious vehicles such as Land
Rovers and other similar vehicles that have more than 8, but not more
than 16 seated passengers.)
A coach is defined as a type of large bus (i.e. a vehicle constructed
or adapted to carry more than 16 seated passengers in addition to
the driver) which has a gross weight of more than 7.5 tonnes and a
maximum speed exceeding 60mph.
A large bus which does not meet the weight or speed criteria of a
coach is referred to as a bus in this document. This legislation does
not apply to this type of vehicle.
Those arranging or hiring vehicles to transport children on an organised
trip may wish to seek confirmation of the type of vehicle being provided.
- What types
of journeys are covered by the legislation?
This legislation applies to a journey wholly or mainly organised to
carry a group of three or more children on a trip in a minibus or
coach.
It is not possible to provide an exhaustive list of what could be
considered as an organised trip. However, the key element is whether
the journey is undertaken to transport children. School outings, trips
by youth organisations and voluntary organisations, where transporting
the children is the key element, are all subject to this legislation.
A journey to or from school, even when accompanied or driven by parents,
and by road from one part of a school to another is an organised trip.
However, an organised trip using a normal scheduled service intended
for the general population, and which would operate whether or not
the children were travelling, would not be included.
Other exemptions include a vehicle being used wholly or mainly for
the purpose of providing a transport service for the general public,
and a vehicle being used to provide the type of registered local bus
service described in paragraph 2 of the Schedule to The Fuel Duty
Grant (Eligible Bus Services) Regulations 1985. For the former definition
to apply each journey must meet the criteria. For example, this exemption
could not be claimed on journeys undertaken by a minibus or coach
to or from school even if the vehicle is mainly operated for the general
public during the rest of the day.
- Who is responsible
for ensuring that the correct type of vehicle is used?
The driver and his or her employer would normally be legally liable
for operating a vehicle which does not comply with the requirements
of the legislation. Therefore, before undertaking a journey they should
establish whether or not the trip is wholly or mainly for children.
The person arranging the journey should also inform the vehicle operator,
in advance, that the vehicle is required to transport children.
- Do seat belts
and child restraints have to be worn?
It is important that the seat belts or child restraints which have
been fitted are worn. Children should wear a seat belt not only for
their own safety, but the safety of others in the vehicle. Parents
should actively encourage their children to wear a seat belt. When
supervising a trip, parents, teachers and supervisors, should try
and ensure that the restraints are worn. A single seat belt must not
be used by more than one child, nor should a belt be placed around
a child who is on an adult's lap. In
the front seats of minibuses, and seats in coaches which are in line
with, or forward of, the driver (but not those on the upper deck),
it is the driver's responsibility to ensure that:
- children
under 3 years of age use an appropriate child restraint;
- children
aged 3-11 and under 1.5 metres in height wear an appropriate child
restraint if available, or if not available, an adult seat belt;
- children
aged 12 and 13 and younger children 1.5 metres or more in height
wear a seat belt if fitted and available to be used.
In the rear
seats of most minibuses, i.e. those which have an unladen weight of
2,540 kilograms or less, it is the driver's responsibility to
ensure that:
- children
under 3 years of age wear an appropriate child restraint if one
is available to be used;
- children
aged 3-11 and under 1.5 metres in height wear an appropriate child
restraint if available, or if not available, an adult seat belt
if one is available to be used;
- children
aged 12 and 13 and younger children 1.5 metres or more in height
wear a seat belt if one is available to be used.
Children aged
14 years and above must wear a seat belt if one is fitted and available
to be used, and are responsible for doing so. In
the rear seats of coaches and larger minibuses there is no statutory
requirement for children to wear a seat belt or child restraint, but
they should always be actively encouraged to wear them, when they
are available.
- Can vehicles
with a side or rear facing seat still be used?
The legislation requires a forward facing seat, with a belt,
to be available for each child. Vehicles fitted with a side or rear
facing seat can still be used, but the number of children carried
will be limited to the number of forward facing seats with seat belts.
For example, a minibus fitted with 14 passenger seats of which 3 are
rear facing and 2 are side facing will be limited to carrying 9 children.
- Can a disabled
person's seat belt or wheelchair still be used?
Yes, a disabled person's belt can be used as an alternative to a seat
belt. A disabled person's belt is defined as a seat belt specially
designed or adapted for an adult or child with a disability, and intended
to be used solely by that person.
A disabled person's needs can vary considerably. Consequently, there
is a wide diversity of disabled persons' belts on the market. These
can range from a full harness to an approved adult seat belt with
additional features. As such, it is not possible to specify exactly
what type of belt would be considered a disabled person's belt and
therefore no approval marking is required for such a belt.
The legislation does not apply to children in wheelchairs. A code
of practice entitled The Safety of Passengers in Wheelchairs on Buses,
(VSE 87/1) is available free of charge from the Department of Transport,
Zone 2/01, Great Minster House, 76 Marsham Street, London. SW1P 4DR.
- Can buses
still be used to transport children?
Yes, a bus rather than a minibus or coach, can still be used to transport
children. This will still be the norm for some journeys where a bus
is the most appropriate form of transport. By continuing to allow
buses, it is not the intention that they should replace minibuses
or coaches where these would normally be chosen.
- If buses
are used to transport children on an organised journey do they need
seat belts?
No, there is no requirement for a bus to have seat belts even if it
is on an organised trip. Buses have a different pattern of use and
are generally not constructed to have seat belts fitted.
However, if seat belts are fitted it is important to ensure they are
installed correctly. In the absence of any specific legal requirements,
seat belts should be installed to comply with the European standards
for seat belts and their anchorages.
- What type
and standard of seat belt should be fitted?
The minimum requirement is for each child to have a lap belt. This
will offer protection against the child being ejected and being thrown
around inside the vehicle in the event of an accident. A three point
seat belt (lap and diagonal belt) may also be fitted (and for some
front seats this is required from new), as it is generally recognised
as offering greater protection. However, it must be understood that
for some vehicles, especially older vehicles, the only viable option
is to fit a lap belt because of the extra technical difficulties involved
in fitting a three point belt.
The only realistic way to ensure that a seat belt is safe is to:
- fit an approved
seat belt;
- ensure that
the belt is installed in accordance with the seat belt manufacturer's
instructions - to provide correct positioning of the belt across
the pelvis, and not the stomach; and
- ensure that
the anchorages are suitably strong.
An approved belt
will display one of the following approval marks:
- "e", or
"E" representing compliance with a European standard, or
- the British
Standard "Kitemark" followed by either BS3254: 1960 (no longer
issued for new approvals) or BS3254: part 1:1988.
It will also have
an individual approval number and markings to show the different features
of the belt.
When a seat belt is sold separately, it should always be supplied
with fitting instructions and, in the case of an "e" or "E" marked
belt, information should also be provided about the types of vehicle
for which it is suitable.
- What type
of child restraint should be fitted?
An appropriate child restraint can be a baby carrier, child seat or
harness. It would normally display a BS "Kitemark" or an "E" mark.
It should also have a label displaying the child's weight range for
which it is designed.
- What standard
should seat belt anchorages meet?
To ensure that seat belt anchorages can withstand the extremely high
loading that would occur in a severe accident, it is recommended that
they are fabricated to meet the European standard for anchorages,
even though this may not be a legal requirement in all cases.
The European standards
refer to M1, M2 and M3 category vehicles - these are cars, minibuses
and coaches respectively. The seat belt loading in an accident is
likely to be higher in smaller vehicles, because the deceleration
rate is greater. The anchorage requirements therefore vary according
to the category of vehicle, but in all cases the loading is extremely
high. For testing lap belts in M3 vehicles the load is approximately
equivalent to ¾ tonne and for M2 vehicles 1 tonne.
Vehicles provided with seat belt anchorages at the time of manufacture
should already be designed to an appropriate European technical standard.
However, where the vehicle does not have seat belt anchorages, they
will need to be fabricated. Anchorages can be located in a vehicle
structure, in a suitable seat frame, or a combination of the two.
It is essential
that not only the immediate area but also the surrounding area of
the anchorage is capable of withstanding any loading by the seat belt
in an accident. This is particularly important where the anchorages
are not incorporated in a strong load bearing section of the vehicle,
such as a chassis member. Where a seat belt is fastened directly to
a seat, not only the seat, but also the seat fixing to the floor and
the floor itself, must be capable of withstanding the high loads involved.
Any hard surfaces, such as grab rails on existing bus style seats,
should be well padded to prevent injury to an occupant's head.
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