Seat Belts (Amendment) Ordinance 2004

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The Seat Belts (Amendment) Ordinance, 2004

 

THE STATES, in pursuance of their Resolution of the 25th November, 1998[a], hereby order:-

 

Amendments to Ordinance of 1988.

1.      The Seat Belts Ordinance, 1988[b], is amended as follows -

 

(a)      immediately after section 9 insert the following section -

 

"Children and young people to wear rear seat belts.

9A.      (1)      Subject to subsection (4), where -

 

(a)      a child or young person aged between 6 and 14 years is in any rear seat of a motor car; and

 

(b)      a seat belt is fitted in respect of that seat and available for use,

 

a person must not without reasonable excuse drive the car on a road unless the child or young person wears that seat belt.

 

(2)      Subject to subsections (4) and (5), where -

 

(a)      a child under the age of 6 years is in any rear seat of a motor car; and

 

(b)      a child restraint conforming to the requirements set out in Schedule 4 is fitted in respect of that seat and available for use,

 

a person must not without reasonable excuse drive the car on a road unless the child wears that child restraint.

 

(3)      Subject to subsections (4) and (5), where -

 

(a)      a child or young person who is under the age of 12 years and less than 150 centimetres in height is in the rear of a motor car;

 

(b)      no seat belt or child restraint, as the case may be, is fitted in the rear of the car; and

 

(c)      a seat in the front of the car is provided with an appropriate seat belt but is not occupied by any person,

 

a person must not without reasonable excuse drive the car on a road.

 

(4)      The prohibitions in subsections (1), (2) and (3) do not apply in relation to -

 

(a)      a child or young person for whom there is a medical exemption certificate; or

 

(b)      a disabled child or young person who is wearing a disabled person's seat belt.

 

(5)      The prohibitions in subsections (2) and (3) do not apply in relation to a child under the age of 1 year in a carry cot provided that the carry cot is restrained by straps.

 

(6)      In subsection (3), "appropriate seat belt" means -

 

(a)      in relation to a child under the age of 6 years, a child restraint conforming to the requirements set out in Schedule 4; or

 

(b)      in relation to a child aged between 6 and 10 years, a seat belt conforming to the requirements of Schedule 1 and used in conjunction with such ancillary device (if any) as may be necessary in order that -

 

(i)      the child does not suffer danger or undue discomfort through wearing the belt; and

 

(ii)      the child's body would be restrained in the event of an accident to the vehicle; or

 

(c)      in relation to a young person aged between 10 and 12 years, a seat belt conforming to the requirements of Schedule 1.";

 

(b)      in section 10(1), for "or section 8" substitute ", section 8 or section 9A(1), (2) or (3)";

 

(c)      in section 14(1), insert -

 

""motor car" means a motor vehicle which -

 

(a)      is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

 

(b)      has no more than eight seats in addition to the driver's seat,

 

(c)      has four or more wheels, and

 

(d)      has a maximum laden weight not exceeding 3,500 kilograms;".

 

Citation and commencement.

2.      This Ordinance may be cited as the Seat Belts (Amendment) Ordinance, 2004 and shall come into force on 2nd August, 2004.

[a]

Article IV of Billet d'État No. XXIII of 1998.

[b]

Recueil d'Ordonnances Tome XXIV, p. 330.





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