TAXI INSURER: What’s the legal position on taxi drivers and passengers wearing seatbelts?

I recently got into a cab in the Netherlands and was surprised to discover that the driver wouldn’t pull away until I’d fastened my seatbelt. Why did that surprise me? Because it’s never happened to me in the UK!

Whenever I’ve asked British taxi drivers why they haven’t asked me to fasten my seatbelt before we’ve set off, they’ve explained that passengers complain that seatbelts are too uncomfortable to wear. In the worst-case scenario, drivers are verbally abused.

So, what is the legal position on seatbelt use in taxis and private hire vehicles (PHVs) in the UK?

LEGAL REQUIREMENTS

It is the responsibility of the vehicle proprietor or licensed driver to ensure children (anyone under the age of 14) wear the appropriate restraint for their age and height.

Children under three years old being carried in the front seat must wear an appropriate child restraint. If it’s a rear-facing child restraint, the front airbag must be deactivated before the journey begins. Children can be carried in the rear seat but must wear an appropriate child restraint

if one is available.

Children between the ages of three and 11, or those under 1.35 metres tall, must wear an appropriate child restraint. If one isn’t available, they must wear an adult seatbelt.

Children aged 12 or 13 years, or younger children taller than 1.35 metres, must wear an adult seatbelt.

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All passengers aged 14 years and older are required by law to wear an adult seatbelt. It’s the passengers’ responsibility to ensure they’re buckled up. If not, they’re committing a criminal

offence.

If caught without a seatbelt, passengers face an on -the-spot fine of £100. If the matter goes to court, the maximum fine could be as high as £500.

FIXED PARTITION EXEMPTION

However, it’s important to note that the regulation above doesn’t apply to all taxis. Section 9 of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (MV Regulations) states that buses, licensed taxis and hire cars with “a fixed partition” are “exempt from the prohibition” in section 15(3) and 15(3A) of the Road Traffic Act 1988 (RTA 1988).

A fixed partition refers to the physical barrier between the driver and the passengers in some taxis. Consequently, if the taxi in question features a fixed partition, under the MV Regulations, the driver would be exempt from the prohibitions in section 15(3) and 15(3A). In other words, section 15(3) and 15(3A) of the RTA 1988 do not apply to the vehicles noted in section 9 of the MV Regulations i.e. there are no rear-seat seatbelt regulations for children under the age of 14 in licenced taxis fitted with a fixed partition. Therefore, there is no legal requirement for children under the age of 14 sitting in the rear seats of this type of taxi to wear a seatbelt.

Notwithstanding this, children between the ages of three and 14 should ideally still wear adult seatbelts where possible for safety reasons, but it is not illegal for a taxi equipped with a fixed UK partition to be driven if those children are not wearing seatbelts.

TAXI DRIVER EXEMPTION

While not wearing a seatbelt can also land regular drivers with a £100 fine, if you’re a taxi or PHV driver you are exempt from this rule in certain circumstances. The rule requiring drivers to wear a seatbelt doesn’t apply to a licensed taxi driver when they’re seeking hire, answering a call for hire or carrying a passenger for hire. However, when not working, they must wear a seatbelt.

When working as a PHV driver you don’t need to wear a seatbelt if you’re carrying a pre-booked passenger. However, you should still wear a seatbelt at all other times.

The reason behind these exemptions is two-fold:

1. Drivers are less likely to be assaulted. Passengers can’t hold the belt and pin drivers to their seat while they assault or rob them.

2. It’s easier for drivers to move in and out of their vehicle to guide passengers and help them with

their luggage.

Of course, just because drivers may be exempt, it doesn’t mean they can’t wear their seatbelts anyway. In the event of an accident, it could make the difference between a minor injury and a fatality.

Even though taxi and PHV drivers are exempt from wearing seatbelts, DfT figures show that 91.6% of PHV drivers and 55.4% of taxi drivers still choose to wear them, which is pleasing to hear.

INSURANCE IMPLICATIONS

So how does not wearing a seatbelt affect insurance claims? Well, any passenger injured in an accident while not wearing a seatbelt is likely to be accused of contributory negligence and see their personal injury claim impacted.

Article by: David Sweeney, Taxi Insurer Head of Taxi Broking