The law can sometimes feel frustrating, but choosing not to wear a seat belt in a high-speed collision can lead to far worse outcomes, serious injury or even death. You could hit the dashboard, be injured by an airbag, or even be thrown from the vehicle. That’s why the Fire Service lists seat belts as one of the ‘Fatal Four,’ and why common sense, and the law, dictates their use.
Criminal liability under motoring law falls on drivers or adult passengers who don’t wear a seat belt. However, if you manage fleet vehicles or employ drivers, you still hold a duty of care. Key legislation like the Road Traffic Act and the Motor Vehicles (Wearing of Seat Belts) Regulations enforce this responsibility.
Although seat belts are now second nature for most, there are still some who bypass them, particularly for convenience, like delivery drivers who are constantly stopping and starting. As a result, there’s a specific exemption for drivers of goods vehicles making deliveries where stops are less than 50 metres apart.
However, this exemption must not lead to complacency. Measuring 50 metres accurately is difficult and subject to enforcement interpretation. If a pattern of non-use is identified, both driver and employer may come under scrutiny. Employers should, therefore, include clear seat belt policies in handbooks and training. Fixed penalties, court appearances, and points on a licence are just some of the consequences, alongside potential insurance issues.
Enforcement cameras can also catch offenders, so it’s not enough to buckle up only when you spot a police car.
Legal exemptions for not wearing a seat belt
The law requires all drivers and passengers to wear seat belts unless specific exemptions apply:
- Reversing or supervising a reversing learner driver
- Vehicles used by emergency services
- Passengers investigating faults in trade vehicles
- Goods vehicles making deliveries less than 50 metres apart
- Licensed taxi drivers “plying for hire”
- A licensed taxi driver or a driver of a private hire vehicle who is carrying passengers
- Drivers or passengers with certified medical exemptions
- Private hire vehicles include minicabs, limousines, and chauffeur services.
For medical exemptions, a certificate from a doctor must be obtained and carried.
Seat belts in the workplace
Employers must consider the unique requirements of their drivers and vehicle types. For instance, you may choose to enforce seat belt use even on private property or across multiple work sites, regardless of whether the law requires it.
When developing policies, consider:
- Requiring all drivers and passengers to wear seat belts unless exempt
- Clarifying that drivers are responsible for ensuring compliance before driving
- Applying policies to all work vehicles, regardless of usage area
- Requiring prompt reporting and repair of seat belt defects
Enforcement and disciplinary actions
Define how non-compliance will be handled. Will it result in verbal warnings, written warnings, suspension, or termination? Set expectations clearly and enforce them consistently.
Education and Training
Training is essential to ensure all employees understand the importance of seat belt use. Include initial onboarding sessions and regular refresher courses. Employees should be encouraged to report any breaches of the policy to reinforce a culture of safety. Use the law as a framework to build a strong, safety-first policy for your drivers. Wearing seat belts saves lives, protects employees, and keeps your business on the right track.
By Mike Hayward, Head of Regulatory & Dispute Resolution at Woodfines Solicitors
Contact Woodfines Solicitors on their website.
