Keeping children safe at all times

Keeping children safe at all times

A child safety seat can make all the difference

Sadly, road collisions are still a leading cause of accidental death to children and young people. In-car safety is crucial to help minimise injuries and save lives.

Quick facts

Children must use an appropriate restraint either until the age of 12 or a height of 135cm, whichever comes first.

  • In a collision, children are much more vulnerable

  • It’s a serious offence not to use the correct car seat

  • Understanding the range of options is important

  • Second hand car seats are not recommended

Key information

Why are children so vulnerable?

Children are not just small adults. Their anatomy is different and vehicles are not always designed with them in mind.

When children are not properly restrained in the right car seat, even on the shortest of journeys, the impact can be devastating.

Scottish law on child safety in a vehicle

  • Children must use a car seat until they’re 12 years old, or 135cm tall – whichever comes first
  • Children over 12 years, or over 135cm tall, must wear an adult seatbelt
  • The child seat must be right for the child’s weight/height and compatible with the vehicle

What are the exemptions?

In certain situations, if a restraint is not available, a child over 3 years old can travel in the back seat but they MUST use an adult seatbelt – if there is one. The situations can be:

  • In a licensed taxi/private hire vehicle
  • For a justifiable reason of unexpected necessity – for a short journey only
  • If two occupied restraints stop the fitting of a third
    • In this case, the child should travel in the front passenger seat using a seatbelt with the passenger airbag turned off

Doctors can also issue an exemption certificate if a child’s not able to use a restraint or seatbelt due to a medical condition.

What are the penalties?

It’s the driver’s responsibility to make sure that anyone under 14 years old is travelling safely in a car. If they don’t meet that responsibility they could be:

  • Prosecuted if the child’s not secured in a correct child restraint or seatbelt
  • Given a fixed penalty, or possibly penalty points
  • Given less compensation if there’s a collision

Along with seatbelt legislation, there’s a separate law to address carrying passengers in a dangerous manner. This much more serious offence carries a fine of up to £2,500 and three penalty points.

Understanding car seat regulations

There are currently two different sets of regulation for child car seats and law applied depends on which regulation a car seat is approved to.

The two regulations are:

  • UN Regulation No. 129 (R129); OR
  • UN Regulation No. 44.03 (R44.03) or UN Regulation No. R44.04 (R44.04)

Additionally, child car seats conforming to the older UN Regulation UN Regulation No.44/03 (R44.03) are still legal to use.

UN Regulation No. 129 (R129)

  • Children cannot legally forward face until they are at least 15 months and 76cm tall
  • Seats approved to R129 are subject to mandatory front, rear and side impact tests
  • Seat classification for R129 is based on age/height

The height groups are:

  • newborn to 85cm (0 to around 15 or 18 months)
  • newborn to 105cm (0 to 4 years)
  • 61cm to 105cm (15 months to 12 years)
  • 100cm to 135cm (4 years to 12 years)

UN Regulation 44.04 (R44.04)

  • This type can be fitted either with ISOFIX, or using a seatbelt
  • Seats approved to the previous amendment UN Regulation 44.03 (R44.03) are still legally approved for use
  • Seat classification for R44.04 seats are based on age/height
  • Children can legally forward face from 9kg
  • Seats approved to R44.04 are subject to mandatory front and rear side impact tests only

The weight groups are:

  • Group 0 0kg to 10kg
  • Group 0+ 0kg to 13kg
  • Group 1 9kg to 18kg
  • Group 2 15kg to 25kg
  • Group 3 22kg to 36kg

Important update: R44 child seat approvals ended in Europe in September 2023, preventing the sale of these child seats in European Union countries from 1st September 2024. Following Brexit, this does not apply to Great Britain and retailers are still currently legally allowed to sell them with no cut off date as yet.

Putting a child seat in a vehicle

There are a huge range of child car seats on the market. However, there are only two ways they can be installed in vehicles:

  • ISOFIX
  • Vehicle seatbelt

ISOFIX
ISOFIX seats are secured using two connectors which make a physical connection with the chassis of the vehicle. If the seat uses either a three point or five point harness you will also need to use an additional anti-rotational device in the form of either a foot prop or top tether.

  • Once correctly installed, the indicators on the left and right connectors will turn from red to green
  • Caution must be used when fitting a car seat into a vehicle which has underfloor store
  • If the vehicle has underfloor storage, you MUST consult both the car seat and vehicle manufacturers handbook to ensure they permit the use of an ISOFIX seat with a foot prop

Vehicle seatbelt

  • Car seats, which are installed using the vehicle seatbelt, will have coloured guide to denote the routing path
  • In R44.03/R44.04 seats, the belt path is coloured blue for rearward-facing seats and red for forward-facing seats
  • In R129 seats, the belt path is coloured green irrespective if the seat is fitted front- or rearward-facing
  • You must ensure the vehicle seatbelt is routed correctly and the belt webbing is tight and free of twists. Please refer to the car seat handbook for fitting instructions or use the diagrams printed on the shell of the car seat

If fitted correctly, both ISOFIX and belt-fitted seats are equally safe. However if they are not correctly installed, they will not offer the maximum safety benefits in the event of a collision.

What does ISOFIX mean?

  • ISOFIX stands for the ‘International Standards Organisation FIX’ and allows you to safely secure child and baby seats into your vehicle
  • ISOFIX is a system that’s available in most vehicles
  • The child seat plugs into connectors welded to the chassis of the vehicle. These are located where the seat and the back rest meet
  • ISOFIX seats also have a secondary anti-rotational device – a foot prop or top tether which MUST be used
  • With ISOFIX you don’t need to use seatbelts to secure the seat
  • Most cars have labels where the ISOFIX points are (or check the vehicle’s handbook)
  • ISOFIX seats must be approved by the seat manufacturer for use in your vehicle
  • Check the compatibility list online before you buy

Where to buy?

If possible, buy from a retailer with trained in-store staff. This helps to make sure the seat is compatible and fits properly. There are a few things worth keeping in mind:

  • A good retailer will ask questions, so they can work out which seat is right for you
  • They should also show you how to properly fit the seat
  • When you’re buying online, always check vehicle compatibility
  • Make sure the seat meets either the ECE Regulation 129 (i-Size) or ECE R44.04 standard
  • Always check the refund policy before buying – just in case the seat’s not right

Buying a carseat

If you’re buying a child car seat, there are a few key things you need to know first:

  • Your child’s age, weight and height
  • Details of all the vehicles the child seat will be used in
  • Whether the vehicle is ISOFIX or i-Size compatible

We’d highly recommend buying in person from a retailer with trained staff who can help with your options and show you how to fit the car seat.

What about second hand car seats?

If you buy second hand, there are serious risks involved:

  • There could be hidden damage from a previous collision
  • Older technology might not be legal anymore – for example ECE R44.01 and ECE R44.02 seats
  • Parts could be missing
  • You might not get the car seat manufacturer’s guide

If you do buy second hand…

  • Only accept one from a trusted family member, or friend with a verified history
  • Do your own visual check for damage
  • Make sure it is compatible with ECE R44.04, or i-Size regulations
  • Make sure all parts are included and working properly
  • Check for the manufacturer’s instructions
  • Make sure it’s right for your child’s weight/height
  • Make sure it fits your vehicle properly
  • Check the age date on the seat – if it’s more than 7 years old you shouldn’t use it

Don't forget the airbag

It is illegal to fit a rearward-facing child car seat in the front passenger position with an active airbag.

If fitting a front-facing child car seat in the front passenger position, please refer to both the vehicle and car seat handbook for advice regarding the use of the front passenger airbag and put the vehicle seat in the recommended position.

What happens if you’ve had a collision?

If your vehicle’s involved in an collision, although the seat may look good, there could be a number of serious issues with it:

  • There could be damage to the seat body
  • The buckles or harness belts could be compromised through the force of the impact

The child safety seat should be replaced as soon as possible. Check your insurance as it might cover the replacement costs.

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