Fixed Partition

"You cannot take children under 3 years in a vehicle without a seat belt or the correct child car seat (except in a taxi or minicab that has a fixed partition separating the front and rear seats)." Cite: RoSPA 2014

The law on car seats is about to change again - here's what you need to know. By Cathy Owen

UK law states that children must use a child car seat until they're 12 years old or 135cm/4ft 5in tall, whichever comes first.
Safety experts recommend that you use a child car seat for all children under 150cm/4ft 11in. This height is the legal requirement in Ireland and also some European countries, such as Germany and France.
Children under three must be in a child car seat. If there’s no room for a third child seat in the back of your vehicle. Children aged three or under can use the front seat but they must be in a child car seat.
You can’t take children under three on an unexpected journey in a vehicle without a seat belt or the correct child car seat. The only exception to this rule is if it's in a licensed taxi or minicab and the rear seats are separated from the driver by a fixed partition and the child travels on the rear seats.
If you ignore the law you are liable to a find of £500 if you go to court. Cite: walesonline.co.uk 26 Apr 2016

"Children can travel without a child car seat in a taxi or minicab if there is a fixed partition between the front and rear seats." Cite: BBC 27 April 2016

"You can’t take children under three on an unexpected journey in a vehicle without a seat belt or the correct child car seat. The only exception to this rule is if it's in a licensed taxi or minicab and the rear seats are separated from the driver by a fixed partition and the child travels on the rear seats." mirror.co.uk 27 Apr 2016

"If the licensed taxi or minicab has a fixed partition that separates the front and rear seats: children under 3 can travel without a child’s car seat or seat belt, but only on a rear seat : children aged 3 or older can travel in a front or rear seat without a child’s car seat if they wear an adult seat belt." warwickdc.gov.uk May 2016

"The only exception is that a child under 3 years may travel unrestrained in the rear of a licensed taxi or licensed private hire car that has a fixed partition separating the front and rear seats, if a child restraint or seat belt is not available." Cite: RoSPA 23/06/2016

"Exceptions to the child car seat law:
If the licensed taxi or minicab has a fixed partition that separates the front and rear seats:

children under three can travel without a child’s car seat or seat belt, but only on a rear seat
children aged three or older can travel in a front or rear seat without a child’s car seat if they wear an adult seat belt" Cite: Which? 2016

"What are the rules regarding carrying children in a vehicle?" "The driver of the vehicle is responsible for ensuring that children under 14 years use the seat belts or child restraints available (except in a taxi with a fixed partition)." Cite: lawexplore.co.uk 27/06/2016

"Children under three years can sit with you in the back seat of a taxi if you don't have your car seat with you, provided that the taxi has a fixed partition between the front and back seats. At all other times, or if you're using a taxi that doesn't have a fixed partition, your child will need to be in his car seat, even for short journeys." Cite: babycentre.co.uk 27/06/2016

Legislation from 19th Feb 2016 to 23rd June 2016:

Quote: Andrea H(60) Member Join Date Sep 2007
"I have copied this from the Goverment website": https://www.gov.uk/child-car-seats-the-rules/when-a-child-can-travel-without-a-car-seat

"2. When a child can travel without a car seat
A child can travel without a child car seat in some circumstances.

Taxis and minicabs (private hire vehicles)
If the licensed taxi or minicab has a fixed partition that separates the front and rear seats:
- children under 3 can travel without a child’s car seat or seat belt, but only on a rear seat
- children aged 3 or older can travel in a front or rear seat without a child’s car seat if they wear an adult seat belt
You must follow the normal rules for using a child car seat or booster seat if the vehicle doesn’t have a fixed partition."
Cite: netmums.com 12th May2016

Legislation up to 19th Feb 2016 and after 23rd June 2016:

"Child car seats: the law When a child can travel without a car seat
A child can travel without a child car seat in some circumstances.

Taxis and minicabs (private hire vehicles)
If the driver doesn’t provide the correct car seat, children can travel without one - but only if they travel on a rear seat:

and wear an adult seat belt if they’re 3 or older
without a seat belt if they’re under 3"
Cite: gov.uk 23rd June 2016

Conclusion:

The term: 'Fixed Partition' was inserted on Friday 19th February 2016 and mysteriously removed again on Thursday 23rd June 2016

Around 175,000 UK and over 1,000,000 EU PHV/Minicab operatives have the mistaken belief that if they have a 'Fixed Partition' in their vehicle then this absolves them from using a seat belt or child restraint whilst carrying children thereby making them unknowingly commit an illegal act and liable for a fine of up to £500.

Q. Why was the term 'Fixed Partition' removed?

Q. Who is the person or department responsible for this change in the law?

Q. Are enforcement officials also unaware of this change in the law - Police, HSE, etc?

Q. Could the bodies quoted above be held accountable for providing false and misleading information?

Q. Were these bodies advised of this change in the law after only 4 months?

Q. What are the implications for the insurance industry?

For further consideration:

Section 15(3A) of the Road Traffic Act 1988 www.cambridge.gov.uk

Foster Carers Handbook December 1st 2003 bradford.gov.uk

Child Restraints – The New Law 18th September 2006 eaststaffsbc.gov.uk

It is impracticable to expect the right child seat or booster to be available in a taxi unless parents have brought one with them. Therefore, there is an exception so that if child restraints are not available in a taxi:

under 3s may travel unrestrained but in the rear only;
those 3 years and above must use an adult belt in the rear seat only.
Remember that a child up to 135 cms in a front seat of any vehicle must use the correct child seat or booster.

The driver of the taxi is responsible for seat belt wearing by children under 14 years (except in taxis with fixed partitions).
Cite: somerset.gov.uk

LEGISLATIVE OVERVIEW
Regulations governing the use of child car seats came into force on 18 September 2006 requiring children who are
passengers in vehicles to use a child restraint as follows:
"The driver of the vehicle is responsible for seat belt wearing by children under 14 years (except in taxis with fixed partitions)."
Cite: plymouth.gov.uk

Contacted the DfT 1/7/16: https://www.gov.uk/government/organisations/department-for-transport Contact: Jamie.Fleet@dft.gsi.gov.uk

Road Traffic Act 1988

S15(3) – Except as provided by regulations, where –

a child under the age of 3 years is in the rear of a motor vehicle, or
a child of or over that age but under the age of fourteen years is the in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,

a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with the regulations.

Reg 9 – The following classes of vehicles are exempt from the prohibition in section 15(3) and (3A) of that Act, that is to say –

large buses;
licensed taxis and licensed hire cars in which (in each case) the rear seats are separated from the driver by a fixed partition.

Reg 2 defines a “licensed hire car” and a “licensed taxi” as the meaning given in S13(3) Transport Act 1985. This relates to the fact the vehicle must be licensed.

Mon 1st August 2016 Jeff.Gilmore@dft.gsi.gov.uk Tel: 002079444300

"A driver can be fined up to £500 if a child under 14 does not wear a seat belt or child restraint. Anyone 14 and over not wearing a seat belt must pay the fine themselves. There are exceptions. For example, children can travel without a child car seat in a taxi or minicab if there is a fixed partition between the front and rear seats." Cite: BBC 2nd Dec 2016