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Thread: Question about seatbelts for the police or anyone who can answer it?

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    Regular Member mc_orion's Avatar
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    Default Question about seatbelts for the police or anyone who can answer it?

    Got a slight query here, and not sure who or where to ask so here goes:

    I work with adults with learning disabilities and one of the clients has sever autism and does have occasional fits, we sit him behind the passenger seat in the people carriers as he has no-one in fron tof him to grab hold of, which he can do very occasionally, but the question i would like an answer to is this:

    With regards to seat belt laws, can the passenger not have to wear a seatbelt to assist the client when he has the fits?


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    Full Member neverlandandy's Avatar
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    dont think so mate think you would have to stop even use the hard shoulder as it would be deemed an emergency i too would be interested to find the relevant law on this as i do the same sort of work my managers have always told our staff to wear seat belts at all times .

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    Ex Vec-C Admin / Founder Duncan's Avatar
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    I wouldn't think so either. I think only the client 'may' be able to be exempt on medical grounds (if needed to be and with the right certificate), but not any carer with them. I'm sure one of the traffic boys will soon verify.

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    Regular Member iain.condliffe's Avatar
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    No i'm pretty sure the carer should wear a belt.

    Its not one of the exceptions that the RTA lists as far as I know, but then, I'm only a beat bobby!!

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    Regular Member John35's Avatar
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    Passenger must wear it. This will be for your safety as well. Wouldn't want a adult to hit you at 30mph.

    The adult with learning disabilities must also wear one unless a doctor has issued a a Medical exemption form. I doubt they would on this occasion as the fits are few and far between.

    Attached is the DOT guidance to doctors on the subject of the issue of medical exeptions.

    http://www.thinkroadsafety.gov.uk/ad...n-guidance.pdf

    Probably safer for all car users if you wear the seatbelts.

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    Regular Member mc_orion's Avatar
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    Though so, cheerz all that answered, i ws just wondering if he was to have a seizure the person sitting next to him would have to move to help him while the driver (me) is trying to stop & control the car...

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    Regular Member Ste's Avatar
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    In fairness, is the few seconds between stopping and removing belt and helping going to achieve anything??

    From my experiences with people convulsing, a few seconds at the start is hardly going to have any marked difference in the end outcome.

    I would say that the risks of not wearing a belt full time far, far outway the risks of assisting your client.

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    Regular Member mc_orion's Avatar
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    Quote Originally Posted by Ste View Post
    In fairness, is the few seconds between stopping and removing belt and helping going to achieve anything??

    From my experiences with people convulsing, a few seconds at the start is hardly going to have any marked difference in the end outcome.

    I would say that the risks of not wearing a belt full time far, far outway the risks of assisting your client.
    Yea i know where your coming from mate, i was just askng for my boss, i was pretty sure of the answer anyway, i was just checking myself, so i knew what i was on about when telling her.

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    Ex Vec-C Admin Stevel's Avatar
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    I'm sure the missus will have a view when she next logs on. It's her job too.

    She used to drive a minibus for days out with the clients. I think they have RA for transport issues.

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    Regular Member Jamie's Avatar
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    The law does not allow an exemption in this circumstance. The only exemption not included in the road traffic act, which is covered by other acts, is the exemption for emergency services personal, who are exempt from wearing a seatbelt while in the execution of their duty, and taxi drivers, who are exempt as long as they are carrying fare paying passengers.

    The exact wording of the Road Traffic Act 1988, in relation to adult passengers and exemptions, is as follows.


    From : http://www.opsi.gov.uk/acts/acts1988...#pt1-pb4-l1g14

    14 Seat belts: adults
    (1) The Secretary of State may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed.
    (2) Regulations under this section—
    (a) may make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances,
    (b) shall include exceptions for—
    (i) the users of vehicles constructed or adapted for the delivery of goods or mail to consumers or addresses, as the case may be, while engaged in making local rounds of deliveries,
    (ii) the drivers of vehicles while performing a manoeuvre which includes reversing,
    (iii) any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt,

    (c) may make any prescribed exceptions subject to such conditions as may be prescribed, and
    (d) may prescribe cases in which a fee of a prescribed amount may be charged on an application for any certificate required as a condition of any prescribed exception.
    (3) A person who drives or rides in a motor vehicle in contravention of regulations under this section is guilty of an offence; but, notwithstanding any enactment or rule of law, no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.
    (4) If the holder of any such certificate as is referred to in subsection (2)(b) above is informed by a constable that he may be prosecuted for an offence under subsection (3) above, he is not in proceedings for that offence entitled to rely on the exception afforded to him by the certificate unless—
    (a) it is produced to the constable at the time he is so informed, or
    (b) it is produced—
    (i) within seven days after the date on which he is so informed, or
    (ii) as soon as is reasonably practicable,
    at such police station as he may have specified to the constable, or
    (c) where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.
    (5) For the purposes of subsection (4) above, the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.
    (6) Regulations under this section requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of fourteen years.

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