Safety first

Child car seats are the best way to prevent death and serious injury to children in cars, yet almost 25% of parents never use an appropriate car restraint for their child.

But that's set to change, as from September 18 far more stringent laws come into force which mean parents will be forced to carry all child passengers in appropriate restraints until they're aged 12, or at least 135cm (4ft 5ins) tall. In addition, the new laws mean it will be illegal to carry children in a rear-facing child restraint in a car seat with an active frontal airbag.

Currently the law only requires parents to carry children under the age of three in proper car seats, with children aged three to 11 only needing to use car seats 'when available'.

Simon Ettinghausen, chairman of the Local Authority Road Safety Officers' Association, says: "There are still far too many children not using child restraints in cars, or using adult seatbelts, which aren't designed for children.

"This law will keep children safe by ensuring they're properly restrained right up until they're 135cms tall."

Ettinghausen says some parents may protest at having to put older children in restraints again, but he stresses that they should be concerned about their children's safety.

"There are a lot of benefits to this, and it's estimated that it could prevent 2,000 casualties a year."

The THINK! road safety campaign, which is currently running an advertising campaign to highlight the new laws, warns that if parents don't comply, they could get a £30 fixed penalty notice, or a maximum fine of £500 if a case goes to court.

Many parents will now have to buy car restraints for their children, and Halfords, Mothercare and Toys R Us are offering special deals on car seats and booster seats until the end of September. Many such stores have specially-trained staff who can advise on the best car seat for a child and demonstrate how to fit it.

Before buying, parents should make sure the seat is suitable for their child's weight, and once bought, should ensure it's securely fitted. If the child often travels in more than one vehicle, it's also important to check the restraint fits each car so it can be moved between them.

To order a leaflet outlining the changes, call 08000 327 252, or visit www.thinkroadsafety.gov.uk

If the new legislation has left you feeling a bit confused, you're not alone.

Mr Elphick of the Baby Carriage, Trowbridge, stresses the importance of finding the right seat for your child. Mr Elphick says, " Booster seats leave children vulnerable in side impact accidents and in collisions from the rear if their head is higher than the car seat back.

"A child who is under 1.35 metres and 12 years of age must by law be using an appropriate child seat.

"The safer option is a seat that has built-in support for the body and a sliding headrest that has been side-impact tested to protect the head.

It will accommodate children up to 1.5 metres in height or 36 kilograms and keep the car safety belts aligned correctly.

"Unlike a basic booster seat they don't allow the diagonal belt to slip off the shoulder or wrap around the neck if they were to move or fall asleep.

"In a vehicle with certain air bags there is also the risk of deployment in an accident allowing the air bag to come into contact with the child." When purchasing a new car seat, it's best to go to an expert who can help you with your requirements.

Leading car seat manufacturer Britax has included information on their website to help parents get to grips with the legislation. Paul Fleming, managing director of Britax Europe, says: "As the European leader in child car seats we have always campaigned for maximum safety for children when travelling. We are delighted this new legislation has been introduced. It will have a significant affect in increasing levels of safety and it is estimated that its introduction on September 18 will save 2000 child casualties every year.

"To help people adjust to the changes we have created a legislation page on our website at www.britax.eu with full information on what the law entails along with a fit finder service to help you find the perfect car seat for both your child and car."

The New Law

The changes mean that all children under the age of twelve travelling in cars or goods vehicles must be restrained in an appropriate child car seat until they reach 135cm in height (about 4ft 5ins - the average height of a nine year old child).

Child restraints is the collective term for:

• Baby seats: rear-facing and for children up to 13kgs (approx birth to 9-12 months)
• Child seats: forward facing and for children 9kgs to 18kgs (approx 9 months to 4 years)
• Booster seat: for children 15kgs to 25kgs (approx 4 years to 6 years)
• Booster cushion: for children age 6 years and up
  

The fact that the law refers to the height of the child in one instance and its weight in another has created some confusion. The law is based on the height threshold of 135cm; the weight guide is merely given to help parents purchase the "appropriate restraint" for their child based on the criteria used by car seat manufacturers.

What protection do child restraints give?

Baby seats, child seats and booster seats envelope the child in the event of a collision offering full side impact protection.

Adult seat belts are designed for those over 150cm in height with an adult bone structure. Booster cushions put the child in the right position to benefit from the adult seat belt properly.

The lap belt element of an adult seat belt needs to go as low as possible over the stomach. Therefore a child needs to be boosted up so the adult belt fits properly. If not, the seat belt sits too high over the child's stomach risking damage to its internal organs in the event of a collision. There is also a risk that the child will sustain neck injuries as a result of wearing an adult seat belt alone.

Exceptions to the law

• Children to use child restraints except in taxis

The DfT believes it is unreasonable to expect taxis to always have the correct number and size of child restraints; and those travelling with children can't always provide their own.

• Additional exemption in emergency vehicles

The Directive allows an exception for a child being carried in a vehicle being used for police, security or emergency services if no child restraint is available. Emergency vehicles may need to carry children at short notice in difficult circumstances when they are unlikely to have access to the appropriate child seat.

• What if I can't fit three child seats into the back of my car?

If the car has three seat belts in the back, and two child seats prevent a third being fitted, a child aged three and over will be allowed to use an adult belt.

• Exemption for occasional journeys over short distances where insufficient child restraints are available

This exemption is intended to deal with occasions when someone has unexpectedly to carry a child for a short distance for whom an adult belt was available rather than a child restraint The Department has decided that the regulations need to include this exemption in order to provide for those occasions where the alternative might be to leave a child at risk simply because a child restraint was unavailable. It will be for the courts however to interpret the law should any case arise.

Who is responsible?

The driver of the vehicle will be legally responsible for making sure children under 135cms use the appropriate child restraint. Those who break the law will face a £30 fixed penalty notice or a maximum fine of £500 if the case goes to court. Penalty points are not applicable.