Caravan Guard Insurance Blog

13 Responses to “Motorhome seat belt regulations explained”

1. deborah, on May 7th, 2011 at 5:52 pm
   

   

   can you please clear this up? Seatbelt law seems a bit fuzzy and so does insurance. I just read an entire policy of yours to see that breakdown cover abroad isn’t covered if ‘the vehicle is carrying more passengers than designed for’
   Can you confirm? We will travel through France in a brand new van in July and only have 4 seltbelts but 5 passengers! There is a side facing seat as above. You say it is dangerous, but is it covered. (we have actually arranged for 2 of the passengers to fly down to meet us actually) but want to know if it is legal to go out on day trips?? and not just legal but ‘covered’. Thank you
2. Heather, on May 25th, 2011 at 11:09 am
   

   

   Hi Deborah

   Sorry for the delay in our response.

   We queried this with the Department of Transport in May 2008 and their response was as follows:

   “There is no current legal requirement to have seatbelts fitted to side facing seats, or seats that make up the accommodation area in the rear of motor caravans, which are normally used only when the vehicle is stationary. However, The Department for Transport advice is that passengers are safest in a forward or rearward facing seat equipped with a lap belt or preferably a three point belt.

   Although it is not generally illegal to use side facing seats, with or without seatbelts, we would not advise that they are used. Seatbelts are not designed to be used with sidefacing seats and, although they may help to prevent the wearer being ejected or thrown around the vehicle, in a frontal crash they can increase injury risk by subjecting vulnerable parts of the body to higher loads than seatbelts used on forward facing seats.

   If you intend to carry children aged 12 years or under, the seatbelt wearing regulations which came into force on 18 September 2006 require them to use a suitable child restraint. You should bear in mind that child restraints cannot be fitted to side facing seats.

   There is no specific legal limit to the number of passengers carried in a motorhome. However, the manufacturer will probably specify the maximum number that the vehicle is designed for. If that number is exceeded, Regulation 100 of the Road Vehicles (Construction & Use) Regulations 1986 may apply. In summary, this regulation states that: “A motor vehicle, and all its parts and accessories; the number of passengers carried, and the manner in which any passengers are carried in or on a vehicle; and the weight, distribution, packing and adjustment of the load of a vehicle, to be at all times such that no danger is caused, or is likely to be caused, to any person in or on a vehicle or on a road.

   European legislation (2005/39/EC) has been adopted that prohibits the installation of side facing seats in new vehicles, which must comply with the European Whole Vehicle Type Approval Regulations. At this time, motorhomes do not need to comply with this. However, from 29 April 2012, motorhomes will be covered by the extended European Whole Vehicle Type Approval Regulations, which will prohibit the use of side facing seats in motorhomes whilst the vehicle is travelling. Travelling seats will then need to be clearly identified to users by a pictogram or sign. It is also likely that the appropriate Regulations within the Road Vehicles (Construction & Use) Regulations 1986 will be amended to prohibit the use of side facing seats when travelling in the near future.”

   We are not 100% certain that this information remains correct but have emailed the Department of Transport to check and will submit any further information received. If the information remains valid, obviously from a UK point of view it would not be illegal to use the side facing seat without a seatbelt to transport a 5th passenger even though it is not advisable. That’s subject to you not contravening Regulation 100 of the Road Vehicles (Construction & Use) Regulations 1986.

   Our underwriters RSA concur with the DOT’s 2008 advice. They say that “You and your husband must keep to the law relating to seatbelts, however the law in the UK doesn’t insist on the wearing of seatbelts where none is fitted. This makes the checking of French law even more important!”

   Obviously we cannot advise on French seatbelt legislation – if you have a sound understanding of the French language you could try the French Ministry of Transport’s website at http://www.developpement-durable.gouv.fr/-Transports,1310-.html.

   Providing your motorhome insurance policy has the European cover option selected your insurance cover will stand even whilst carrying the additional passenger. If you are unsure whether you have our European cover option selected or not please refer to your policy schedule or call us on 01422 396 777 so we can check this for you. We hope you have a great trip.

   We don’t have any exclusions or conditions around the wearing of seatbelts. But please remember to take all reasonable steps.

   All Insured Persons must
   a) observe the terms and conditions and exclusions of this insurance
   b) take all reasonable steps to try to prevent any incident that may give rise to a claim
   c) take all reasonable steps to minimise the amount payable under this insurance

   Kind regards

   Heather Robinson
   Caravan Guard
3. Rose Hinds, on August 10th, 2011 at 2:19 am
   

   

   Do these regulations pertain to Canadian laws particularily Ontario
4. Heather, on August 10th, 2011 at 9:35 am
   

   

   Hello Rose, these regulations apply to UK Law. We wouldn’t be able to comment on the regulations in Canada as it’s not a country that we can insure our customers’ motorhomes.

   You may find some information on this site: http://www.rvda.ca/default.asp?action=RVDA_regulations

   Sorry we couldn’t be of more help
5. chelsea ambrose, on August 16th, 2011 at 9:37 pm
   

   

   are you allowed 7 people in a 6 berth camper van ?
6. Heather, on August 17th, 2011 at 9:35 am
   

   

   Hi Chelsea

   That would depend on the number of seats including any travel seats and whether the correct seat belts are fitted. See above response where it reads:

   There is no specific legal limit to the number of passengers carried in a motorhome. However, the manufacturer will probably specify the maximum number that the vehicle is designed for. If that number is exceeded, Regulation 100 of the Road Vehicles (Construction & Use) Regulations 1986 may apply.
7. Coral, on September 15th, 2011 at 12:31 pm
   

   

   Are 2point belts OK for childen to use in the back of a motorhomr?
8. Livvy, on January 28th, 2012 at 4:28 pm
   

   

   So in a motorhome if you had the front with a few seats then beds in the middle and then seats at the back as well would everyone at the back have to have seatbelts? I was assuming they would have to, but I was wondering specifically. And because you have to have seatbelts is it illegal to lay in the beds whilst moving?
9. Richard, on March 2nd, 2012 at 8:03 pm
   

   

   Hi, thanks for the very informative post.
   Has there been any update with regard to the extended European Whole Vehicle Type Approval Regulations you mentioned taking affect 29th April 2012?
   will this impact ALL motorhomes or just those built after this date?
   thanks
10. carol stafford, on April 23rd, 2012 at 5:53 pm
    

    

    Hi I have just purchased a 1998 fiat ducato motor home is it possible to have seat belts fitted in the rear of the vehicle it is a u shaped lounge area with 2 single beds or one large double as i would like my son and his family to be able to use the motor home i want to have seat belts fitted for my grandchildren in the lounge area.
11. James Johnson, on July 1st, 2012 at 10:30 am
    

    

    I have done a litle research into driving in France without seatbelts and I’ve found the following from here:
    http://www.securite-routiere.gouv.fr/article.php3?id_article=3155

    and here:
    http://www.securite-routiere.gouv.fr/article.php3?id_article=3492

    Sorry for the translation.
    [quote]
    Seat belt: compulsory front and rear, 1 person = 1 seat belt = 1
    Since 2005, the driver is responsible for seat belt or a retainer adapted to all passengers aged under 18.

    The lack of seat belt use remains a major killer on the road. Today is the back that is most often found. In 2007, 393 lives could be saved if 100% of users had buckled up.

    For maximum safety, the belt should be adjusted.

    You should keep certain devices to loosen the belt. Indeed, they diminish its effectiveness, resulting in injury risks in case of impact. Instead, automakers improve the performance of traditional belts by installing systems pre-tension the belts that tighten and strengthen its ability to secure the body with the seat of the car.

    Since 1 January 2008, each passenger must occupy only a place equipped with a safety belt.

    This is essential for the safety of children who can no longer share the same place, hitherto tolerated practice.
    [/quote]

    And specifically relating to rear seats WITHOUT fitted seatbelts.
    [quote]
    All or part of our car seats are not equipped with seatbelts. Can we continue to transport our children to these places?
    In case your vehicle (old) is not equipped with seat belts for rear seats, you can still carry children older than 3 years without being restrained by an appropriate, but this practice is strongly discouraged for safety of young passengers.

    By cons, a child under three years can no longer be installed on site without a seat belt and without a specific child restraint device.

    If your vehicle has no room equipped with safety belt, your child will be transported in another vehicle.

    Indeed, to increase the safety of a child under three years, particularly fragile, it must travel in a specific restraint approved, such a platform bed or a suitable seat, this device can be installed on a seat with seat belt.

    A driver who transports a child under three years of a place not equipped with seat belts is liable to a fixed fine of € 135.[/quote]

    So if you drive an old vehicle which doesnt have fitted seat belts, you can carry an unrestrained child over the age of 3 in the back of your vehicle.
12. John James, on September 17th, 2012 at 2:19 pm
    

    

    Heather, Many thanks for the article above. Is it possible that I can clarify the position for motorhomes built before Jan 2006 with regards to rear passengers: While i’m not intending to travel without safety mechanisms for my children, I want to understand the law, not safety, at this stage. Therefore, am I correct with the following statements:

    1. I understand that if seatbelts are not fitted by the manufacturer to any rear seat, for a vehiclke used in the UK then their is no legal requirement for a seatbelt to be fitted, for whatever age of passenger that may sit in the seat.

    2. I understand that if I take the same vehicle to France, that any child under 3 years old must be secured by means of a 3 point belt system

    3. It is nopt recommended that side facing seats are used in conjunction with seatbelts as this may, in certain undefined circumatances, cause more than wearing no seatbelt in certain accidents.

    Many thanks, John
13. Hilary, on March 1st, 2013 at 9:49 am
    

    

    Adding a seat: We were sold our motorhome with the advice that side bench seat could have a lapstrap fitted. We have now found this is not safe, and would mean the van fails its MOT. We have sourced a folding seat (meets european safety regualtions) which will fit into a side bench seat. It is made in Germany, and now available in the uk, and a specialist company will fit it to the chassis. Will cost around £1,500 but the grandchildren will be safe, and we will be covered on insurance, so worth it.

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