Kids on the front seat, the law?

[Slowbee]

One of our staff was stopped and fined for having her baby daughter on the front seat of her car. The baby was strapped in with a proper baby seat. She drives a corsa bakkie, so there is no back seat.

 

She was told that no children under the age of 13 are allowed on the front seat and was fined.

 

Do any of you know what the law states ?

 

From a common sense perspective, kids should be in the back seat and on booster seats. But in a case like this where there is no back seat?

 

Again, trawling the interwebs I cannot any legislation that governs children and booster seats. There is the regulation which states children under 3 must be buckled up, but I cannot find anything else.

 

 

[Quagga]

She should go to court and contest it

[fanievb]

Regulation 213(7) 

 

7. If no seat, equipped with a seatbelt is available in a motor vehicle the driver of the motor vehicle operated on a public road shall ensure that a child shall, if such motor vehicle is equipped with a rear seat, be seated on such rear seat.

so where there is a back seat a child must be on back seat.

 

[SwissVan]

They should rather catch and fine the idjit parents who allow their kids to sit or stand unrestrained on the front seats... see it often in SA

[madbradd]

Or what about parents of more than 2 children....

 

Some interesting considerations (both hearsay, I don't have references):

From a design point of view the passenger seat of a car is the second safest seat in a vehicle.

From a behavioral point of view, the seat behind the driver is the safest (drivers will instinctively swerve to protect themselves)

[gummibear]

 

From a design point of view the passenger seat of a car is the second safest seat in a vehicle.

 

Airbags for the passenger seat are not designed for little kids.It can break their neck or cause chest injuries.

[eddy]

Regulation 213(7) 

 

7. If no seat, equipped with a seatbelt is available in a motor vehicle the driver of the motor vehicle operated on a public road shall ensure that a child shall, if such motor vehicle is equipped with a rear seat, be seated on such rear seat.

so where there is a back seat a child must be on back seat.

 

 

 

If I read the regulation you posed correctly the child only MUST be on the back seat where "no seat, equipped with a seatbelt is available in a motor vehicle".

 

And then only if  the vehicle has a back seat.

 

Otherwise, if this is the only regulation, a child can be anywhere where there is a seatbelt or, where there is no seatbelt and no backseat, the child can be in the front

[fanievb]

If I read the regulation you posed correctly the child only MUST be on the back seat where "no seat, equipped with a seatbelt is available in a motor vehicle".

 

And then only if  the vehicle has a back seat.

 

Otherwise, if this is the only regulation, a child can be anywhere where there is a seatbelt or, where there is no seatbelt and no backseat, the child can be in the front

 

6A says child under 3 must be in a car seat 

 

"(6A) The driver of a motor vehicle operated on a public road shall ensure that an infant traveling in such a motor vehicle is seated on an appropriate child restraint: Provided that this provision shall not apply in a case of a minibus, midibus or bus operating for reward."

[Captain Fastbastard Mayhem]

Airbags for the passenger seat are not designed for little kids.It can break their neck or cause chest injuries.

My passenger air bag is turned off for precisely that reason. 

 

He's 6 1/2 and on a booster seat. 

[Fruity]

From me, I couldn't imagine anywhere else to put your baby if you have a single cab bakkie. You can't put him or her at the back of the bakkie at that age. Our child is always in her car seat at the back seat whenever we're on the road, but if I didn't have a passenger vehicle then we would have to make a plan in the front.

[Fruity]

A little write up about the subject:

 

https://www.arrivealive.co.za/Car-Seats-for-Kids-and-Road-Safety-in-South-Africa

[RocknRolla]

The issue here is, the cop incorrectly applying the law.

[RocknRolla]

She should go to court and contest it

 

This, and the cop should be in attendance, with the judge hopefully pointing out their incompetence.

[fanievb]

This, and the cop metro traffic officer should be in attendance, with the judge magistrate hopefully pointing out their incompetence.

 

good luck with that

[Slowbee]

Thanks guys.

 

It is that usual adage of common sense and the law.

 

The traffic officer, rightly or wrongly was applying the law. From those regulations, there is no law saying a child MUST be in the back seat. ONly that a child under 3 must have some form of child restraint.

 

There is no mention (legally) of what age and where children older than 3 must sit.

 

Common sense on the other hand.

[Gen]

This, and the cop should be in attendance, with the judge hopefully pointing out their incompetence.

Hey I actually know a traffic court judge..I should maybe ask her.