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It is an offence to carry passengers not in a seat and wearing seatbelts as far as I am aware.
I have tried everywhere and I cannot find any reference to Offence Code 950...
I checked on DVLA and the only offence (maybe a catch all) is a:
CU50 - Causing or likely to cause danger by reason of load or passengers .. this carries 3 points.
Are CU50 offences treated the same as a fixed penalty for speeding (my wife has a clean license at moment ... would hate for insurance premium to increase massivly because of this) .. I was told that for example if you have a SP30 the insurance companies normally allow this 1 mistake.
Are you saying the Police officer never spoke to the driver regarding the offence? I find it very unlikely he would just stop a vehicle and say here is a FPN for code 950 cos there is someone stoop in the back??
I am really annoyed at this, the load was secure ... we were doing a favour foe someone and now we get this.
Did it not occur to you this favor could have serious consequences? If there was an accident the person in the back would be thrown into the road and possibly get killed, I think a fine is far less stressful than a dead friend.
I guess they will have to stop every milk lorry as well coz they always seem to have a couple of lads just stood holding on the the rear end of the lorry ready to leap off and deliver the next 2 pints the next customer.
The Road traffic Act 1988 makes it an offence for someone "to use, cause or permit another to use a motor vehicle or trailer on a road which might for whatever reason, involve a danger of injury to any person”. It is also only an exemption as you stated 'if no seat belts are fitted' in vehicles that are exempt from seat belts. All new vehicles for years must by law have a seat belt fitted for every adult that it is constructed to carry.
I guess they will have to stop every milk lorry as well coz they always seem to have a couple of lads just stood holding on the the rear end of the lorry ready to leap off and deliver the next 2 pints the next customer.
A person using a vehicle constructed or adapted for the delivery of goods or mail to consumers or addressees, as the case may be, while engaged in making local rounds of deliveries or collections, is exempt from seat belt regs.
Quad Bikes ... insured as cars and taxed as cars (also you do not need a helmet to drive one).
They have no seat belts fitted, like in the back of a pickup truck.
I have asked for advice on another site and they mention carnivals .. people in back of lorries without seatbelts etc..
without prejudice to paragraph (1)(k), the requirements of regulation 5 do not apply to a person riding in a vehicle which is taking part in a procession held to mark or commemorate an event if either—
(a) the procession is one commonly or customarily held in the police area or areas in which it is being held, or
(b) notice in respect of the procession was given in accordance with section 11 of the Public Order Act 1986
For construction regs. purposes quad bikes are quadricycles not cars so seat belts are not required unless the quad is over the max weight set out in law.
Personally I think you may as well take the points. If you attempt to show it was safe to sit in the back of an open vehicle without a seat belt the evidence is against you. You only have to look at all the research done regarding accidents and see the videos of crashes even at low speed and you will see its not safe. To prove otherwise you would have to get proof from an 'expert' witness to back up you case, just because you thought it was safe is not enough in my opinion.
A person using a vehicle constructed or adapted for the delivery of goods or mail to consumers or addressees, as the case may be, while engaged in making local rounds of deliveries or collections, is exempt from seat belt regs.
I think that exemption is aimed at persons carried INSIDE the vehicle, but not wearing seatbelts. As we all know the milk delivery lads usually just stand on the tail bar of the lorry and hold onto one of the upright frames. I doubt the exception goes that far.
Whether holding onto milk floats or dustcarts is legal or not is not relevant here, the fact that others do it is not a defence in Court. I see hundreds of people a week using mobiles in their cars but it wouldn't get me off in Court if prosecuted.
Whether holding onto milk floats or dustcarts is legal or not is not relevant here, the fact that others do it is not a defence in Court. I see hundreds of people a week using mobiles in their cars but it wouldn't get me off in Court if prosecuted.
No one is suggesting it is. I am simply pointing out how, once again, the police always seem to be selective with who they target and how they deal with it. You're not suggesting a police car has never driven past a milk/bin lorry and completely ignored the fact the guys are all hanging off the sides are you? I just thought from this story that a simple "stop and advise" would have been perfectly appropriate.
Fixed Penalty - Offence code 950
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Originally Posted by green_and_mean
