Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 470: To ask the Minister for Transport his plans to ensure the availability of child restraints in taxis and hackneys; and if he will make a statement on the matter. [28031/06]

Martin Cullen (Waterford, Fianna Fail)
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On 5 May 2006 I made Regulations entitled the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 transposing into Irish law Directive 2003/20/EC relating to the compulsory wearing of safety belts and child restraint systems in motor vehicles.

Essentially, the Directive provides that:

∙where safety belts have been fitted they must be worn,

∙children under 3 years of age may not travel in a car or goods vehicle (other than a taxi) unless restrained in an appropriate child restraint,

∙children aged 3 years or over who are under 150 centimetres in height and weighing less than 36 kilograms must use an appropriate child restraint when travelling in cars or goods vehicles fitted with safety belts,

∙children over 3 years of age must travel in a rear seat in vehicles not fitted with safety belts,

∙rear-facing child restraints must not be used in seats protected with an active frontal air-bag, and

∙child restraint systems must conform to the standard for these systems set down in the relevant EU type-approval directive or UN-ECE Regulation for such systems.

The Directive permits children to travel without child restraints in the rear of small public service vehicles (taxis, hackneys and limousines) if appropriate child restraints are not available. Given that child restraint systems come in five separate weight classes, it would be unreasonable to expect small public service vehicles to always have the appropriate child restraint available in their vehicle. For that reason, in making the regulations to transpose the Directive into Irish law the option in the Directive permitting children to travel without child restraints in the rear of small public service vehicles was reluctantly exercised.

Notwithstanding the legal position, it would be my desire that owners of small public service vehicles would endeavour to provide child restraints in so far as it is practicable to do so. It is my intention to write to the Commission for Taxi Regulation requesting that he engage with the industry with a view to devising guidelines on best practice in relation to the carrying of children as passengers in small public service vehicles.