Shane Ross (Dublin Rathdown, Independent)
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The law in relation to the wearing of safety belts and child restraint systems in motor vehicles is set down in the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006, which transposed into Irish law Directive 2003/20/EC relating to the compulsory wearing of safety belts and child restraint systems.

The Directive requires that, in general, children who are less than 150 centimetres in height and 36 kilograms in weight be restrained by an appropriate child restraint when travelling in cars (including small public service vehicles). The Directive gives Member States the option to allow children to travel without child restraints in the rear of small public service vehicles if restraints are not available. In allowing for such arrangements in relation to the rear seats of small public service vehicles, the Directive recognises that child restraint systems come in a number of different weight classes and that it would not be reasonable to expect drivers of these vehicles to always have the appropriate child restraint available in their vehicles. 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. The Regulations, however, require children who are 3 years of age or over and 135 centimetres or more in height travelling in the rear of small public service vehicles not fitted with child restraints to wear safety belts.

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.