SAFETY BELTS IN VEHICLES UNDER 3.5 TONNES
(21938)
14469/00
COM(00) 815
|
Draft Directive on the compulsory use of safety belts in vehicles under 3.5 tonnes.
|
| Legal base: |
Article 71 (1) EC; co-decision; qualified majority voting
|
| Department: |
Environment, Transport and the Regions
|
| Basis of consideration:
| Minister's letter of 4 April 2001
|
| Previous Committee Report:
| HC 28-vi (2000-01), paragraph 3 (14 February 2001)
|
| To be discussed in Council:
| June 2001 |
| Committee's assessment:
| Legally and politically important
|
| Committee's decision:
| Not cleared; further information requested
|
Background
3.1 The compulsory wearing by both adults
and children of fitted safety belts in cars, goods vehicles and
passengercarrying vehicles up to 3.5 tonnes is required
by Council Directive 91/671/EEC. However, the Directive allows
Member States to legislate for certain exemptions. In the UK the
main exemptions are: a person holding a medical certificate; people
instructing holders of provisional licences while the holder is
performing a manoeuvre which includes reversing; drivers of taxis
and private hire vehicles; and people conducting driving tests.
The provisions on compulsory wearing of seat belts for children
are especially complicated, as under the original Directive different
requirements could apply in different Member States. For example,
in Sweden young children are not allowed to travel at all in a
car unless restrained by an appropriate child restraint. In the
UK, on the other hand, no child may be carried unrestrained in
the front seat of any vehicle, and no child may be carried unrestrained
in the rear seat of a car if there is an appropriate restraint
available anywhere in the car. However, in the UK, if no child
restraint is available, the child can still be carried.
The document
3.2 The proposed Directive, amongst other
things, removes certain exemptions regarding the compulsory wearing
of seat belts by children; requires that air-bags are de-activated
when a child is travelling in a rear-facing child restraint in
the front seat; and specifies the technical standard for child
safety restraints.
The Minister's letter
3.3 In his letter of 4 April 2001, the Parliamentary
Under-Secretary of State, Lord Whitty, says:
"The draft Directive
has been discussed at length at official level and a scrutiny
reserve has been recorded for the UK. After a considerable number
of changes the current draft is still subject to a variety of
reservations from Member States and it is very unlikely that full
agreement will be achieved when it is discussed at the Council
on Thursday 5 April. However I should like to give you the flavour
of what is emerging.
"As matters stand, we are looking for some clarification
on two matters and a commitment to research on two others. The
first two points are;
"— the terms under which it may be
possible to retain a national standard for child restraints in
addition to the European ones of the EU and the UN/ECE.
"— whether it will be permissible
to convey children in vehicles where restraint systems cannot
provided.
"The second two points are:
"— The use by children aged 311
and under 150cm in height of the lap portion only of an adult
seat belt where a child restraint is not available
"— The use, on buses and coaches,
of adult seat belts by children under 3
"We think that both
propositions might be unsafe. We would not be prepared to accept
measures which compromised safety. Further consideration by experts
will be needed and possibly further research. This is the direction
in which I expect the discussion to go on Thursday.
"We are committed to a consultation. That will
encompass all the interests including manufacturers and users
as well as road safety specialists. But I am sure you will appreciate
that without more certainty on the detailed points mentioned above
it would have been difficult to undertake a meaningful consultation
or to evaluate the impact of the Directive. We intend to do both
as soon as possible, and shall, as previously promised, keep you
informed of progress."
3.4 As anticipated, the Transport Council
concluded that it could not reach agreement and decided to consider
the text "at the technical level". According to the
Department:
"The text under discussion
attempted to solve outstanding concerns on the detailed requirements
for young children to use adult seat belts in the absence of appropriate
child restraints. A number of member states had concerns about
the proposals. The UK was among those taking the view that it
required further examination. The Presidency concluded that the
Council could not reach agreement and remitted the text for further
consideration at the technical level, hoping for a common position
in June."[3]
Conclusion
3.5 The Minister says that the proposed
changes will be subject to further consideration by experts and
possibly further research. While we accept that this issue should
be subjected to detailed research, we do not understand why such
detailed research has not already been done. Indeed, it is difficult
to understand the basis on which the changes are being proposed
if it is not detailed research. In addition, as we indicated in
our earlier Report, we would like to know the basis, in terms
of cost-benefit analysis, for the Government's policy of retaining
its flexibility in some of the elements of the proposed Directive.
Meanwhile, we do not clear the document.
3 Official Report,
10 April 2001, cols. 497-499W. Back
|
