Road traffic
Fail to use appropriate child car seat
Road Traffic Act 1988, s.15 / regulations
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 2 fine
Actus reus
- Drive a motor vehicle on a road with a child who is not wearing the seat belt or appropriate child restraint required by RTA 1988, s.15 and the child-restraint regulations (front and rear are separate subsections). The driver commits the offence, subject to the exceptions in the section and regulations.
Mens rea
- Driving with the child unrestrained without reasonable excuse. s.15 is not an intent-to-endanger offence.
Defences
Reasonable excuse · Appropriate restraint was in use · Requirement did not apply (age/height, prescribed exceptions such as certain taxis or medical exemptions — read the current regulations) · Not the driver
At the police station
Adult seat-belt (s.14) is a different page. Ask the child’s age/height and which seat.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.15 / regulations ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗