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The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111175248

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Road Traffic

Made ***

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of primary legislation
  4. 2Amendment of the Road Traffic Act 1988
  5. Part 3: Amendment of subordinate legislation
  6. 3Amendment of the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993
  7. 4Amendment of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993
  8. Part 4: Amendment of Northern Ireland legislation
  9. 5Amendment of the Road Traffic (Northern Ireland) Order 1995
  10. 6Amendment of the Motor Vehicles (Wearing of Seat Belts) Regulations (Northern Ireland) 1993
  11. 7Amendment of the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations (Northern Ireland) 1993
  12. Signature
  13. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

(2)

Regulations 2, 3 and 4 extend to England and Wales and Scotland.

(3)

Regulations 5, 6 and 7 extend to Northern Ireland only.

2Amendment of the Road Traffic Act 1988

(1)

The Road Traffic Act 1988f1 is amended as follows.

(2)

In section 14f2 (seat belts: adults)—

(a)

in subsection (2)—

(i)

omit paragraph (aa);

(ii)

in paragraph (bb)—

(aa)

for “shall, for the purpose of implementing the seat belt Directive,” substitute “may”;

(bb)

omit “other than the United Kingdom”;

(b)

omit subsection (7).

(3)

In section 15f3 (restriction on carrying children not wearing seat belts in motor vehicles)—

(a)

omit subsection (5A);

(b)

in subsection (6)—

(i)

in paragraph (b)—

(aa)

for “shall, for the purpose of implementing the seat belt Directive,” substitute “may”;

(bb)

omit “other than the United Kingdom”;

(ii)

omit the words after paragraph (b);

(c)

in subsection (9), omit the definition of “the seat belt Directive”.

3Amendment of the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993

(1)

The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993f1 are amended as follows.

(2)

In regulations 2 and 5, and in Schedule 1, in each place it occurs, for “another member State” substitute “a member State”.

4Amendment of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993

(1)

The Motor Vehicles (Wearing of Seat Belts) Regulations 1993f1 are amended as follows.

(2)

In regulations 2 and 8, and in Schedule 1, in each place it occurs, for “another member State” substitute “a member State”.

5Amendment of the Road Traffic (Northern Ireland) Order 1995

(1)

The Road Traffic (Northern Ireland) Order 1995f1 is amended as follows.

(2)

In Article 23 (seat belts: adults)—

(a)

in paragraph (2)—

(i)

omit sub-paragraph (b);

(ii)

in sub-paragraph (d)—

(aa)

for “shall, for the purpose of implementing the seat belt Directive,” substitute “may”;

(bb)

omit “other than the United Kingdom”;

(b)

omit paragraph (7).

(3)

In Article 24 (restriction on carrying children not wearing seat belts in motor vehicles)—

(a)

omit paragraph (7);

(b)

in paragraph (8)—

(i)

in sub-paragraph (b)—

(aa)

for “shall, for the purpose of implementing the seat belt Directive,” substitute “may”;

(bb)

omit “other than the United Kingdom”;

(ii)

omit the words after sub-paragraph (b);

(c)

in paragraph 11, omit—

(i)

“; and” at the end of the definition of “seat belt”;

(ii)

the definition of “the seat belt Directive”.

6Amendment of the Motor Vehicles (Wearing of Seat Belts) Regulations (Northern Ireland) 1993

(1)

The Motor Vehicles (Wearing of Seat Belts) Regulations (Northern Ireland) 1993f1 are amended as follows.

(2)

In regulations 2 and 8, and in Schedule 1, in each place it occurs, for “another member State” substitute “a member State”.

7Amendment of the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations (Northern Ireland) 1993

(1)

The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations (Northern Ireland) 1993f1 are amended as follows.

(2)

In regulations 2 and 5, and in Schedule 1, in each place it occurs, for “another member State” substitute “a member State”.

Signature

Signed by authority of the Secretary of State for Transport

Minister of State

Department for Transport

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (c) and (g) of section 8(2) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of road safety and, in particular, amend legislation relating to the compulsory use of seat belts in motor vehicles. Part 2 amends primary legislation, Part 3 amends subordinate legislation and Part 4 amends Northern Ireland legislation. These Regulations remove existing powers and duties, in the Road Traffic Act 1988 and the Road Traffic (Northern Ireland) Order 1995, to make subordinate legislation for the purpose of implementing an EU Directive as these are no longer needed after the United Kingdom’s withdrawal from the European Union. These Regulations also adjust language and references to recognise that the United Kingdom is no longer a member State, to eliminate any ambiguity, but otherwise maintain the current seat belt wearing requirements regime intact in the United Kingdom.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.