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José M.
José M., Attorney
Category: International Law
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Experience:  Spanish Attorney
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My new motorhome has only side facing seats in the rear with

Customer Question

My new motorhome has only side facing seats in the rear with no seat belts. Can I carry adults in the rear throughout EEC countries.
Submitted: 2 years ago.
Category: International Law
Expert:  José M. replied 2 years ago.

José M. :

Hi there

José M. :

Driving throughout EEC countries you must have seat belts in all places the vehicle has for passangers

José M. :

YOu could get a fine if you carry persons without them

José M. :

Even you could get a problem with the isurance also. Insurance could rejct the damages of an injured person if we do not have seat belts in all places

José M. :

Get seat belts in all places for passangers

José M. :

I will be here if you need more information

José M. :

Thank you

José M. :

Plase write if you need more help

JACUSTOMER-ipkxv57v- : This advise differs from other sources. UK and France it is legal to have passengers where seat belts have not been supplied by the manufacturer for various reasons such as non forward facing seats. The exception is Spain where it is not legal to carry non belted passengers in any circumstances. WHO IS correct???????
José M. :

I am spanish, in Spain the law says as european law says it has to say. No diferent laws all CEE around

José M. :

My advice is not to take riskes

José M. :

Do not drive in CEE without seat bealts

JACUSTOMER-ipkxv57v- : Maybe, but I requested the factual law regarding this issue please.
José M. :

http://ec.europa.eu/transport/road_safety/topics/behaviour/seat-belts/index_en.htm

José M. :

Additional tools

Seat belts

Seat belts are the easiest and cheapest way to avoid injury in a crash. They do not require any special technology and are fitted in all cars. Since 2006, wearing seatbelts is compulsory in all vehicles throughout the EU.

Under EU law, drivers and passengers must wear a seat belt in any seat fitted with one.

Failure to wear a seat belt is the 2nd biggest cause of road death, after speeding but ahead of drink-driving. An EU road safety study (2008)[IMAGE][SRC][/SRC][ALT]pdf[/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE][/STYLE][/IMAGE](171 kB) Choose translations of the previous link concludes that action targeting the use of seat belts could save up to 7 300 lives a year in the EU.

What about airbags? They are not a substitute for seat belts - always wear a seatbelt even if your car is equipped with airbags.

Children
  • children under 1.35 m tall, or travelling in cars/lorries fitted with safety devices, must use an approved device for their size.
  • taller children may use an adult seat belt.
  • rear-facing child restraints are no longer allowed on front passenger seats unless the airbag has been deactivated.

As well as passing legal requirements, the EU provides funding for Europe-wide campaigns promoting seatbelt-wearing by children[IMAGE][SRC][/SRC][ALT]pdf[/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE][/STYLE][/IMAGE].

JACUSTOMER-ipkxv57v- : This transcript, if I am correct, states, where seat belts are fitted!!
José M. :

Under EU law, drivers and passengers must wear a seat belt in any seat fitted with one.

José M. :

All europe arround

JACUSTOMER-ipkxv57v- : Yes, but I need to know the legal interpretation when seat belts are not fitted.
José M. :

The point is that is the police catch you driving with someone without a seat belt you could get a fine....

José M. :

They do not care if the car is allowed to drive in another place

José M. :

Remember Under EU law, drivers and passengers must wear a seat belt in any seat fitted with one.

José M. :

http://europa.eu/rapid/press-release_IP-06-583_en.htm

JACUSTOMER-ipkxv57v- : We are going round in circles. My original enquiry I refers to a new motorhome where the rear seats are sideways fitting and it is not legal to fit seat belts to seats which are not either facing or reverse facing to the vehicle front
José M. :

I see

José M. :

Well, it is really diferent

José M. :

If you have 6 or 7 places to be seated and you only could drive with 5 people, you just need 5 places with seat belts

José M. :

You do not need to have a seat bel in all places in the motorhome to be seated

José M. :

But when driving, all people need to be seated with the seat belt

JACUSTOMER-ipkxv57v- : So, when I travel to my house in Spain next month with my new motorhome, my two guests will not be able to travel as the only two seats with belts are in the front and taken up by my wife and myself?
José M. :

If you are 5 people in the motor home you must have 5 seats with seat belts

José M. :

Nobody inside without seat belt allowed while driving

JACUSTOMER-ipkxv57v- : OK. This advice differs from that of other motoring organisation interpretation, so thank you and I will confront them with your advice.
José M. :

Thank you

José M. :

I all cases I have to say that I have never seen a fine in case like yours I ussually work with fines

José M. :

Thank you anyway

José M. :

If you want to be sure put the seat belts.

José M. :

I will be here if needed

José M. :

have a good day

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