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#1 Posted : 18 October 2006 12:09:00(UTC)
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Posted By Anwar Afzal Can anyone provide an opinion on the definition of the wording short distance in cases of necessity? Where you are carrying children who are not your own but children from members of your family travel within the city within a 10 mile area, does this come under the exemption? Surely, you cannot be expected go and buy 2 seats and keep them for just in case situations. Where do you draw the line?
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#2 Posted : 18 October 2006 12:28:00(UTC)
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Posted By Jim Walker Anwar, What's the most important to you? Staying inside the law, or avoiding your passengers getting unnecessary injuries in an accident. I saw in a newspaper article, a few weeks ago, by a senior A&E medic about all the spinal injuries caused to young kids by ill fitting seat belts. Compelling argument I believe.
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#3 Posted : 18 October 2006 12:50:00(UTC)
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Posted By Anwar Afzal Jim I don't have a problem with legislation just the practicality of it. I think if an adult is sitting with kids and kids are waering a seat belt it should suffice, it is not practical to take your nephews, nieces, grandkids,or others in the car on temporary basis and provide a car seat for them?
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#4 Posted : 18 October 2006 13:10:00(UTC)
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Posted By Lynne Ratcliffe Personally as a new grandma i would be happy to get a second car seat to take my grandchild out. there are exceptions in the reguslations for 'occasional' trips but how often do accidents happen on the 'occasional' trip? whilst the infant is tiny the baby seat that my daughter has got will fit in all cars. When bigger you can get a booster seat for under £20 and i would put any child at a higher value than that.
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#5 Posted : 18 October 2006 14:32:00(UTC)
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Posted By Martin J Morley Hi there, you asked whether 'Where you are carrying children who are not your own but children from members of your family travel within the city within a 10 mile area' would fall within the exemption allowed "for a short distance in an unexpected necessity" The answer must actually consider whether the travel is really an unexpected necessity or just a convenient way of moving the children. I think that the exemption is designed to cover events like taking children home when the parents are not available by virtue of accident or illness, or having to take a poorly child from a party to hospital etc. I think that one implication of this legislation is that every child will need to have an appropriate restraint available, possibly to be carried round with them?
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#6 Posted : 18 October 2006 15:47:00(UTC)
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Posted By sagalout Anwar, this is just the way I have assessed the intention of the new regs for my own personal use. I guess a definition will only emerge via the courts. It seems clear to me that the intent is to ensure that wherever possible children should be protected. However, there are equally many exemptions provided so there is an acceptance in the law that children will still travel without the prescribed restraints. So, I have to determine my approach to those exemptions, guidance that I found about short term exemptions said "There are a few exemptions but parents and carers will need to think ahead about how they, or someone else, will be carrying their child." and If there is an “unexpected necessity” there is an exemption for a child of 3 years or more.... This quite clearly, it seems to me, allows me to make a judgement based on specific and, by inference, relating only to unforeseen or unexpected circumstances. It allows me to, for example, consider other risks to a child that may put them in greater danger than travelling for " a short distance" without restraint. I am allowed by the law to do this and not automatically be guilty of an offence. As long as the distance travelled is the demonstrably shortest distance necessary to remove the child from risk then it would seem acceptable in law. It seems most likely that it will only be more closely defined in court if any party feels it needs to go that far. This is only my personal view of this new law and should not be relied upon in any other way.
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#7 Posted : 18 October 2006 16:14:00(UTC)
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Posted By Jim Walker Look folks forget the damn law! An ADULT belt is much the same a placing a noose round a child's neck! IT IS NOT designed for someone short - even the legal limit set by this new law was a fudge, the height should have been plus another 150mm The article I read the A&E medic said their unit (alone) dealt with up to 20 unnecessary serious injuries to kids due to accident & belts every year. Instead of a bit of briusing they have spinal injuries and ruptured internal organs. Multiply that by the A&E units in the UK and you have a lot of incidents. Either buy the proper equipment & use it or leave the sprogs at home! Sorry to rant & shout but important issue here
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#8 Posted : 18 October 2006 19:51:00(UTC)
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Posted By Anwar Afzal Thanks for the various opinions, but there is still no clarity from what i see and here. Would it not be better to have a similar belt to the one's they use on planes, these are attached to the adult ones and when a small child were to sit on an adults lap. they would attach them? Just cannot get my head round the idea of not being able to give a family member a lift becuase they have children and they did not have a car seat with them because they came by taxi. And surely the risk is the same when they come by taxi because taxi's and private hire vehicle do not have baby seats? Or has the risk changed with Taxi's? Come on guys, whats the difference of me being a taxi without the licence and a taxi/private hire vehicle?
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#9 Posted : 18 October 2006 20:41:00(UTC)
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Posted By sagalout Anwar, the way the law is written. Not reasonable to expect a taxi to supply suitable child restraints for every child that may use the taxi. Don't ask me whether it makes any real sense in regard to risk. Probably would result in greater risk to more children sort of approach. No, I do not want to justify that just thinking it. I control the things I can, not those I can't. I can choose not to use a taxi when my grandsons are with me, not use public transport etc. Equally if I were driving down the road and saw one of my grandsons walking along a busy road at 1800 in December (because his mum had forgotten to pick him up from footie practice) would I stop and pick him up even if I did not have a child restraint, you bet I would. I am very happy that if I choose to make a specific assessment in an unforeseen circumstance like that I can do so without automatically attracting a penalty. Would I take them out on a planned half a mile trip to the chip shop, no way, unnecessary risk. For interest, anyone out there who would have written the reg differently? I am taking it as read that we had to have some form of it, no choice.
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#10 Posted : 18 October 2006 21:07:00(UTC)
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Posted By Phil D I dont care what the regs say, I have a neice that "occasionally" comes to visit. If she was involved in an accident and I hadn't taken the easy step of ensuring she was safe in the car, I would never be able to live with myself. What I dont understand though, is how so many drivers have their children in the backs of cars, on town roads and on the motorways, either on laps of unrestrained passengers, or just clambering about on the back seat, and get away with it. Whats more, they are too stupid to see what they are doing is not just a crime, its a sin. Rant over, I'm going back to my su doku.
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#11 Posted : 19 October 2006 00:38:00(UTC)
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Posted By ian (fingaz) well my children are over the height required to have booster seats but we went out and bought one for my nephew who is only 3. They arnt expensive nor very big so one in the boot of the car isn't too much of a problem. Unless you ride a bike. :-)
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#12 Posted : 19 October 2006 13:27:00(UTC)
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Posted By Karen Newman Just another point to bear in mind. Have you ever tried to transport 3 children needing child booster seats in the back of the car? This is not an unusual senario for me or many of my friends. The size of the seats make it very difficult probably impossible in a small car to get 3 in a row. I have got a reasonably sized car and its a very tight squeeze, on the last trip out I managed to trap my sons fingers between 2 booster seats as I was trying to get the car door shut. We own 4 booster seats ( we only have 1 child under height)and its still not enough sometimes when children are being given lifts by others who may need to borrow a seat. The use of booster seats has so many flaws and impractialities, (just think about taxis and coaches as well as seat size) I can't understand why more effort has not gone into the redesign of car seats and seat belts to eliminate these problems - surely the principle of designing out the problem in the first place should be applied. From someone who complies with the law but finds the amount of advanced planning of journeys required very hard work!
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#13 Posted : 19 October 2006 13:37:00(UTC)
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Posted By ian (fingaz) talking about taxis, there is a taxi/mini bus that picks children up in our area for children with learning difficulties. I have seen the driver put kids in the front seat that are under height and have no boosters in the back. How do you deal with that without being a busy body? not that i care what people think of me as i give as good as i get. If the local police don't stop this how can a member of the public?
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#14 Posted : 19 October 2006 14:06:00(UTC)
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Posted By Anwar Afzal Hi All As Karen states it is impossible to comply wiht this legislation and it does not provide the added safety, it would have been better to redesign the cars to suit the purpose,after all that is how it is meant to be in safety "fit for the purose" and not the other way round. It is not practical to apply this law always, and it does not serve the purpose of safety, in fact it can do more harm when you have a child or children strapped up in this way and the cause tantrums leading to an accident because of the distraction
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#15 Posted : 19 October 2006 14:18:00(UTC)
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Posted By sagalout Maybe the old phrase "slowly slowly catches monkey" might apply here. I would guess that car manufacturers will respond in time to the design demands of this reg just as they have done with seat belts and ABS and DSC and air bags and and and. All the examples you quote are clearly covered in the current guidelines to the regs and advice is given on how to comply. If this reg is proven to save one child's life or to minimise their injuries, that is enough to justify it. Will it save every child, sadly not for few years yet.
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#16 Posted : 19 October 2006 14:25:00(UTC)
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Posted By jackw. Hi, Sory if i seem harsh but i am a bit unhappy with someone looking for advice views etc. on getting "around" the law on a HEALTH & SAFETY forum as opposed to how to comply with the law and ensure the safety of passengers/children that they may only have occasionally but never the less regularly in a car. My point..safety forum = safety so think safety and how to prevent the horrendous injury or fatality of those you are charged to look after. And yes i agree there may be "emergency situations.. but the one outlined here does not fit into that category.. ok will get down off the soup box cheers
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#17 Posted : 19 October 2006 14:29:00(UTC)
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Posted By Rob T Sagalout, This is not a personal dig I promise you BUT I am getting a bit sick and tired of the phrase "if this can save one child's life" etc etc. That's plainly an emotive nonsensical statement that belongs with "conkers bonkers". We would have to ban childrens climbing frames, swings, tree climbing, crossing roads, conkers (they could eat them), wild berries, dangerous plants in peoples gardens, swimming pools, dogs, anything small enough to go in a childs mouth etc.etc. Please everyone stop using that phrase as it makes us look pathetic!
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#18 Posted : 19 October 2006 14:41:00(UTC)
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Posted By Jim Walker I can't believe you are all more concerned about the inconveniences this law is causing you than you kid's well being. Google : seat belt children spinal injuries and or look here; http://www.automedia.com...ty/Boost/dsm20040301bs/1 By the way; all these trivial objections sound pretty much what we had when the adult belt law came in. Anyone want to argue that THAT was a bad regulation?
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#19 Posted : 19 October 2006 15:00:00(UTC)
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Posted By sagalout Hi Rob, No offence taken. My context was that whenever you introduce a new law like this, there either have to be practicable compromises in the short term or you wait until all the rough edges are ironed out. (cars with proper kit, workable and safe solution for taxis etc). I am not justifying the law on the basis of one child's life. Rather that if it does save a life then it is right that it was implemented now and not in 5 years time or 10 years or.. Thus, I think it is perfectly valid to use the phrase in this context and is entirely different from the "conkers bonkers" approach which bans things just in case. Jim, I hope it is plain from my responses that I am not amongst those looking for ways out of this. I agree with it wholeheartedly, including the guidance that allows me to make a judgement in unforeseen circumstances as per the example I gave.
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#20 Posted : 19 October 2006 15:10:00(UTC)
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Posted By Peter Rose I am in full agreement with Jim. I cannot understand the how the cost of car seats or boosters, can compare to the injuries received, or even death, of a child whether they are immediate or distant family. Surely it is better to pay for a seat that is used only once or twice a year, than to take a chance. Legislation is one thing, common sense is another!! Peter
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#21 Posted : 19 October 2006 15:24:00(UTC)
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Posted By Rob T Hey Jim, go on, I'll bite - I do disagree with adult safety belt laws in your own time. If you're not at work and you are an adult then in my opinion, who am I (or the state) to tell you that you can't be an idiot! if I am driving a car and my adult passenger doesn't want to wear a belt that's up to him/her. It's called freedom of choice, and that goes for crash helmets too. We have a duty to ensure the safety of those at work and those who maybe affected by that work and to those under the age of 18. That doesn't give us some form of dictatorial right to control peoples lives. It is however necessary to ensure that people are educated as to the dangers. None of the above applies to actions which may harm others! I'm an adult and (in my own time) so long as I am told of the hazards then I will make an adult decision.
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#22 Posted : 19 October 2006 20:07:00(UTC)
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Posted By Anwar Afzal Its not about how to break the law legally but how to comply with it practically. Its not about cost of a car seat but where do you carry one for the occassion, surely if you have say a small car and you have 3 adults and 2 kids and you fit 2 car seats in the back, do you then tell the one adult to catch a taxi, when you know the vehicle is made to carry 5 persons. It is not practical is what i am saying, and if you fill the boot with spare car seats just in case. then where do you put your shopping or other goods on the other passengers lap? Come on guys be realistic
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