So what exactly is the situation regarding seatbelt requirements and classic cars? And what about taking children in a classic car? Are children allowed to ride in a classic car, and what rules apply?
Seatbelt requirement and age of the classic car
To determine whether it is mandatory to wear a seatbelt in the front, the age of the classic car must be considered. In classic cars that were first admitted to public roads before January 1, 1971, seatbelts are not required to be present, and therefore there is no seatbelt obligation. However, please note: as with so many rules, there is an exception! For example, Volvo was already supplying cars with seatbelts from the factory before 1971. If seatbelts are present in a classic car older than 1971, they must be used. The police are therefore authorized to fine you even if seatbelts are present but not used. Naturally, for safety reasons, it is always wise to use seatbelts if they are present.
Until 1975, a car may be equipped with only two-point seat belts; from that year on, three-point seat belts are mandatory on the front seats.
Seatbelt requirement in the back seat
Cars first registered after 31 December 1989 but put into service before 1 October 2000 must be equipped with seat belts for all forward-facing seats. For youngtimers, this means that if there are only two seat belts on the rear seat, there are only two seats, even if three people can fit on the back. Therefore, no more people may be transported than there are seat belts available. If seat belts are present on the rear seat in a car from before 1989, their use is also mandatory here.
transporting children in a vintage car
Since 2008, the rules for transporting children in classic cars have changed. Children under the age of 3 may only be transported in a car if they are seated in an approved and suitable child seat. Furthermore, the seat must be securely fastened. Therefore, children under the age of 3 may not be transported in a classic car in which a child seat cannot be installed.
Children shorter than 1,35 m may only travel in a car with seat belts and/or a seat belt requirement with approved and fitting seat be transported. Children under the age of 12 must never be carried unrestrained on the front seat, even if there is no seatbelt requirement and there are no seatbelts present in the classic car.
During a seatbelt check, the police do not, in principle, check whether the seatbelt itself is approved and properly fastened. If a seatbelt is present, it must be used. At a Dutch Periodic Vehicle Inspection It must, of course, be evident that a seatbelt is sound and properly secured. Even if the classic car is not required to have seatbelts based on its year of manufacture, this is still a reason for rejection.
Exemption
It is possible to obtain an exemption from the seatbelt requirement along with the vehicle registration certificate, even if the vehicle in question is equipped with seatbelts. This can occur with cars imported from the United States. In such cases, the seatbelts are mounted in such a way that they offer no added value. This is because these seatbelts were mandatory in these vehicles in the United States, but there was no obligation to wear them.
The law versus safety
Something that is permitted by law is not necessarily the safest option. There are child seats that can be secured with a two-point seatbelt, but this is not recommended. By law, this is also permitted if the car dates from a specific period. A three-point seatbelt is always better because significant forces can be released during a collision that a two-point seatbelt simply cannot withstand. This applies not only to children in a seat on the back seat but also to adults. In our opinion, a safe construction for a child seat based on a two-point seatbelt is therefore not possible. Child seat manufacturers also always recommend securing with a three-point seatbelt for safety reasons.
Even when non-original seat belts are installed in a classic car, there is a high probability that this construction is not safe.
A proper construction requires reinforced mounting points with welded nuts that are present from the factory. In many classic cars, this is not the case. The logical thought is then to drill holes yourself and subsequently secure the seatbelt with a bolt and nut. A construction like this will not hold up in a collision or a hard emergency stop. It is therefore important to ensure proper seatbelt installation and to have this done by specialists and/or inspected.
I want to buy a 1978 Peugeot 604, but there are no seatbelts in the back. Can I have seatbelts installed in the back, and if so, where could I have that done?
Dear Frank,
We have a 1982 2CV. It only has 3-point seatbelts in the front. Our 5-year-old daughter is 125 cm tall and, according to the law, I believe she is not allowed to sit in the front (because she is not yet 135 cm). Legally, she would be allowed to sit in the back (unseated), but naturally, I do not want to transport her there because she would fly through the car in an accident. Is it correct that we therefore cannot/may not transport her at all in the 2CV? Not even with a booster seat secured by the seatbelt on the front seat?
I am curious about your reaction.
Sincerely,
esther
P.S. My husband wonders if he is allowed to transport his mother-in-law on the roof rack…
Hi Esther,
Legally, your daughter may sit on an (approved) booster seat in the front seat provided she is secured with a three-point seatbelt. In this case, this is also the only safe place, as there are no seatbelts in the back.
PS: I think the Imperial is the only right place for mothers-in-law 🙂
Do you perhaps have a good/safe tip for when the belt is too short to secure the child seat?
Dear M.
The only solution I can think of is installing a longer seatbelt. It concerns a child's safety, so I wouldn't take any risks here, nor would I attempt to fix it myself. With the latter, you also run the risk of it failing the MOT inspection.
Frank
Hi Frank,
I have a Pagode from before 1970, so it doesn't have seatbelts. Regulations say you can transport a 6-year-old without seatbelts, but only in the back. However, I don't have a back seat….:)
What are the rules then?
Regards,
Hey Jeff, I believe legally speaking, a child is sitting in the front seat without a seatbelt in that case. So the fact that you don't have a 'back seat' is immediately your answer: legally, that little one isn't allowed to come along unless you have a seatbelt installed. Incidentally, you also have to ask yourself whether you really want this in terms of safety: no seatbelt and no child lock on the passenger door. But that is another discussion.
We drive a 4600-kilo camper from 1978; it has no seatbelts, and the number of seats on the registration certificate is 0.
Does this vehicle fall under the category of trucks, meaning the seatbelt requirement only applies from 1990, or does it fall under the category of passenger cars because it is a camper?
Dear Sir/Madam, I would consider purchasing a classic Toyota FJ40.
There are 2 folding benches in the cargo area of this vehicle. (Originally made this way)
The benches are positioned perpendicular to the direction of travel.
Am I allowed to transport my children (3, 4, and 7) in there?
Regards
Dear Martin,
Interesting question to which I can answer partially, and which I will also break down for convenience:
The law
1.
The law states, in any case, that a child shorter than 1,35 meters must be seated in a child seat. There are exceptions to this if there is insufficient space, but that is not the case in an FJ40 or for occasional transport. In cars manufactured before 1971, seat belts are not mandatory, so they are not required for children either.
2.
The law states that it is not permitted to transport children in the back of the cargo area. The question now is whether the cargo area of an FJ40 is considered a cargo area under the law, or whether it is not because it has factory-fitted benches. I do not know the answer to this, but I think the law classifies it as a cargo area, and therefore children are not allowed to sit there.
3.
Perhaps the most important point: You have to ask yourself whether you consider it safe and responsible to transport children aged 3, 4, and 7 on a transversely positioned, not-very-comfortable bench seat using only a two-point seatbelt. I think that if you ever have to slam on the brakes, the consequences could be dramatic.
Frank
We have a Daf 33 with only simple seatbelts in the front. My son is now 6 months old, and we would like to take him with us (with earmuffs). We can wedge the Maxi-Cosi between the bench and the seat. Is this allowed? Or do we need to provide a seatbelt for him?
Dear Ilona,
I believe the following applies: “If your vehicle has no seat belts at all and no child restraint system can be installed, you may not transport children under the age of 3 in that vehicle. Children older than 3, but under 18 and shorter than 1.35 meters may be transported, but never in the front seat(s).” Apart from that (without wanting to sound preachy): do you personally consider wedgeding a Maxi-Cosi between the seat and the backrest safe and responsible for your child?