Draft Affirmative
Laid on: 28 November 2018
The legislation being amended by this instrument allows child restraints and seat belts of a type approved by another EU member State to be used in the UK; and provides for recognition of medical certificates issued in other EU member States to exempt a person from the requirement to wear a seat belt in the UK. It also contains powers and duties (in the Road Traffic Act 1988 (the 1988 Act) and the Road Traffic (Northern Ireland) Order 1995 (the 1995 Order)) for the Secretary of State, in relation to GB, and the Department for Infrastructure, in relation to NI, to make regulations for the purpose of implementing the seat belt Directive.
With the aim of facilitating continued ease of travel between the UK and EU member States, and to ensure clarity as to the scope of these criminal offences, this instrument amends the legislation so that the laws in the UK will continue to recognise child restraints and seat belts approved for use under the law of EU member States; and medical certificates issued in those States. Failure to make these legislative amendments could lead to an increase in cases being brought before the courts and also pressure on the National Health Service with EU nationals who have a medical certificate from a member State seeking appointments with General Practitioners to obtain a British medical certificate exempting them from wearing a seat belt or child restraint. It would also be disproportionate to expect persons from member States to have to obtain a GB or NI medical certificate if they are only here visiting for a short duration (such as a two week driving holiday).
From a NI perspective, sharing a land border with an EU member State would pose particular problems given the extent and frequency of cross border travel. The difficulties would be most felt by communities living in the immediate border areas.
The instrument also amends the powers and duties in the 1988 Act and the 1995 Order to make subordinate legislation in relation to the compulsory seat belt wearing requirements. When the UK has left the EU, it will no longer be necessary to have such powers which provide for subordinate legislation to be made for the purpose of implementing the seat belt Directive.
This instrument applies to road safety which is a transferred matter for Northern Ireland under the Northern Ireland Act 1998.
Return to List
|
