DVSA's Seatbelt Buckle Guard Ban: A Safety Measure Under Scrutiny
In the world of transport, safety is paramount. In the statutory taxi and private hire guidance, it clearly states that the safety of the public is a licensing authorities primary concern.
But one safety measure that has recently sparked controversy is the use of seatbelt buckle guards. Buckle guards are a device designed to prevent the release of seatbelts, or at the least, make it difficult.
Seatbelt buckle guards have become a regular feature of many vehicles involved in transporting SEND children to and from school. This is because many children play with their seatbelt and release it while the vehicle is moving.
Many parents and drivers support the usage of these devices as a safeguarding measure. However, the Driver and Vehicle Standards Agency (DVSA), have caused a stir among parents, transport operators, and local authorities, by banning them.
The DVSA's Decision
The DVSA, in a recent email bulletin, declared the use of seatbelt buckle guards on Public Service Vehicles (PSVs) as non-compliant with regulation 48 (4) of the Road Vehicle (Construction and Use) Regulations 1986.
In the email, the DVSA explained:
“We have been made aware of Public Service Vehicle operators using seatbelt buckle guards.
They are often used on school or local authority transport.
Legislation
Fitting buckle guards to a seat belt breaches the Road Vehicle (Construction and Use) Regulations 1986, regulation 48 (4).
The purpose of regulation 48 (“Maintenance of seat belts and anchorage points”) is to ensure that maintenance is adequate to ensure the safety of the vehicle passenger.
The use of a seat belt buckle guard is a deliberate and intended addition to the seat belt and is not exempt under regulation 48 (5) of the regulations.”
Possible enforcement action
If your vehicle is stopped at the roadside by a DVSA Examiner, and you have seatbelt buckle guards on your PSVs, it is likely that a prohibition will be issued alongside other possible enforcement action. The DVSA’s guidance is simply to avoid disruption to your operations, do not use buckle guards.”
The ban has been met with a wave of reactions. Parents have voiced their concerns about the safety of their children without the use of buckle guards.
Transport operators and local authorities, on the other hand, are grappling with the sudden need to adapt their vehicles and practices to comply with the new regulations.
Implications of the Ban
The implications of the ban are far-reaching. Operators found using seatbelt buckle guards on their PSVs could face prohibitions, which would be recorded against their Operator Licence. This could then be considered by a Traffic Commissioner in any future Public Inquiry.
This has raised concerns among operators about the potential impact on their licenses and their ability to provide safe transport services.
Despite the controversy, efforts are underway to find safe and compliant alternatives to seatbelt buckle guards.
The DVSA is consulting with various stakeholders, including the Department for Education, Department for Transport, Schools, Local Authorities, and parents, to navigate this complex issue.
However, finding a solution that balances safety with practicality is a challenging task.
As the industry grapples with this issue, it underscores the importance of staying informed and adaptable in the face of changing regulations.
As we move forward, the focus remains on ensuring the safety of all passengers, particularly our children, in the most effective and practical way possible.