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Another flaw in seatbelt law

Government is to close loopholes in the new seatbelt law after it emerged it was impossible to ticket people for not buckling up.

The Act came into force on January 1 with fines of up to $2,100 for motorists caught not wearing seatbelts.

However, a Police source informed The Royal Gazette that few drivers, if any, have been ticketed because the process is now so complicated.

The Act cannot be used as it was intended because it is not linked to the ticketable offences legislation so offenders cannot be given a moving violation ticket.

In order to prosecute anyone Police have to process around five documents - a mountain of paperwork that few can be bothered with.

The Police source told The Royal Gazette: “Officers have to deal with accidents, domestic situations, fighting and real emergencies. It would be hard to find time for this, particularly as we are undermanned.

“They are saying they're trying to change the law but they said they were going to build a new Police station and that was 25 years ago.”

The source said Police were adopting an unofficial policy of only proceeding if people were repeatedly offending.

Transport Minister Dr. Ewart Brown said last night that Government was aware of the problem and would be closing the loophole soon.

Transport Permanent Secretary Mark Telemaque said the change would come in the form of regulations rather than legislation and would occur some time in April.

According to the Police source, the law covering child seat belts was even more complicated.

“You have to interpret the weight of child in regard to the seat. Since Police cars don't carry around scales it's quite complicated.”

Children up to one year old and who weigh up to 20 pounds must be in a rear-facing infant seat while children weighing from 20 to 40 pounds must be in a forward facing child seat.

To complicate matters further cars that were not manufactured with seat belts are not required to modify their vehicle.

The driver of the vehicle is legally responsible for ensuring all occupants under the age of 18 years of age use seat belts or appropriate child restraints. If not, the adult may be fined for each child not in compliance with the law.

Government hopes the number of injuries to children in collisions would be lowered if parents outfit their cars with the proper child safety seats.

No one, except for drivers with cars not fitted with seat belts, is exempt from buckling up - including those with commercial vehicles and taxis.