The Arrive Alive website received a request for assistance in the interpretation of road traffic laws pertaining to child restraints:
“Does Reg213 (Seatbelts) apply to persons under 3 years old? At face value the Arrive Alive confirms this from a legal point of view by saying that children under three must be in a child restraining device if not using a safety belt. But, if I look at regulation 213, a child is between 3 and 14 yrs old, and under 1.5m tall. If a child falling into this category is not wearing a seat belt, then he or she must be in a child restraing device.
The SABS compliance standards for this device is also quoted. Persons taller than 1.5m or older than 14 yrs old, wear seat belts. No argument about the regulation, EXCEPT, what about a child/toddler under three years old. It appears to me that those persons telling me that there is no law in SA enforcing the use of child seats for this age group are correct. Can this be so? I have the full regulations in front of me, and as scary as it appears, it does appear so. Could you please give a definitive answer on this.”
We referred this to the Experts for commentary and would like to share the response:
“The NRTA [National Road Traffic Act] act states that if a child constraint is not available then the seat belt must be used irrespective of age in this case under 3yrs old. We urge parents to make use of child restraints if one can be obtained for extra protection for the child. Further Regulation 213 (6) states that the driver of a motor vehicle operated on a public road shall ensure that a child seated on a seat of the motor vehicle
(a) Where it is available in the motor vehicle , uses an appropriate child restraint or :
(b) If no child restraint is available, wears the seatbelt if an unoccupied seat which is fitted with a seatbelt is available.”
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