Role of Seat Belts in Road Safety - Essay Example

Introduction While the UK has the best safety records in Europe, about five people still die on Britain roads every day. However, the number of car accident deaths has reduced from around 5,500 per year in the mid 1980s to fewer than 2,000 in 2010 as per the Royal Society for the Prevention of Accidents (Rospa, 2011). One of the important causes of road casualities is lack of seat belt wearing. Too many people are still ignoring the warning and if drivers and passengers adhered to the seat belt policy approximately 300 lives could be saved every year in the United Kingdom. The UK government tries to enforce the seat belt policy which was first implemented in 1983 (BBC News, 2009). Seat belts have saved 35,000 lives in the UK in the past 25 years. In 2007, 1432 car occupants were killed in car accidents out of which 34% had not belted up (BBC News, 2009). Benefits of using the seat belt Seat belts and child restraints are secondary safety devices designed to minimize and prevent injury to the car occupants when a crash occurs (FIA Foundation, 2009). They reduce the contact with the interior of the vehicle thereby reducing the severity of the injuries if it occurs. They also prevent the occupants from being ejected from the vehicle in addition to preventing injury to other occupants of the vehicle. Studies conducted throughout the world have shown conclusively that seat belts if worn properly can save lives. Usage of seat belts reduces the probability of being killed by 40-50% of the drivers and front seat passengers and by about 25% for the rear seat passengers (FIA Foundation, 2009). Seat belts have been found to be most effective in frontal impacts and in run-off-the-road crashes. However, even though the seat belts have been suitably designed and the law formulated and implemented, valuable lives are still lost as people ignore warnings. Wearing the seat belt can increase the chances of survival in a crash or reduce the likelihood of serious injury (National Accident Helpline, 2010) but most people do not pay heed to such warning especially for short journeys. Seat belts limit the forward motion of the occupant which slows down the occupant’s deceleration in a crash. This prevents the occupant’s ejection from the vehicle. National seat belt policy Both drivers and passengers in the UK have to follow the national seat belt law (Hartman, 2012). If the car is equipped with seat belts the driver and the passengers both in the front and back seats have to wear the seat belts. If the passenger violates the law the passengers is ticketed and not the driver. However, the driver is responsible for the children in the car. Child seat belt policy Children and infants need a child restraint system that accommodates their size and weight. It is the driver’s responsibility to ensure that only one person is carried in each seat fitted with a seat belt (Directgov, n.d.). All those above the age of 14 are responsible for wearing the seat belt. Children must use the correct car seat for their weight until they become 135 centimeters or till they reach their 12th birthday, whichever is earlier. Drivers cannot carry children less than three years if the car is not equipped with seatbelts. In the front seat it is illegal to carry a child in the rear-facing child seat in the front which is protected by an active frontal air bag (Rospa, 2011a). In the rear seat child restraint is mandatory. However, if this is not available in hired taxis or vehicles, then the child may travel unrestrained in the rear. This is permissible only for children under three and has been exempted because of practical rather than safety reasons. If there are more people than seat belts in a car, others may travel without the seat belt although it is at the cost of safety. The government advices to make more trips or use a bigger vehicle if the number of people is more than the number of seat belts provided in the car Rospa, 2012). However, under the eventuality that it is necessary for some to travel without a seat belt, the heaviest people should use the seat belt as they could cause more injuries to other passengers if they are thrown out of car during a crash. From September 2006 seat belt laws have been amended especially as they pertain to children. The new rules were meant to protect the children because as per the report released by the DoT 11,000 children were killed in car accidents. Proper use of child car restraints could have prevented a great number of these deaths and injuries. However, merely using the restraint is not enough; the right restraint has to be used. Using the adult belt before the child is big enough serves no purpose. An appropriate safety restraint would conform to the United Nations Standard, ECE Regulation 44-03 (Wilkinson, 2010). It should be suitable for the child’s weight and age and should be appropriately fitted as per the manufacturer’s instructions. The new rules also advice that rear facing baby seats must not be used in front passenger seats where airbags are fitted, unless the airbags have been deactivated. Hence there are various types of seats for babies and children depending upon their age and weight. These include baby seats for infants weighing up to 13 kg and before they reach one year of age, child seat for those between 1-4 years (9-18 kg), booster seat for children between 4-12 years (15-36 kg) and booster cushion for 4-12 years or 135cm tall. If the correct restraint is not used a spot fixed penalty of £30 is levied. With persistent offence or of the driver is taken to the court the penalty may go up to £500. Right usage of the seat belts For effective usage of the seat belts they must be worn in the right manner. There are certain methods prescribed by the government for normal as well as pregnant women (Directgov, n.d.). The seat belt should be worn as close to the body as possible and it should not have any slack or twisting in the straps. The shoulder belt should lie across the chest and over the shoulder, away from the neck. The lap belt should go from hip bone to hip bone and not across the stomach. For pregnant women too it is mandatory to wear the seat belt unless advice against it on medical grounds. Pregnant women would be better off if they wore the diagonal straps between the breasts moving it around the side of the bump. The lap strap should not go over the belly button. If the pregnant women are driving they need to be extra cautious in adjusting the seat belt so that they can comfortably reach the clutch, brake and accelerator (Directgov, n.d.). Failure to do would affect the response time in case of need. Handicapped or disabled people may need special belts or could even be exempt from usage of seat belts. Exemptions The Government has also specified the exemptions from using the seat belt. For instance, vehicles used for police, fire or rescue services are exempt from using the seat belt. Similarly, while reversing the car or supervising the learner to reverse is exempt from seat belt usage. While investigating a fault one can abstain from using the seat belt as also the passengers in a trade vehicle. Driver of a goods vehicle that is delivering goods at less than 50 metres is also exempt from the law, in addition to the licensed taxi driver who is carrying passengers. On medical grounds also exemptions have been granted provided it is under medical advice. However, in this case the medical advice or the Certificate of Exemption must be kept in the car at all times and must be produced when demanded by the police. The car insurer also has to be informed that the driver/passenger has been advised not to use the seat belt on medical grounds. Timeline of the seatbelt policy The Department for Transport (DoT), Government of UK made the use of seat belt compulsory in front of the car in 1983. This was soon followed by back seat belt use by children in 1989 (BBC News, 2009). Now belting has become the second nature of people that they belt up as soon as they get into a vehicle. This took years of campaigning to get the first statute on the law books. Wearing a seat belt in the back of the car became compulsory in 1991. However the battle started in 1973 when a bill concerning seat belt was introduced. Different Bills were introduced between 1973 and 1981. It was only in 1981 that the Bill became a law when it was agreed to introduce compulsory seat belt wearing for a period of three years, after which it became compulsory in 1983 (Rospa, 2012a). The driver of the vehicle – be it cars, taxis and private hire cars – is responsible for wearing the seat belt for himself and for all children under the age of fourteen. For children over 14 and all adults the passenger is responsible for wearing the seat belt (Rospa, 2012). Even though the Bill was proposed in the 1970s the bureaucrats and the Ministry were concerned about how to enforce the wearing of the seat belt. The police said they would be wasting their time in trying to enforce the law and the civil servants worried that old people would not wear them (Bates, 2008). Thus a campaign was started with voluntary persuasion and compulsion was kept as a last resort. The police expressed concern because it would add to their difficulties in spotting all cars that passed by. The bureaucrats had to proceed with great caution as they had to take into consideration several stakeholders such as children, pregnant women, handicapped and ailing people, people with disabilities and those that had undergone surgery recently. They also had to consider the deformed and the obese, the exceptionally tall and those with low mental capacity. The greatest concern were the old people who are law abiding but because they would not like to put up with seat belt, they would avoid car usage at all. However, such concerns could not be exempted and the civil servants decided that exemptions would be granted only under exceptional circumstances. Through extensive arguments and debates the bill was finally passed in 1983. Legal penalties Drivers or passengers that fail to wear a seat belt and are convicted are liable to a fine of up to £500 (Rospa, 2012). If the driver fails to ensure that a child is well equipped in a child restraint seat, he/she is liable to be convicted with a fine of up to £500. Such failures, in addition to penalties could also affect any claims against the motor insurance cover. The convict could also face civil proceedings for damages especially if the driver fails to carry someone else’s child safely. Even though failure to wear a seat belt carries a fine up to £500 no endorsement is made on the licence. A fixed penalty notice is issued allowing the incumbent the option of paying £60 as fine (Law on the Web, 2011). The younger drivers between 21 and 25 years are the ones that skip wearing the seat belt the most. Even though the road deaths have reduced they would be eliminated altogether if people resorted to abiding by the law. The government hence runs advertisement campaigns highlighting the dangers of not wearing the seat belt. In fact it has also doubled the penalty of not wearing the seat belt to £60 (BBC News, 2009). By increasing the risk penalty the intention was to send a clear message to the motorists that the government would crack down on them if they failed to take this vital precaution for their own lives and those of others (Admiral, 2009). While the recent amendments have taken care of seat restraints for the children, focus has to be given even on the adult stakeholders. Six percent of the adults fail to belt themselves when seated in the car and even after 25 years of the seat belt law 370 people still die every year in car crashes (MailOnline, 2008). Regular targeted campaigns are being conducted to create awareness but a small section of people still ignore the warnings. Perhaps some penalty points could make them sit and pay heed to the law. Even an unbelted rear seat passenger can be thrown forward with a force of between 30 and 60 times your own body weight. Thus despite the front seat passengers wearing the seat belt, they could be injured if the rear seat passengers have not been wearing the seat belt. To set the example for their children the adults need to be disciplined first. Stakeholders Apart from the government and the citizens, the greatest stakeholders in car accidents are the insurers. However, if the car owners drive unsafely without using the seat belt, they violate the terms of the insurance policy (Wiz, 2011). Most customers sign without reading the details of the insurance policy but wearing the seat belt is mandatory to receive compensation. If however, the accident occurs leading to mishap or injury, the insurance companies take care of the car damage and also compensation for the individual concerned. The insurance company can also hike the premium if the driver or passengers have been found not to wear the seat belt. If an incumbent is involved in road traffic accident (RTA) while not wearing the seat belt, he would still get compensation but the amount would be reduced by about 25 percent (Bolton, 2011). As per the UK law this is known as ‘contributory negligence’. One may not have caused the injury but contributed towards worsening the injuries by failing to look after one’s own safety. Except for a few exceptions, everyone is required by law to wear a seat belt. Secondly, it is assumed that if the seat belt was worn the injuries could have been reduced. Based on these arguments compensation is reduced by about 25 percent (Campbell, 2009). Contributory negligence is hence the legal principle that an injured party or the plaintiff may have contributed to his or her own injury by acting in a negligent manner when faced with obvious conditions. Other stakeholders include the car manufacturers and the seat belt manufacturers. Claims for damage are determined by the cause of the damage and if the damage has been due to normal wear and tear insurance is not covered. However seat belts in accidents can also cause injury such as whiplash neck seat belt injury and chest, and lung injuries (Bolton, 2011). During car crashes the body and the chest can be restrained by the seat belt but the head can be thrown back and forward leading to fatal injuries to the muscles, nerves, ligaments and possibly even in the cervical spine. While the seat belt can save life it can also cause damage such as chest and lung injuries such as bruising, burns and even a collapsed lung. The compensation would depend upon the severity of the injury and the part of the body injured. If an injury occurs because the seat belt failed to function correctly, the driver/passenger can claim against the manufacturer of the car for a defective product under the area of law known as ‘product liability’ (Bolton, 2011). Seat belt injuries can occur during accidents and compensation can be claimed against them. If the seat belt fails to function properly it could lead to severe illness like Alzheimer’s disease. A defective seat belt can cause very severe injuries, much above normal. Seat belt defects that contribute to a product liability can include retractor failure, torn webbing, failure to respond automatically, or the tension relieving devices may not work properly (Youclaim, 2011). False latching may also occur which implies that the buckle appears to be closed when it is not. This indicates that people are likely to be thrown out during a crash despite wearing the seat belt. Under the circumstances that the seat belt does not function and injury occurs despite wearing the seat belt, compensation can be claimed under ‘product liability’. However, it would be difficult to prove that the buckle was open or closed, or the seat belt was faulty because the injured may not be in a state to explain the incident. It would then depend on how the lawyers fight the claim. Conclusion The UK Government has several policies formulated in the best interests of the citizens. One such policy is the seat belt policy. After several years of discussions and debates the Bill was passed introducing the seat belt policy. Seat belts have to be worn whenever supplied by the car manufacturer. This is applicable to the drivers, the front seat passengers as well as the rear seat passengers. The aim was to reduce the number deaths occurring due to lack of seat belts. Seat belts have globally contributed towards reduction in deaths and injuries. The law has a special policy for the infants and children where child restraints have to be used. Different restraint formats have been prescribed for different sizes and weights of the children up to 14 years. The driver of the car is responsible to ensure that children up to the 14 years have the seat belt on. The seat belt policy also specifies the right usage of the seat belt and exemptions from usage under exceptional circumstances. However, apart from the government and the citizens, the other stakeholders include the insurance companies and the auto manufacturers. The citizens are liable to receive a reduction in their compensation if they are found not wearing the seat belt as they are held responsible for ‘contributory negligence’. However, if the seat belt fails to function and results in injury even when worn, the manufacturer is liable to compensate for ‘product liability’. Despite the Government trying to enforce the law a small minority abstains from using the seat belt thereby resulting in several deaths every year. However, the policy has made a great impact because the number of deaths over the past twenty five years has drastically reduced. Reference Admiral. 2009. Seatbelt fine doubles in safety crackdown. Retrieved online 16 January 2012 from http://www.admiral.com/news-articles/3519/seatbelt-fine-doubles-in-safety-crackdown/ Bates, S. Friday 1, August 2008. National Archives: Police opposed seat belts law as waste of their time. The Guardian. Retrieved online 16 January 2012 from http://www.guardian.co.uk/uk/2008/aug/01/nationalarchives.police BBC News. 2009. Hundreds die without seatbelts. BBC News. Retrieved online 16 January 2012 from http://news.bbc.co.uk/2/hi/uk_news/8197875.stm Bolton, K. 2011. Road Traffic Accident Solicitor: Car Whiplash And Motor Cycle Injury Compensation Specialist. Retrieved online 16 January 2012 from http://www.accident-claim-expert.co.uk/car-accident/seat-belt-injury.html Campbell, E.P. 2009. What is Contributory Negligence? Retrieved online 16 January 2012 from http://www.injury-compensation.ie/what-is-contributory-negligence/ Directgov. n.d. Using a seat belt. Travel & Transport. Retrieved online 16 January 2012 from http://www.direct.gov.uk/en/TravelAndTransport/Roadsafetyadvice/DG_4022064 FIA Foundation, 2009. Seat-belts and child restraints: a road safety manual for decision-makers and practitioners. FIA Foundation for the Automobile and Society. Retrieved online 16 January 2012 from http://whqlibdoc.who.int/road_safety/2009/9780956140302_eng.pdf Hartman, D. 2012. UK Driving Laws. Retrieved online 16 January 2012 from http://www.ehow.com/list_6120662_uk-driving-laws.html Law on the Web. 2011. Seat Belts. Retrieved online 16 January 2012 from http://www.lawontheweb.co.uk/Road_Traffic_Law/Seat_Belts MailOnline. January 31, 2008. 25 years since seat belt law introduced - yet 370 still die every year because they dont belt up. Retrieved online 16 January 2012 from http://www.dailymail.co.uk/news/article-511484/25-years-seat-belt-law-introduced--370-die-year-dont-belt-up.html National Accident Helpline. 2010. Safety on the Road. Retrieved online 16 January 2012 from http://www.national-accident-helpline.co.uk/accident-claims/health-and-safety/road-safety.html ROSPA. 2011. How many people are killed or injured on Britain’s roads? Retrieved online 16 January 2012 from http://www.rospa.com/faqs/detail.aspx?faq=296 ROSPA. 2011a. The Law on Child Car Seats. Retrieved online 16 January 2012 from http://www.childcarseats.org.uk/law/ ROSPA. 2012. The Law on Child Car Seats. Retrieved online 16 January 2012 from http://www.childcarseats.org.uk/law/#lawtable ROSPA. 2012a. The Law: How belting up became law. Retrieved online 16 January 2012 from http://www.childcarseats.org.uk/law/seatbelts.htm Youclaim. 2011. Faulty seatbelts cause injury and can result in product liability claims. Retrieved online 16 January 2012 from http://www.youclaim.co.uk/Faulty-seatbelts-and-product-liability-claims.htm Wilkinson, T. 2010. Car Seat Regulations. Retrieved online 16 January 2012 from http://www.safermotoring.co.uk/carseatregulations.html Wiz. 2011. Many Seatbelt-Free Drivers May Invalidate Their Car Insurance Policy. Retrieved online 16 January 2012 from http://www.carinsurancecomparisonsites.com/insurance-news/many-seatbelt-free-drivers-may-invalidate-their-car-insurance-policy/ Read More