On 9th February 2023 the DVSA issued a "Daily Digest Bulletin" on the subject of seat belt buckle guards. A buckle guard is a component that is added to the standard seat belt equipment of a vehicle, in order to prevent the seat belt being released whilst the vehicle is in motion. They tend to be used by operators for school or local authority transport to ensure children do not unbuckle their seat belts without the driver knowing, which of course would be a safety issue, and would be very difficult to monitor by the driver when the vehicle is in motion.
The 9th February bulletin advised that the fitting of buckle guards to seat belts would breach regulation 48 (4) of the Road Vehicle (Construction and Use) Regulations 1986. This states amongst other things that "...the seat belt and its anchorages, fastenings and adjusting device shall be maintained free from any obvious defect which would be likely to affect adversely the performance by the seat belt...in the event of an accident to the vehicle" and that the seat belt should "...be so maintained that the belt can be readily fastened or unfastened" and perhaps most pertinently; must be "kept free from any temporary or permanent obstruction"
The DVSA appear to take the view that as such, seat belt buckle guards are not compliant with the regulations and in their view, they pose a significant safety risk. They are therefore advising operators not to use buckle guards on pain of enforcement action should any examiners encounter these items at any roadside checks. The main concern appears to be that in the event of an accident or emergency a passenger in a seat with a seat belt buckle guard would not be able to release the belt and get out of the vehicle without the assistance of another person. The threat of enforcement action against operators for the use of the guards was something of a "bolt from the blue", especially given that many in the PSV industry have been using buckle guards for many years without any enforcement from DVSA officers or the Police, and mindful that local authorities have approved of the use of seat belt buckle guards when providing SEN services.
A further bulletin was released on 17th February 2023 clarifying the earlier bulletin. In the second bulletin the DVSA highlighted their focus on the safety of PSV passengers and stated again the risk that the use of guards could prevent the release of a seat belt quickly in an emergency. The press release goes on to say "the alert was intended to support operators to ensure the safety of their passengers" and that it had wished to "highlight" the potential safety issues inherent with the guards and that the first action by DVSA examiners upon finding evidence of the use of the seat belt buckle guards would be to offer "advice and guidance about vehicle and passenger safety".
Regulation 48 goes on to distinguish the arrangements required in the case of a disabled person's seat and so operators will need to consider very carefully whether in each particular case the use of seat belt buckle guards is or is not lawful and safe.
Whilst the DVSA has revised it's advice on the use of the guards, and although it states in the 17th February 2023 bulletin that it "has no plans to target enforcement action against their use", the agency is consulting the Department for Education, Department for Transport, Schools, Local Authorities and parents about this matter, so it remains on their "radar" for the foreseeable future.
If you would like any further advice on this matter, or any other issue that is affecting your transport operation, then click here to send an email or call 01279 818280 to speak to one of our lawyers. We are here to help.
More News and Insight
Carrying Your Own: Horses to Widgets? Do you Need an O Licence?
The DVSA recently released a press release about the rules for transporting horses in horse boxes and trailers following an update on the guidance about using a tachograph in the vehicle being used to transport the animals…
The Senior Traffic Commissioner’s Statutory Guidance
The value of The Statutory Guidance Documents and the importance to operators, nominated transport managers and other professionals involved in the operation and driving of large commercial vehicles cannot be overstated…
Walkaround Checks – Where Road Safety Starts
Every day, often before the sun is above the horizon, hundreds of thousands of commercial vehicles are started up by their drivers and then they head out on to the UK’s road network to transport goods or passengers from one point to another, often with demanding time constraints thrown into the mix…
Traffic Commissioner’s Annual Report 2024/25: “Don’t Look Back in Anger”
Time has flown by and once again we find that the schools are back after the long summer break and the Office of the Traffic Commissioner has issued its annual report to the Secretary of State, providing a review of the year…
An Apple a Day to Keep the DVLA Away – A review of the DVLA’s Rules on Health Checks for Professional Drivers
There has been some discussion in the industry trade press recently that has highlighted proposed changes to how the disease of diabetes is monitored in professional drivers by the DVLA. One article in RouteOne Magazine stated that…
Light Goods – Heavyweight Industry: The DVSA’s New LGV Strategy
While relatively small in overall physical size light goods vehicles (LGVs) are now a large part of the UK road transport industry. There are currently estimated to be over 5.1 million light goods vehicles on UK roads today…
Employment Law Update – A tale like Scylla & Charybdis
Operators currently face their own real time nightmare in the form of a modern day version of the Greek mythological tale of Scylla and Charybdis (where sailors faced a narrow strait through which they had to pass which had a monster on one side and a whirlpool on the other!)…
Labour Government – Employment Rights Bill – What Will It Mean for Transport Businesses?
In October 2024 the Deputy Prime Minister, Angela Rayner set out her intention to reform the employment rights held by employees in the UK. In a press release issued at the time she is quoted a saying…
Revisiting the DVSA’s Guide to Maintaining Roadworthiness
In April 2025 the Driver & Vehicle Standards Agency (DVSA) issued the latest edition of its Guide to Maintaining Roadworthiness.
The Wheels on the Bus go Round & Round….but how do they Stop?
At the tail end of 2024 a Public Inquiry was held in front of Traffic Commissioner Kevin Rooney where the subject of brake maintenance practices was called into question…
Maintenance Provision Rating Scheme for Commercial Vehicle Workshops is Launched
One of the key tenants of running a commercial vehicle operation, whether ‘HGV’ or ‘PSV’ is that the maintenance of the vehicles is paramount. For some operators this will mean having their own maintenance facilities and teams to look after their fleet of vehicles in house, but the majority of operators in the UK are reliant on 3rd Party maintenance providers…
Changes to Brake Safety Inspections for Commercial Vehicles – April 2025
In April 2025 the brake testing regime guidance will change. Roller Brake Tests, that have been mandatory for years, will be joined by an Electronic Break Performance Monitoring System or EBPMS…
