What is the law regarding infants in cars?

[Thomas]

what is the law regarding infants and the wearing of seat belts in a car?

[Lawbird Lawyer]

Dear Sir,

The applicable laws are as follows:

Real Decreto 1428/2003


Real Decreto 965/2006

Decree 965/2006 transposes into Spain's Legal System a UE Directive 91/671 on passenger security for vehicles weighing less than 3,5 tons (that is for cars). This Decree amends Decree 1428/2003 article 117.2 which refers to the security devices to be employed by underaged passengers in motorised vehicles.

The use of seat belts is compulsory for every passenger (including the driver) in a car whether underage or of legal age.

Front seats: < 12 y.o. can exceptionally use normal seat belts if they measure >135 cms

Rear seats:

• those below 135cms will compulsorily travel in the rear seats and will have to use statutorily a special device according to their own physical characteristics (weight and height)
• those between >135 cms < 150 cms will can either strap on a special device or else use normal seat belts.
• Those > 3 y.o. and <135 cms will wear special seat belts
• Those > 3 y.o. and <135 cms will have to travel in the rear seat.
• Those <3 y.o. will use a baby seat. If there’s no baby seat these toddlers are forbidden to travel in the car.


Yours faithfully,
Raymundo LarraÃ*n Nesbitt