Law confirmation

Posted: Wed Feb 21, 2018 7:13pm

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Andyb1208

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Hi all,

Can someone confirm if my 11 year old granddaughter is required to use a seat elevator. She is 145cm tall and weighs 35kg

I’ve looked online and seem to have conflicting answers

Thanks in advance

KR

Andy

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Posted: Thu Feb 22, 2018 5:47am

jimtaylor

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Posted: Thu Feb 22, 2018 5:47am

I'm not surprised that you've found conflicting answers, as the legislation has changed a number of times, and is anticipated to change again (which to me is a disincentive for anyone to buy a currently approved child seat, as what is currently approved may not be in the near future).

I think the critical thing is the height of your grand-daughter.

The original 2003 legislation (Real Decreto 1428/2003) put restrictions on any child under the height of 150 cms. However, this was changed in 2015 (Real Decreto 667/2015) and the restriction now applies to children of or under 135 cms:

los menores de edad de estatura igual o inferior a 135 centímetros deberán utilizar sistemas de retención infantil

"minors of equal or less than 135 centimetres must use child restraint systems"

That being the case, as she exceeds 135 cms, your grand-daughter doesn't need a booster seat or any other child seat.

I know that Pete agrees with me that although the N332 website is excellent, their interpretations or explanations of the law sometimes aren't clear enough. What they say about the classes of seats is correct but, by saying what they do, they're implying that the law requires your grand-daughter to use a Group III seat. That's not how I read the actual law.

My conclusion - you don't by law need any form of booster seat for your grand-daughter. However, if the seat belt in your car doesn't run across her collarbone, then provide a booster seat for her own safety.