GuideLast checked 2 Oct 2026
Child passengers and seat belts in a PHV
Who is responsible for seat belts and child seats in a London PHV, what the handbook says if no car seat is available, and what to check on GOV.UK.
Families book private hire for school runs, airport trips and hospital visits. That puts the driver in charge of a question many people get wrong: who has to be in a seat belt or a child seat, and what happens if the right seat is not there? The handbook gives a direct answer. This guide explains it and points to the GOV.UK rules for the details the handbook does not cover.
The handbook rule
Section 7 says all adults must wear a seat belt, and drivers should encourage adult passengers to wear one for their own safety. It adds that drivers must make sure all children are correctly seated and restrained, and that drivers are responsible for making sure children under 14 years of age wear seat belts or sit in an approved child car seat.
The wording is about responsibility. For children under 14, the legal risk is yours, not the parent's.
If the right child seat is missing
The handbook allows an exception. If the correct child car seat is not available, children can travel without one, but only if they sit on a rear seat. It gives two cases:
| Child's age | What the handbook says |
|---|---|
| 3 or older | Wear an adult seat belt, in a rear seat. |
| Under 3 | May travel without a seat belt, in a rear seat. |
Treat this as a fallback. It is not a reason to leave the seat at home. The glossary describes approved child car seats as seats designed for children depending on their age and height, which, with a seat belt, keep them safe.
What GOV.UK says now
We read GOV.UK's seat belt page on 2 October 2026. It says drivers must make sure children use the correct car seat for their height or weight until they reach 135 centimetres tall or their 12th birthday, whichever comes first. Children aged 12 or 13, or younger children taller than 135 centimetres, must wear a seat belt. Drivers can be fined if a child under 14 is not properly restrained. The page we read did not give separate rules for taxis or private hire vehicles, so check GOV.UK directly for any exceptions that apply to PHV work. The handbook's exception above is from 2021, so confirm it is still current.
A practical routine
- When you accept a booking with a child, check the notes for the child's age and any seat requirement.
- If the passenger brings their own seat, check it is fitted properly before you set off.
- If no suitable seat is available, check the age and where the child can sit, and tell your operator.
- Check every seat belt is fastened before you pull away.
- Tell adults the belt rule politely, and why.
The handbook does not tell you to refuse a booking for a missing seat. Ask your operator what its policy is. Our guide to choosing an operator includes questions like this.
Unaccompanied children
Section 9 says if your passenger is an unaccompanied child, make sure your operator knows, and that you know the name of the adult who will meet the child at the end of the journey. Your operator should give you that information. See the safeguarding guide for the wider duty of care, and keep your own conduct professional at all times, as professional conduct with passengers explains.
Seat belts and wheelchairs
For wheelchair users, the handbook says a driver of a designated wheelchair accessible PHV must carry the passenger while they stay in the wheelchair, with the safety belts attached to keep it in a safe position. The vehicle checks in section 7 also list wheelchair safety belts. See wheelchair passengers and assistance dogs and the daily vehicle check.
Penalties
The handbook says failing to follow the traffic laws it lists may bring a fixed penalty notice or prosecution, which can mean a fine and penalty points, a driving ban, and the possible loss of your PHV driver's licence. The amount is not stated, and we do not repeat it.
What this guide cannot tell you
It does not cover seat fitting, seat types or every exemption in the law. Use the manufacturer's instructions and GOV.UK. You can practise the section 7 material in SERU practice.
Where this comes from
Handbook section 7 (Following traffic laws before a journey begins; Vehicle safety), section 8 (Designated wheelchair accessible PHVs), section 9 (Carrying unaccompanied children) and the glossary. GOV.UK seat belt page, read on 2 October 2026.