# Transporting passengers in motorhomes



## shingi (Apr 18, 2008)

I have a 2002 four berth vehicle with a large u-shaped lounge. Can anyone answer this for me please? 
Putting aside the sleeping aspect how many passengers can I transport within the vehicle and by this I mean could I seat four passengers in the lounge, with me and hubby up front for the purposes of a day-out? 
I have consulted my insurance policy and all I can find (the first time round!) is that they will cover "anyone travelling in, getting into or out of your motorhome." 
I don't have rear seat belts so would be within the law in that respect. I know that there is a safety issue with lack of belts but I am trying to discover the legal standpoint. I'm asking this before I phone the insurers
just in case that can be pre-empted. 
Many thanks


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## Fatalhud (Mar 3, 2006)

Hi you also have to consider weather the vehicle will be over weight with all those passengers on board

Alan H


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## wakk44 (Jun 15, 2006)

As you have a m/home registered before 2007 and do not have any rear seat belts fitted you can carry as many passengers in the back as you want,the only thing that the law stipulates is that you must not be overloaded.

There is also legislation concerning carrying children in the rear which can be found on the link below

Check this from UK motorhomes;-

_--------------------------------------------------------------------------------

Seatbelts and the law 
(last updated June 2008)

We asked the Department for Transport for their interpretation on the law as it applies to seatbelts fitted in motorhomes, this article gives the essence of the information that they gave us:

The information below relates to the fitting of seatbelts and the wearing of seatbelts by adults. There is specific legislation, introduced in 2006, concerning the carrying of children in vehicles. Rather than trying to present all the somewhat complicated regulations here, please see: www.thinkroadsafety.gov.uk/campaigns/childcarseats/childcarseats.htm

For vehicles built up to Oxtober 2007 there was no legal requirement to have seat belts fitted to side-facing seats or seats that make up the accommodation area in motor caravans. 
Regulation 46 of the Road Vehicles (Construction and Use) Regulations 1986, as amended, states motor caravans first used on or after 1st April 1982 but before 1 October 1988 shall be equipped with anchorage points for the driver's seat and specified passenger seat (if any); and for motor caravans first used on or after 1st October 1988 shall be equipped with anchorage points for the driver's seat and any forward-facing front seat. 
You can download a copy of the SI at http://www.opsi.gov.uk/si/si2001/20011043.htm. 
However, this did not preclude manufacturers fitting seat belts to forward facing or rearward facing seats within the accommodation area if they wished to do so. 
Where seat belts are fitted they must be worn.

Seats in the rear of a campervan/motorhome did not, prior to October 2007, require seatbelts (whether forward, rearward or sideways facing) and it is not illegal to carry unrestrained passengers in them while travelling, providing the vehicle is not overloaded. It is not something we would recommend, however.

Although current seat belt wearing regulations do not currently prohibit carrying more passengers in vehicles than there are seat belts available, the police may prosecute drivers for carrying passengers in a manner that may injure someone. 
We would advise that no-one should be carried in any unbelted seat in the rear of a motorhome.

An EU Directive (2005/40/EC) on the installation of seat belts required that from 20 October 2007 new vehicles have to have seat belts fitted on all seats except those seats intended solely for use when the vehicle is stationary.

Where seat belts are fitted, from May 2009, the seat belt wearing Directive will prevent more passengers being carried than there are seat belts in the rear of vehicles. This will mean that from May 2009, in any vehicle of whatever age, where seat belts are fitted in the rear, more passengers may not be carried in the rear than there are seat belts available.

The critical point for owners of older motorhomes is that it will not become illegal to carry passengers in the rear, provided that no seatbelts are fitted to any seats behind the driver and front passenger seats. Owners of any motorhome that has belts fitted to any seat in the rear will need to be aware that, from May 2009, it will be illegal to carry passengers in any unbelted seats.

The advisability of carrying unrestrained passengers is another matter, to quote the DfT spokesman:

'... the police can already act where people in the rear of any vehicle are considered to be carried in a dangerous manner because they are unrestrained. [Owners] should beware of unbelted passengers. In a crash, they can injure others in the vehicle ...'.

In addition to considering the legal and safety issues involved, owners who intend to carry passengers in unbelted seats must check with their insurers to confirm that this is acceptable to them.

Our advice is that, regardless of the letter of the law, all passengers should wear seat belts. _


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## shingi (Apr 18, 2008)

Many thanks to you both for your advice. Very helpful indeed.


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## Penquin (Oct 15, 2007)

What does it say on your V5 about the number of passenger places? Insurers may take that as the definitive asnwer.

Rear setat belts are a safety feature in a vehicle of that age from our experience rather thahn a legal requirement BUT that is (or should be) a major consideration. In the event of a sudden stop would you like to be assaulted by a rear passenger as they hurtle forward and exit via the windscreen? There was a very hard-hittning advert a few years ago about a woman who new the person who killed her - it was her back seat passenger. That ad was made for a reason and should be carefully thought about, irrespective of what your insurers say about; _that they will cover "anyone travelling in, getting into or out of your motorhome." _

Motorhomes do not always have as many passenger seats as they have berths - even the newest ones where there are legal requirements for front facing seat belts.

Check out this thread;

http://www.motorhomefacts.com/ftopic-39170.html

It contains a lot of sensible advice and links.

Dave


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## shingi (Apr 18, 2008)

Dave,
Thanks for your post. I have my V5 in front of me and there is a "Number of seats including driver" bit which is blank.


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## Zebedee (Oct 3, 2007)

wakk44 said:


> As you have a m/home registered before 2007 and do not have any rear seat belts fitted you can carry as many passengers in the back as you want,the only thing that the law stipulates is that you must not be overloaded.
> [/i]


Hi Steve

This question keeps coming up again and again.

You don't fancy doing a short piece for Grizzly's FAQ's I suppose, including these informative links - assuming there isn't already on in there. (I haven't checked.)

Dave


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## Penquin (Oct 15, 2007)

As wakk44 said;

_"As you have a m/home registered before 2007 and do not have any rear seat belts fitted you can carry as many passengers in the back as you want,the only thing that the law stipulates is that you must not be overloaded." _

That is your only guide then other than the overweight restriction.

Unless anyone knows anything different?????? :?


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## wakk44 (Jun 15, 2006)

Hi Dave,

Just had a look on FAQ and your right,nothing re seatbelts,

will do a thread for seatbelts FAQ later


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## Penquin (Oct 15, 2007)

Thanks Steve on behalf of the majority of owners of pre-2007 vehicles!

Dave (yet another!)


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