Driver in court over woman and child using same belt

A TAXI driver could be punished by the courts over an incident involving a two-year-old child sitting on a woman's knee in the back of his car.

David Whyte was stopped by a police officer who saw the child being restrained by the woman's seat belt while both were in the back of his taxi.

The incident was deemed by the police to carry the risk of potentially causing danger to those in the vehicle or others.

Whyte, 52, of Western Outway, Grimsby, found himself facing a court hearing as a result of the incident.

He denied a charge that the way a passenger was carried in his taxi caused danger, or was likely to do so.

The case was listed for trial at Grimsby Magistrates' Court – but there were immediately problems on how to interpret regulations and exemptions affecting taxi drivers.

Manisha Singh, prosecuting, said a police officer spotted a woman in the back of Whyte's taxi in Welholme Road, Grimsby, on July 28.

She had a two-year-old child on her lap and both were being restrained by the woman's seat belt, which was "wrapped round" them both.

"By carrying the child in that manner, it was very dangerous and likely to cause a serious injury," claimed Miss Singh.

Defence solicitor Roy Foreman said Whyte's taxi was licensed to carry six passengers. There were four adults and the two-year-old child.

The taxi did not carry specialist child restraints for a youngster of that age – and there was an exemption in the regulations for taxi drivers for children under the age of three in such situations.

The regulations stated that, if there were no such child restraints, a taxi MAY carry a young child unrestrained by a seat belt – but did not HAVE to do so.

Mr Foreman said he believed that a taxi driver would not be committing an offence in such circumstances.

He added that, by the same token, it would not be an offence if the child was restrained by a seat belt while on the lap of a parent or other adult.

District judge Daniel Curtis said the regulations and exemptions for taxi drivers were not clear in law and he wanted to carry out more research into the matter.

But he said it seemed to him that having a child sharing an adult's seat belt could be seen as "a dangerous thing to do".

He added: "If the child came out of that seat belt, it could cause danger to someone else."

The case was adjourned until Friday so the prosecution can also consider whether the matter is in the public interest to pursue.