Belts, child seats and seating

What the rule saysWhat it turns onWhere it goes wrong
When a child seat is requiredFor passengers younger than 18 AND shorter than 1.35 metres, in an approved child restraint system.On the word “and”. Both conditions must hold; drop one and the ordinary belt suffices.Remembering only one. “Up to 12” and “under 1.35 m” both circulate, and both are wrong: a tall ten-year-old needs no seat, a short sixteen-year-old does.
No more passengers than beltsIf the passenger seats have belts, then no MORE passengers may sit there than there are belts.On the belts, not on the seats. Three children in the back of a car with two rear belts is forbidden, however slim they are.Overlooking this sentence: it is the third sentence of the same paragraph and is almost never quoted, though it is what decides how many people can come along.
The third child in the backIf a third child seat will not fit after two, a third passenger aged 3 or over and under 1.35 m may travel on the ORDINARY BELT — and not in the front seats.On three conditions at once: aged 3 or over, in the back, AND the other two seats are actually IN USE.Using the exception because the seat was left at home. It applies only when a third seat PHYSICALLY does not fit — not when it was forgotten.
Sitting in your own seatWhile taking part in traffic the driver and passengers sit in the seats INTENDED FOR THEM.On “intended”. A boot, an armrest or someone's lap is not a seat, even if a person fits.Thinking the belt duty is the whole rule. Art. 58a stands beside it and is independent: without a seat of your own even a belt does not help.
Carrying people in the load areaForbidden — in the OPEN as well as the CLOSED load area, and also in or on a trailer.On open and closed being treated alike. A panel van is no exception; the exceptions are listed exhaustively in paragraph 2 (ambulance, police, fire service, wheelchair).Reading it as “only on an open bed”. In a crash a closed load area is no safer: no belts, no crumple zone and no anchor points.
The helmetRider AND passengers of a moped, light moped, quadricycle without a closed body, motorcycle and three-wheeler without a closed body wear a well-fitting, approved helmet FASTENED by its strap.On three requirements in one sentence: well-fitting, approved, and properly fastened on the head by the strap. All three at once.Wearing the helmet unfastened. The law names the strap explicitly: an unfastened helmet does not comply, and in a fall it is the first thing to come off.

The law itself

RVV1990 art. 59 lid 1RVV1990 art. 59a lid 1RVV1990 art. 59b lid 1RVV1990 art. 58a lid 1RVV1990 art. 61b lid 1RVV1990 art. 60 lid 1

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