Wed Sep 17 21:31:42 1997 - Message No. 1460
From: "Dirk De bruyn"

Subject: Re: Children!


Pierre and others,

You wrote:
> Do you know what says the belgian law about children passenger of
motorbike
> ?

Well, the law in Belgium is, as always, not very sensible.  
WARNING: only those interested should read this mail ...


What does the traffic law in Belgium say:


1) HELMETS: article 36
--------------------
Driver and passenger need to wear a approved helmet 
- on a bike and sidecar
- when they have a BELGIAN identity card

So: NO helmet necessary for
- trikes
- foreigners
- children under fifteen, because you only need to have a Belgian identity
card from the day you become fifteen ...


2) DRIVER: article 8.3
----------------
Drivers must always have total control over the vehicle
So: you may for instance not be hindered by a child sitting in front of you


3) PASSENGERS: article 44 and 44
---------------------------
- You may only take as many passengers as the "Technical Regulation,
article 16" stipulates for your vehicle: this means 1 passenger for a bike
- Passengers MUST sit on a place where a seat is provided (but that doesn't
mean you can't use an aid ...)
- Passengers may not sit with both legs on the same side of the vehicle

So: no age, nothing about the position (in front or behind the driver), but
I suppose the Technical Regulation will determine the passengers seat
behind the driver.


4)SAFETY BELT: article 35
------------------------
These articles usually mention "cars", but article 35.1.2 and 35.1.3
mention "vehicles"
- children till 3 years have to be seated in an approved security seat IF
the vehicle has one...
- for children between 3 and 12 you MUST use an approved system or use the
belt ...

So: if you consider this article, it becomes complicated because
motorcycles are vehicles too.  But then, a bycicle is one too...
I'm no lawyer, but I'll ask one what he thinks about it.


BTW, the Belgian motorcycle mag. Motoren&Toerisme will shortly publish a
special about children on bikes.

Dirk


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dipper@normans.isd.uni-stuttgart.de