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Legalities of Removing Head Restraints

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Possibly wrong forum - please move if the case.

My question is, on behalf of a friend, what're the legalities on removing head rests at the rear? Can you just take them out and nobody would bat an eyelid? Or does some wank law state you must have them in or face getting uber raped in the event of an accident etc?

Cheers,

Dan

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They're not compulsory. If any passengers get whiplash in an accident you could get screwed by your insurance/their lawyers for removing them though.

Technically a modification no? As you're removing something which is primarily for safety ?

there are alot of cars out there with no rear head restraints from standard

Yeap. True, but it was manufactured with them thus being a change from OE spec?

Probably be fine in reality, doubt you'd get pulled for it. Not sure where you'd stand in an accident though

I've had no backseat headrests in the polo since I've been driving (7/8 years) and never had issues, even when was stopped by traffic cop on the M1, goes through every MOT, shouldn't have a problem

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Exactly what I thought! Thanks for your help everyone - I appreciate it :)

I guess in an accident if your rear passengers tried to claim whiplash and it was found that you removed them that'd be a different story. But to be honest, in some cars they restrict the rear window view so much they're not worth having, especially if you don't carry passengers often.

if a safety feature is present when a car was manufactured it has to be fitted and in working order.

the same applies to air bags if you disconnect or disable the air bag system and carry passengers in your car you can be a very bad situation with insurers and may be sued by any passengers for injuries that would of been prevented if the safety devices where fitted.

also if you use the car for work you may also face prosecution under the health and safety at work act.

It's not a compulsive safety feature, the restraints are removable by hand in the same way as the seats are moveable - sit too close to the steering wheel and you'll suffer more injury in a head-on crash, but that doesn't mean you void your insurance.

The head restraints are not compulsory, they're complimentary. And if you had to use them they wouldn't be removable (or like seatbelts you'd be legally obliged to wear them).

This doesn't mean an insurer couldn't try it on, but i really can't see it standing up in court.

By removing the head restraints you are removing a safety device which has been proven to reduce or prevent serious neck and back injuries and has no doubt saved many lives.

my question is why remove something that will prevent a potentially life changing injury or death?

if you remove the head restraints which where fitted when the car was manufactured, technically removing them is a modification and you must inform the insurer and thats where they will get you in court.

If you adjust an airbag steering wheel to the wrong position (namely, have the wheel low but the seat high) you'll suffer more serious injury in the event of a crash, that too has been proven. You're interfering with a safety device which has been installed. Do you need to notify your insurers of that, too..?

If the head restraints were held in with nuts and bolts i'd agree. But they're designed to be as easily removable as the ashtray. Not everyone is educated on the benefits of head restraints - it's not something which is covered in driver education. I'll be interested to see anything in print restricting their removal in any event.

I agree it's personally preferable to use them for safety reasons, but removing them is not a modification any more than removing the spare wheel is. They're not a legal requirement. Not all cars have them. A bit like fog lights or a rear wiper, then..

They are not legally required but you would get screwed over in an accident situation where a passenger may have had use of them.

Typically they are removable to allow seats to fold flat.

You'll not have law or MOT issues but it will count as a modification in an accident situation with someone sitting there.

Perhaps take them out and tuck them in the rear footwells/the boot, if a passenger gets in the back you hand them a restraint to pop back in :p

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