This topic is really for those who are having problems sleeping. Moreover I am sitting in The Study watching the snow flakes floating down past the window - so no chance of driving an A.C. and every excuse needed for avoiding an Arctic workshop, so it's The Forum instead:
Over the last couple of years The Grandchildren have become a significant factor in A.C. motoring. No doubt the same desire for a ride with Grandpa in The A.C. is to be found all over The World. I hope so.
However we live in societies beset by petty fogging officialdom and crass do-gooders. So the question is can children be legally carried in two seater A.C.s ?
First off let us forget the law, any law in any jurisdiction and just consider the common sense situation. Old cars are not designed to protect in a crash, as modern cars are designed to do and thereby there is a hazard to your child co-driver. On the other hand old cars, unlike modern cars, are far less likely to have an accident. So you make a judgement and may or may not permit a child in your old two seater. If you say 'no' then you will need to consider at what age you will say 'yes' - yet another question. I have chosen to allow the children into the cockpit.
However The Law in both Scotland and England and The U.K. has become too complicated for me and I hope there are some lawyers out there who can give us chapter and verse. Perhaps we might ask for the same guidance in other jurisdictions - A.C.s do tend to be International creatures after all.
If you start with our Highway Code and the various interpretations of it by everyone from 'The Royal Society for the Prevention of Accidents' through to 'Mumsnet' you will soon find that the advice does not cover the issue. See
https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/seat-belts-and-child-restraints-99-to-102.
At this stage you will also see that there are two paths through the legal jungle a) A car with seat belts and b) A car without seat belts. You will also find that there are three kinds of children: Small children - less than 12 years old and also less than 4' 5" (135cms.) Then there are Large children - these are less than 14 years, but not Small children i.e. they are over 12 or taller than 4' 5". Finally there are children of less than 3 years.
Where there are seat belts the situation is reasonably clear. A Small child must use an appropriate 'booster' with the seat belt and a Large child must use the seat belt. It does not however seem clear to me if Mother can carry a babe in arms, as she can on a Public Transport aircraft.
Without seat belts the situation is complicated. When referring to seat belts some provisions include the phrase 'where fitted' and others do not.
However the situation was covered by the 1993 Act which incorporated an Exemption for cars first used prior to 1st January 1965. Thus you could carry your child co-driver in accordance with: The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats)Regulations 1993. All happy then ? Well no because in 2006 a Brussels directive had to be complied with and this gave rise to: The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment) Regulations 2006. In this Act the exemption was removed. I doubt that a Brussels bureaucrat can spell A.C. let alone know what one is.
Thus I find myself totally defeated by the details of these provisions. I am told that some local councils have taken it upon themselves, at taxpayers expense, to employ inspectors to roam the streets looking for infringements of these complicated provisions. I have some confidence in saying that these numpties will have little idea of the legal provisions affecting a child in a 1958 A.C. Ace and absolute confidence in expecting them to report the driver for a prosecution. It may be that after some trouble and expense you will be found Not Guilty, but a better course of action would be to know the answer first. As it stands I fear that next Summer our youngsters will be banned from the A.C.s unless we can get a lawyer, or maybe the FBHVC, to explain how we stay within the law. What a shame.