Unfastened seat belt: legal consequences after an accident. Penalty for not wearing a seat belt - or maybe it's cheaper and safer not to violate? Passenger is not wearing who is in charge

Without wearing a seatbelt, drivers and passengers are, of course, at risk. It is obvious. No matter how many opponents of seat belts tell tales that the unfastened one flew out of the car during an accident and only thanks to this, they say, remained alive, you cannot argue against scientific research and statistical data. And here, as you know, the only conclusion is: if you want to live, buckle up. Do it right.

Here are just the highlights. The belt should fit snugly enough. A weak stretch (some manage to put different plugs so that the belt does not stretch too much) can play a very cruel joke. At the moment of impact, in this case, the belt simply will not hold you. I think there is no need to talk about the consequences. For those who do not think about their own safety and passengers or who naively believe that they are one hundred percent insured against accidents, I will tell you what a meeting with a traffic police inspector can result in.

What do the Rules say?

rules road traffic oblige any driver not only to buckle up himself, but also to ensure that passengers do the same. If the car is equipped with seat belts, then everyone should buckle up. Although no: the Rules do not say about pets.

I would like to note one more detail. Despite the fact that in the traffic rules there is not a word about the need to be fastened while stopping or parking, I still recommend not to remove the belt in these cases either. At least if you are sitting in a parked car on a busy road. If a reckless driver drives into your car, your seat belt will come in handy.

Unlike the driver, the passenger is not obliged to monitor the rest of the occupants of the vehicle. The main thing is to buckle up yourself. Moreover, the obligation to buckle up does not depend in any way on which passenger vehicle we are. The duty to fasten, I repeat, arises when you have seat belts.

I remember I went on an intercity bus to the Volgograd region. Despite the presence of seat belts, none of the passengers was wearing a seat belt. As, in fact, the driver himself. I decided not to be like the majority and fastened my seat belt. Yes, it’s not very convenient to go, especially when you go all night. But now, in the Uryupinsk region, an insane collective farmer flew out onto the highway from a secondary road. Our driver, of course, is on the brakes. And here, I confess, I felt the beauty of seat belts. Unlike the rest of the passengers, who quickly accelerated forward and also braked sharply with their faces on the seats in front, I only slightly jerked forward. So, the usefulness of belts for me is undeniable. Hopefully for you too.

Do not forget about the peculiarities of transporting children. Let me remind you that not so long ago amendments to the Road Traffic Rules came into force. Now, in the front seat, a child under 11 years old can only be transported using special child restraints (car seats). In the back seat of children under seven years old also only with the help of a car seat, and over seven years old can be done without them. The main thing is to fasten with regular belts. I will leave this decision on the conscience of the Ministry of Internal Affairs of the Russian Federation and the government commission on road safety. To you, my friends, I strongly recommend the following. If a child is less than 150 cm tall, use, if not car seats, then at least boosters.

So, we remembered the rules of binding to the car, now about the penalties for violations.

Penalty for not wearing a seat belt

The main recipient of punishments, of course, is the driver. Not only will he be punished for his own carelessness (unfastened seat belt), but the driver will also fly in for the carelessness of passengers. Let's take a look at a couple of examples for clarity. The inspector stops the car with the driver and two passengers. Nobody is buckled.

In this case, the driver will be punished with a fine of one thousand rubles for not wearing the seatbelt himself, and also for not making the passengers seatbelt (Article 12.6 of the Administrative Code of the Russian Federation). Well, each passenger can be fined 500 rubles (article 12.29 of the Administrative Code of the Russian Federation). Moreover, the inspector does not have the right to impose several fines on the driver. Say a thousand himself, and for each unfastened one more thousand. it pure water divorce. And such initiative of the inspector has no legal basis.

Second option. The driver is wearing a seatbelt, but two passengers are not. And then the driver will get it. All the same thousand-ruble fine. Only for the passengers. And the latter, of course, will also be punished.

But if you, for example, without a car seat, then the punishment here is already more serious. The fine in this case for the driver will be 3 thousand rubles (part 3 of article 12.23 of the Administrative Code of the Russian Federation). What about the fine for the child, you ask? The state does not punish children. The fact is that to administrative responsibility persons who have reached the age of 16 are involved.

Another interesting point. Let's say you decide to remove the seat belts in order to get rid of this problem forever. In this case, be prepared for the fact that the operation of your car is prohibited. Of course, they will not be sent to the impoundment, but they will be obliged to eliminate the cause. The fine is small - 500 rubles. This is for the driver. And for the unfastened passenger, the same thousand. Moreover, they can punish you every time they slow down.

As you can see, the amount of fines is serious. Even a couple of checks on the road will be enough to lose a significant amount, sufficient in order not to forget to buckle up yourself and remind passengers of this. Well, the fact that children need to be transported only in car seats is, I think, not worth explaining. And the point here is not at all in large fines.

What if you don't buckle up? All penalties and other consequences What if you don't buckle up? All penalties and other consequences

30.10.2019

Stopped for an unfastened seat belt? Fresh fines for driver and passenger

Invented at the beginning of the 19th century, seat belts are an integral part of any vehicle. According to the traffic rules (traffic rules), the use of seat belts when driving is mandatory.

A driver who violates this rule is subject to an administrative fine for not wearing a seat belt; you will find out its size in 2019 in the article.

SDA about seat belts

The seat belt is a reliable means that can keep the passenger of the vehicle in the event of sudden braking or an accident. The belt significantly reduces the risk of injury or death. It is for this reason that fastening is mandatory - for both the driver and his passengers.

Seat belt penalties 2019

If the clauses on the mandatory use of seat belts are violated, the punishment is borne by both the driver and the passengers of the vehicle... There are penalties for three types of violations:

  1. The driver has no seat belts
  2. The passenger has no seat belts
  3. A child in a car without a special device

The amount of the fine for not wearing a belt differs for each category. But, naturally, in any case, the driver of the car bears the greatest responsibility.

1. Penalty for not having a driver's belt

According to article 12.6 of the Code on administrative offenses (Code of Administrative Offenses), a punishment is imposed on the driver for lack of a seat belt, as well as for unfastened passengers, already in the form of the same administrative fine in the amount of RUB 1000.

This penalty is applied regardless of the number of passengers not wearing seat. Thus, if three passengers in the transport are unfastened, the amount of the fine will still be 1000 rubles. However, under this article, the violator can be fined up to several times a day, at several posts, until the violation is corrected.

note

According to the Code of Administrative Offenses, it is necessary to wear seat belts while the vehicle itself is in motion. By the way, for the sake of your own safety, it is worth wearing your seatbelt during stops if there is movement of other vehicles around.

In order to always keep track of the amount of the fine imposed and, if necessary, already have the opportunity to challenge it, it is recommended that you always have the current one for 2014-2015 with you. table of penalties.

2. Penalty for missing passenger seat belt

According to clause 12.29 of the Administrative Code, in addition to the driver, passengers are also punished for missing seat belts. The maximum collection amount does not exceed 500 rubles. Each passenger shall be punished separately. Instead of a fine, the law also provides for a written warning.

Unfortunately, in most public transport, the seat belts are removed. But if seat belts are still present, it is recommended to use them.

3. Lack of a special device for transporting a child in a vehicle

Previously, the presence of a child in a car without a special device for fastening it was equated to article 12.6 of the Administrative Code on the unfastened driver's seat belt. Now this violation is mentioned in a separate paragraph of the Administrative Code.

According to the Code, children under 12 years old, when riding in the front seat, must be in a special child device that ensures their safety.

When transported in the back seat, children must either be seated in a child car seat or be strapped in with another device to ensure their safety.

Violation of these requirements leads to an administrative penalty in the form of a fine of 3000 rubles.

The driver is subject to this administrative penalty, since citizens over 16 years old are subject to any administrative penalty.

The fines for not wearing seat belts may seem small. But the main thing to remember:

Fastened while driving a seat belt protects the driver and passenger from injury or death in any emergency.

Most of the drivers do not fasten their seat belts, justifying this by the presence of airbags. However, in the absence of a seat belt, the pillow is not only useless, it can do more harm. This is easy to explain. In a collision or sudden braking, the human body is directed forward by inertia with great force.

When the seat belts are fastened, the body is held in place, but the head and neck are not secured, which could result in serious injury. It is to avoid such consequences that the airbag is used. It fixes the head, minimizing the enormous strain on the neck.

In the absence of seat belts, the human body is pushed off the airbag and hits with great force against any part of the car. This inevitably leads to serious injury.

Therefore, it is worth remembering that airbags do not replace belts, but only supplement them.

In case they are still violated traffic rules and the inspector writes out a fine, you need to know how the protocol is drawn up correctly and how to challenge it in case of disagreement.

If an employee exceeds his authority or disagrees with the imposed fine, you can write a complaint.

A sample complaint looks something like this:

The complaint must be accompanied by copies of all documents proving the rights of the plaintiff, if necessary, a petition and other available data (diagrams, photographs, videos, etc.).

In conclusion, it should be said that traffic violation always unsafe and punishable, as it can create an emergency and lead to dire consequences.

Despite the relatively small amount of administrative punishment for a missing seat belt, you should never neglect it.

Seat belts can not only protect against injury, but also save the life of the driver and all passengers in various types of accidents. In addition, repeated violations can lead to the loss of a driver's license.

You will be interested in:

How much is the penalty for not wearing a seat belt in 2018-2019

Perhaps 90% of all motorists were fined for not wearing a seat belt. Despite the fact that no one will deny the benefits of using a belt, putting it on or not is everyone's personal business, and therefore in this article we will tell you how much the penalty for an unfastened belt in 2019 is and whether punishment for this offense can be avoided.

In 2018-2019, the amount of the fine for driving with the driver's belt unfastened is one thousand rubles, but if the driver manages to pay the offense within a certain time frame (20 days from the date of imposition), then it will cost him 500 rubles.

Some drivers simply put on the belt. If this is discovered by the traffic police, the driver will also be punished with a fine, since it is not at all a collision protection.

During a stop, a person does not have to be wearing a seat belt, but it is recommended if other vehicles continue to move nearby.

Traffic police officers can issue fines for this offense an unlimited number of times.

Passenger penalty

If the passenger believes that the penalty for not wearing a seat belt will bypass him, then he is deeply mistaken.

The punishment is provided for everyone, for a passenger its size is 500 rubles, and if you pay the amount within 20 days, it will be equal to half, that is, 250 rubles.

This law also applies to public transport: taxi, bus, route taxi. If they have belts, then the passenger has no right to ignore them.

But who pays for a passenger who doesn't buckle up? In case of violation, not only the passenger, but also the driver will be fined: he will have to pay 1000 rubles, regardless of the number of people not wearing seat belts. Before starting the movement of a car or other transport, the one who sits behind the wheel should check whether those in the passenger compartment are fastened.

Penalty for unfastened rear passengers

The fact that the passengers who were in the back may not be fastened is nothing more than a fairy tale. If belts are installed in the rear of the vehicle and the passenger ignored their presence, a fine is issued, the amount of which is the same as for ignored belts in the front - 500 rubles. The driver is also punished for these passengers.

In order to preserve the health of his fellow travelers, the person behind the wheel is advised to install safety belts at the back (if their presence was not provided by the manufacturer). For the passenger, the first such offense can only be done with a written warning.

Penalty for a child without a car seat

Ensuring the safety of the transport of children is the primary responsibility of the driver.

Therefore, if the child is not in a special mobility device, a fine is written on the person who is driving.

It will be discharged to the parents of the child only if one of them is the driver of the transport in which the child is. The amount here is already more significant, it reaches 3000 rubles.

There are several ways to secure the movement of a child in a car. For children under three years old, there is a huge number of different car seats, for newborns - a car seat. There is a large selection of both expensive and budget options, and it is better to pay once the cost of a car seat or bassinet than to constantly pay fines and endanger the life and health of the child.

Children from 7 to 12 years old are allowed to move in a car in the back seat, wearing adult belts using special child pads. When in the front, the child should only be in a car seat or infant car seat up to 12 years old, from 12 to 16 years old, a teenager can already move in the front seat fastened in the usual way, like adults.

Penalty for broken seat belts

There is also a penalty for broken or damaged belts. If the driver knows about this problem and starts moving in the vehicle, ignoring it, he receives a legal punishment. For such an oversight, he will pay a fine of 500 rubles.

Therefore, before driving, it is necessary to check the serviceability and integrity of the belts. A person will not start moving in a car if there is any malfunction, but a breakdown or damage to a belt is often ignored, although this is also an important part.

Often the driver uses a belt only for fear of being caught and fined, and not for his own good, but relying on "maybe he will carry it through", he puts his life in danger.

In this article we will tell you about the intricacies and features of the amount of the fine and its payment for not wearing a seat belt while driving. In general, this moment is regulated by only two articles. The first one concerns the person driving the vehicle, and the second one - the one who sits next to or behind. But here everything is not as simple as it seems at first glance.

What types of fines are provided for passengers?

In total, there are several offenses and fines for them related to the seat belt:

  1. If the passenger has not fastened his seat belt - 500 rubles.
  2. If the passenger in the back row of seats has not fastened his seat belt - 500 rubles.
  3. If a passenger made an imitation of a fastened seat belt, but in fact just put it on top - 500 rubles.

Penalty for an unfastened driver

If the person who drives the car does not fasten his seatbelt and is caught hot by a traffic police officer, then as of 2019, he will be forced to pay a fine of 1 thousand rubles. You can check the exact information in article 12.6 of the Administrative Code of the Russian Federation.

Such a violation of the traffic rules is recorded when the driver of any kind of car or truck, on which you can move on a public road, rides not protected by a special belt, as drawn in the instructions.

Penalty for an unfastened passenger

Since pedestrians and passengers in most cases did not graduate from driving schools and did not pass exams for knowledge of traffic rules, they are not aware of many of them and, besides, they do not even think about their own safety.

There are reasons for this:

  1. They did not memorize all the rules of traffic rules, like people who passed on the rights.
  2. They have no special credentials.
  3. They do not drive a hazardous vehicle.
  4. They practically do not collide with the traffic police officers.

However, the norms of the Code of Administrative Offenses and Traffic Regulations establish provisions that protect the life of both people in the car and those who walk along the street. Therefore, if an employee of the traffic police service of the traffic police saw that a passenger is sitting in a passing vehicle and he is not protected by a belt, then, according to the law, he can be fined 500 rubles. The amount of the fine is the same in all cases.

Moreover, they can write it out not only if a person was traveling unprotected with a seat belt in the second row of car seats, but even if he moved in a taxi or on an intercity bus.

Penalty for not wearing a seat belt in the back seat

If the design of the car provides that passengers located in the rear seats of the vehicle can wear seat belts, but they do not, then this is classified as a disregard for traffic rules. If this fact is discovered by a traffic policeman of the traffic police, the offender will have to spend 500 rubles from his own pocket. You can check this point in article 12.29 of the Code of Administrative Offenses of the Russian Federation. But depending on the circumstances, instead of a penalty in the form of a fine, only a written or oral warning may be applied.

If the car is equipped with seat belts in all seats, then wherever the passenger is located, he must always fasten them. If this rule is violated, then the fine is collected not only from the fellow traveler, but also from the person who drove the car. Moreover, the second will be spent twice as much. This is indicated in article 12.6 of the Administrative Code.

Reference! Traffic police officers of the traffic police cannot issue a fine and draw up a protocol for a person who is under 18 years of age.

Penalty for a seat belt draped over

There are still disputes among car owners about the correctness of wearing a seat belt. For example - a belt strap is passed only through the head and the lumbar strap is skipped.

This situation is not explained in detail in the SDA. However, in the case of child car seats or other child restraints, it is stated that everything must be done in accordance with the instruction manual.

As for motorists, if their body is clearly fixed with a special strap and it is indicated on the instrument panel that the belt is fastened, then there is no administrative violation in fact.

But the law in this case is clearly not on the side of the drivers. Most often, people have to incur financial losses to pay off the fine.

Is there a discount for a fine?

The only option to incur the cost of paying the fine in a smaller amount is to pay it right away. If you do this before the expiration of 20 days from the date of registration of the decision on violation of traffic rules, then its cost will be halved. That is, when paying off the fine in the first days, it is provided in accordance with Article 1 of Law No. 437-FZ of December 22, 2014.

If a person does not agree with the legality of the written decree, then he has one. This is indicated in article 30.3 of the Administrative Code of the Russian Federation. If this action has not been taken, then a specific period is set aside for the payment of the fine - 2 months. Starting from day 21, you will have to pay the full cost.

Who pays the penalty for not wearing a passenger's seat belt?

In the traffic rules in clause 2.1.2 as of 2019, it is prescribed that all people who are in it must be fastened with a belt in a moving car. And the person at the helm and all the other passengers. Failure to comply with this provision will result in administrative liability.

However, in clause 5.1 it is stated that passengers must protect themselves with a seat belt only if they are provided in the transport itself. Thus, if a person did not use them, but they are, then a fine or a warning for the first time may be imposed.

In 2019, if a passenger is not fastened in a moving vehicle, then not only he, but also the driver is to blame. But for these two categories of persons, the amount of the penalty is different. According to article 12.6 of the Administrative Code, the person driving will incur a cash cost of 1,000 rubles, and the person sitting next to him or behind him - 500 (this is specified in Article 12.9 of the Administrative Code).

The execution of a fine from the driver is drawn up only once, even if there were several unfastened people in the vehicle. But along with this, protocols are also issued separately to each of the passengers.

Route taxis usually have restraints only at the driver's seat and the one next to him. When riding this type of transport, it is imperative to use belts for their intended purpose. If this rule is violated, then neither the driver nor the passengers will be able to get rid of the fine. In the cabin, restraints are most often present only on routes that involve the road from one city to another. In such a case, it is also important to ride wearing a seat belt.

Good afternoon, dear reader.

This article will focus on the rules for using seat belts in modern vehicles and about seat belt fines for the driver and passengers.

In conclusion, I want to note that the fines for driving without seat belts in 2020 are not the largest. However, you should buckle up for your own safety, and not because of a possible fine.

Good luck on the road!

Read all comments

Traffic rules read as follows:

The transportation of children under 12 years of age in vehicles equipped with seat belts must be carried out using child restraints appropriate for the weight and height of the child, or other means that allow the child to be fastened using the seat belts provided by the vehicle design, and in the front seat a car - only with the use of child restraints.

Should be carried out using child restraints appropriate for the child's weight and height ...

Not suitable in your case. The height and weight of the child does not match the devices.

Or other means of fastening a child using seat belts ...

But here it is enough for a child to put a pillow, a blanket, a magazine under the "ass" ... to fasten the child using seat belts.

Challenge. Moreover, a protocol was drawn up (you did not agree), and not a resolution. You will be able to say that the child had a different remedy, but the inspector either did not notice it or ignored it.

On debriefing, it's better about the pillow ... That is, the height adjustment for the belt. This is an example, since I do not know the exact circumstances of your dialogue with the inspector.

Constantine-15

but other devices do not comply with GOST, which means they are not safe! GOST R 41.44-2005 is based on UNECE Regulations No. 44, Europe realizes that only standard belts can hold a weight of more than 36 kg, placing something lowers the point of contact with the seat, thereby increasing the sliding of the body, and this is much more dangerous! where is the logic! tomorrow I want to file an appeal with the court!

GOST is currently not valid. There are technical regulations of the customs union. But he, in no way, does not change the traffic rules. Start from traffic rules. The same technical regulation obliges to change summer tires to winter ones in winter. There is no punishment for this! So in your case, the pillow is a "different means"!

Contact an auto lawyer, many such cases have already been won and there is a precedent.

A very simple example for modern cars. You may have noticed that the seat belts, on the rack of their fastening, have an “up” “down” adjustment. This is the kind of adjustment that the AUDI A8 lux has, in the rear middle seat. This is done specifically for the transport of children. The child can be fastened with a regular belt, without any problems.

The question is, what does GOST 2005 say in this case? Or did they simply not know in 2005 that VAG would start producing cars in 2015 without taking into account GOST?

And also, the famous certified triangles on the belt change something? They simply lower the upper part of the belt without adding any weight to the child, but are considered "another means"!

Constantine-15

about the technical regulation, I quote: FOREWORD (The requirements of this technical regulation are harmonized with

the requirements of the Rules of the Economic Commission for Europe

United Nations (UNECE Regulations))

Constantine-15

Appendices No. 4 to the Technical Regulations of the Vehicle (clause 3.2) and No. 6 (clause 1.16) establish the requirements for seat belts, seats and child restraints, and Appendix No. 10 defines the requirements for child restraints (position 35) with a shape and diagram confirmation of conformity, including the requirements of UNECE Regulation No. 44-04 "Uniform provisions concerning the approval of restraints for children in motor vehicles".

Everything is clear about restraints, but where to look in the technical regulations about “other means” that allow you to fasten a child using seat belts? There is traffic rules, but not in technical regulations!

Constantine-15

other devices must be safe, which is regulated by GOSTs and Technical Regulations, and there is no such term in them, and since they are not, then they are not legal, and therefore cannot be used! Before introducing this term, it is necessary to bind to a certain standard, and in this situation, as usually said A and did not say B! that's what I'm trying to challenge! I'll let you know! By the way, our traffic police came to a dead end during the parsing, recognizing the imperfection of the paragraph, they themselves offered to sue, warning that I would be the first in this matter if I prove it!

Nikolay-46

Hello. Question all over the resource. Why do you selectively indicate articles from the Code of Administrative Offenses for an offense?

For example, this section.

The penalty for not having a child seat is the most serious offense in this section.

The article of the Administrative Code is not indicated ... I am not interested in it out of curiosity or harm. It's inconvenient, but such a trifle ...

Nikolay-46

No reply to every message articles of the Administrative Code and points of traffic rules. Sometimes it's a shame that they ask the same type of questions through a message. And to read a little higher laziness.

It's not about comments on a topic, but about the topic itself. I am not saying that we must answer to each article from the Administrative Code. This would not have had to be done if they were indicated in the topic itself. This is what I'm talking about.

Here is the title of the topic. It is on this topic that the search engine sends:

There is nothing above there. Unless it is necessary to leave the section, follow the links - not convenient, as I said.

Penalty for not having a child seat. Article 12.23 part 3

Previously, a fine for a child seat, or rather for its absence, was equivalent to a fine for not wearing a seat belt.

However, starting from September 1, 2013, the fine for transporting a child without a seat or child restraint has been included in a separate article of the Administrative Code and amounts to 3,000 rubles:

3. Violation of the requirements for the carriage of children established by the Rules of the Road -

shall entail the imposition of an administrative fine in the amount of three thousand rubles.

It should be understood that the traffic police fine for the absence of a child seat is imposed not on the child, but on the driver of the car. I would like to note that the child himself, who was traveling in the absence of a child seat, cannot be fined. children under 12 years old are transported in special chairs, and administrative fines are imposed only from 16 years old.

Well, since the fine for a child seat is currently comparable to the cost of the child seat itself, I recommend not risking the life and health of the baby and buying him a special device for transportation.

Here it is, a little detail I'm talking about. The topic itself contains articles 12.29 and 12.5, which are very different from 12.23 part 1

And I'm not at all indignant, but just a remark, in the sense, a proposal for improvement.

Nikolay, Thank you for your offer. This article has been updated.

In new articles, I indicate points regulatory documentsthat are used. When I reread the available articles, I also supplement them. However, there are many articles, so the paragraphs of the documents are not included everywhere. So if you do not understand where the quote in one of the articles came from, write. The article will be supplemented.

Good luck on the road!

If mom and dad with two children are driving behind in a car, holding them in their arms, the fine is also paid for the violation in the amount of 3,000 rubles.

Yes, this fine to the driver, plus they can also issue a fine of 500 rubles to each violating passenger. In the case of young children, fines are issued against their guardians, that is, parents.

13years intercity unfastened seat belt, which was supposed to sit broken, moved. Who pays the fine? (Driver or me)

For what, for a broken seat or for moving? And who was given 13 years?

Matveyto whom the decree is issued, he pays for it.

In general, for an unfastened belt there should be 2 penalties at the same time. For both the driver and the passenger.

Good luck on the road!

Today I called a friend of the traffic police and asked him a question

I (Moskvich 1980 issue) are not provided with rear belts by the manufacturer, how can I transport a child in the back seat?

So he could not answer my question. Can I carry my child in the back seat without child seats and devices?

He said only call back later, I say I will clarify the nuances)))

So gentlemen. Not every inspector knows what and how. Be careful!

Thank you for information. Let us know that not all IDPS have been dismissed for non-compliance yet.

Yesterday I called the inspector mentioned above,

He said this: If there is a front seat equipped with a belt, then it is better to transport the child in the front, naturally, using some kind of child restraint devices!

So I want to ask if I ignore this advice and will carry the child behind, Can the inspectors issue a fine referring to the presence of front seat belts?

Can not.

Advise the IDPS to read the traffic rules:

22.9. Transportation of children is allowed provided their safety is ensured, taking into account the design features of the vehicle.

The transportation of children under 12 years of age in vehicles equipped with seat belts must be carried out using child restraints appropriate for the weight and height of the child, or other means that allow the child to be fastened using the seat belts provided by the vehicle design, and in the front seat a car - only with the use of child restraints.

It is prohibited to carry children under 12 years of age in the back seat of a motorcycle.

If the rear seat of the vehicle is not equipped with seat belts, then there is nothing to fasten with! Therefore, it is not prohibited to transport a child in the back seat of traffic rules. If you are transporting a child in the front, then of course you only have to use a child restraint, other means will not work.

In terms of safety for my child, but not in terms of traffic rules, I would transport him in the front seat.

Vyacheslav-22

I was stopped on August 2 by the traffic police. There was a 6-year-old child fastened with a central regular belt and sat on a pillow. I was told that right now, allegedly since March or April 2016, a decree has come to cancel boosters and other restraining devices. Only chairs with built-in belts or boosters with backs are suitable (also with belts included) He photographed another child on the phone. I was fined 3k. Question 1: Is there such a regulation or not? Question 2: I wrote in the judgment that I do not dispute. Can I challenge in court in this case, if they deceived me. Or is already useless .. question 3: How long do you need to have time to challenge? And where to go.

2: I wrote in the judgment that I do not dispute.

You have agreed to the violation. And it will be difficult to argue. And so you just "lit"

Alexey-157

Good afternoon! Near the Kolomna children's fair, the inspector stopped the car: in the back seat, a 6-year-old child was sitting in a chair, but he unfastened his seat belt. The inspector imposed a fine of RUB 3,000 for the absence of a restraint. How much is this decision legal?

The inspector is wrong. A passenger, including a child, can unfasten after a complete stop of the vehicle. Transportation of people, children, etc. is prohibited. When the car stopped, then the transportation ended.

Good afternoon! They say that from January 1, 2017, the carriage of children under 7 years old without a car seat will be subject to a fine ... that is, a restraining device for a seat belt and a booster is not suitable ... is that true ???

So far, there are no changes in this regard.

Good day. The day before yesterday I called a taxi, went with a child from a nanny, the taxi driver arrived, looked at the child, turned around and left, leaving us freezing on the street. I also got in touch with the dispatcher, and quite quickly another car arrived, also not equipped with a seat, just the driver turned out to be bolder. My son and I ride in the back seat, I sit down deeper myself and put him on the seat in front of me between my legs. And it is convenient to hold, and to suppress all sorts of sabotage like opening windows and doors. By the way, how many times I went in a taxi alone, never in my entire life did not a single driver offer to buckle up, my safety is my business, but the safety of my child, given that I am a legal representative of my mother, is in the car, it turns out not my business. Today, again from the nanny home by taxi, the car that arrived after seeing the baby really did not turn around, but all the way I listened to a lecture about how I was wrong to call the car through the application, and not call the dispatcher and first of all do not declare that I am with the child, because how not all taxi drivers are so brave or fearless, about how he has already paid a fine of 3000r twice. for transporting a child in a taxi without a special seat, and so on. I agree, most likely I'm wrong and substitute the driver, but the whole point is that I have TWO children. The son is 2, and the daughter is 4 years old. And we sometimes need to move around the city as three. It takes a long time to wait for a car equipped with a special seat. But believe me, there is not a single taxi car in our city equipped with two seats. As an exit - public transport, although the exit is lousy, especially at rush hour, especially with such kids. Why are the rules for transporting passengers in a regular car the same for a passenger taxi? Do mothers really have to guess every time if there is a brave taxi driver who, at their own peril and risk, will take it with the kids to the place? Why does it turn out that it is safer to carry children in a bus, tram, minibus in the opinion of the traffic police? Although there often even places will not yield, and if such happiness happens, then one place is not enough for three. Can you imagine how you have to contrive to place two kids in one place, and even completely control so that they do not fall off it when the drivers are often very uncomfortable and harsh driving, for example a minibus or tram.

Are there any indulgences or additional conditions to carry children in a taxi? Perhaps the situation is not so sad and prudent taxi drivers do not have to turn around when they see a child among the passengers?

Irina, Hello.

Taxi drivers are right in this case, they are not obliged to break the rules at the whim of their clients. It's even strange that there are drivers willing to take risks.

If the taxi service does not have cars equipped with two seats, then demand that such cars appear.

On the other hand, if the issue of safety is not important to you, you can independently purchase a pair of the cheapest child restraints and take them with you. With their help, you can fasten children in any car, they do not take up much space.

Good luck on the road!

Svetlana-65

03/07/2017 I was fined 3000 for an unfastened child (9 years old). We always keep an eye on the fastened seat belt, but on this day, in search of cheaper gifts, passing a number of shops at the base, we stopped more than once and lost sight of ... In the morning On the same day, in Moscow, women were no longer fined, but presented with gifts ...

It’s a shame that the inspector didn’t make any concessions and I have to tear that amount away from the child and he feels guilty as it is, despite the fact that there is a catastrophic lack of money !!!

Hello, yesterday my friend and I were stopped by a traffic police outfit, my child and I were sitting behind for 2 years, the child was without a chair. A friend at the wheel was fastened with a belt, a child, 1.5 years old, was also sitting in a chair in the front seat, fastened. The traffic police officer wrote out a fine for my child, because he was not in the chair. Who is to blame for the situation, I or the driver. And who should pay the fine. Thanks.

Lily-6, hello. According to the traffic rules, it is the driver's duty not to transport the unfastened, and the passenger's duty is to be fastened.

Who is to blame for the situation, I or the driver
That is, both are to blame (if you were not personally fastened).
The traffic police officer issued a fine for my child
The fine for your child is written out to the driver (owner) of the vehicle (he pays for it), you could only be fined if you were not personally fastened.

Sergey-363

Sergei, it's not obligatory.

The data of the driver who violated the rules is enough to make a decision.

Good luck on the road!

They stopped without reason, checked the docks, everything is in order, decided to check on the base, I asked them to let me go as quickly as possible, the inspector decided to mock me and came up with a violation (not wearing a passenger), should the inspector enter the passenger's details into the decree and protocol?

The car stopped, not in motion, I have the right to be without a belt.

and how to prove that it happened at the moment of stopping? Not unless there was a camera inside the car towards the child and the window.

Consequently, the child in the coming days without sweets, no matter what. And dad think about how to prevent the child from opening the lock, well, let's say, wrap it with tape every time))

Tuta you are wrong. If the inspector Saw that someone is RIDING in the car without fastening, then he has the right to fine. And if he discovers someone unfastened after stopping, and there is no reason to say that it could not have been fastened, for example, the belts are tucked into the chair or the locks are removed under it ... Then this may well say that it came unfastened after stopping! And the IDPS has no right to fine for this, because it should only be worn while driving.

however, dad Denis is fined! Go to court? Then back to the original question, how to prove?

Rear passengers of a car equipped with seat belts must also be wearing seat belts. Those. do you think that they will never be punished, because they kind of unfastened immediately after stopping?

And how they are fined everywhere for children who are not fastened in the back of their chairs, even raids are specially carried out at kindergartens; or those whose belts are not tucked in but just hang out - they are not fined, only threatened with a finger?

If there is no tinting behind and the IDPS can see, then there are no questions. And if the tinting behind and the rear passenger is visible only when the driver's window is opened, then they have no options here!

Right now at 9/10 - toning. Those. according to your 100% of the rear not to punish, if only the belts dangled nearby?

And for the remaining 1/10, the rear inspector will only see from the side (and that is not a fact) when the car has already passed; will he whistle after or go to catch up?

However, here he is an example of the fact that everything is not so in life, the punishment of Denis (here I will add video footage of numerous raids in front of d / gardens) - he stopped, opened, saw, punished! So what should he do, how to prove?

But it is rather difficult to check the presence of a fire extinguisher, since most drivers carry it in the trunk. And for this, the inspector will have to stop the attesting witnesses and draw up a vehicle inspection protocol, in which he must indicate the reason. And her absence or an invented reason is abuse of office.

Hello. I was in the Republic of Dagestan. On a suburban minibus, my 3-year-old child was seated in a separate seat (not in my arms) and fastened with a child's seat belt. And they ordered me to pay for his place, tk. The traffic police fines for children sitting in their arms. But what about Article 21 of the Federal Law. how to be in this situation ????

Marina, Hello.

2. In cases where, in accordance with the established procedure, it is prohibited to transport children in vehicles without providing them with separate seats, the passenger has the right to carry with him two children under the age of twelve years with the provision of separate seats for them for a fee, the amount of which is not may account for more than fifty percent of the carriage charge.

Anatoly, paragraph 22.8 of the SDA:

in excess of the amount stipulated by the technical characteristics of the vehicle.

Those. only one passenger (or child or adult) can be transported.

Good luck on the road!

The comment is being added

A seat belt must be fitted in every vehicle. It allows you to provide the driver and passengers with the necessary protection, and in the event of an accident - and often preserve health. Despite this, many motorists ignore the requirements of the law and refuse to use this safety measure. The article describes in detail what kind of liability a passenger can expect for an unfastened seat belt, and also describes the mechanism of penalties for this violation.

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Fine amount

Regardless of whether a passenger is in the front or back seat, refusal to fasten a seat belt, in accordance with Chapter 12 of the Administrative Code, is considered an offense. In this case, a fine is imposed on the culprit, the amount of which is 500 rubles. In case of neglect of the presence of seat belts when transporting minors, the amount of the monetary penalty will be 3 thousand rubles (Article 12.23 of the Administrative Code of Russia).

Important! If the fine is paid within 20 days after its imposition, a special discount applies (as a preventive measure). Its amount is 50% of the total amount of the penalty.

Who will pay

As a rule, all penalties for violation of the Traffic Rules are imposed on the direct offender. This means that when the traffic police stops the car, a monetary penalty will be charged from the passenger. However, there is an exception to this rule: if a minor committed an administrative violation, the parents or a guardian appointed by specialized bodies will have to pay the fine (Article 32.2 of the Administrative Code of Russia).

It is worth remembering that while fixing the violation, the owner of the car may also suffer losses. Paragraph 2.1.2 of the SDA states the following: the driver is obliged to ensure that all passengers of the car are fastened. Violation of this clause is regulated by article 12.6 of the Administrative Code of Russia, for which a fine of 1 thousand rubles is provided.

Special attention should be paid to the child in the car. If during the carriage of passengers under 12 years of age, special safety measures are not observed (child car seat, special belts, etc.), a fine is imposed on the driver of the vehicle. According to clause 22.9 of the Traffic Rules, it is the owner of the car who is obliged to provide for and be responsible for the safety of the child.

Did you know? Seat belts were invented in the first half of the 19th century by the English scientist and inventor George Cayley.

Exceptions

When boarding a car, both the driver and the passenger must remember that there are practically no conditions for not wearing a seat belt legally. This requirement is enshrined in the Rules of the Road, in paragraph 2.1.2, but in some cases several exceptions apply. If during the movement of the car, a breakdown of locks and other elements is suddenly discovered, the belt may not be worn. However, paragraph 2.3.1 of the SDA states that in this case the driver must go exclusively to the parking lot or service station to eliminate all faults. Under other circumstances, this rule does not apply.

There are also a number of categories of road users in the legislation to which the requirements of paragraph 2.1.2 of the traffic rules do not apply. Passengers sitting in the back and in front can refuse to fasten the seat belt for health reasons, in case of disorders of the musculoskeletal system (disabled persons of groups 1 and 2). They also include specifically authorized persons: driving instructors carrying out their labor activities (teaching students of the driving school), as well as police and ambulance officers who are in a service car while performing their duties.

Since 2012, on the territory of the Russian Federation, the presence of seat belts in a car is a mandatory requirement. Their absence or malfunction, regardless of the age and type of vehicle, is the basis for recognizing the car as faulty during the state technical inspection.

How to appeal

If you do not agree with the actions of the traffic police officer, his decision can be challenged. For this, according to article 32.2 of the Administrative Code of Russia, 10 days are given from the date of notification of the offender. You need to submit a written complaint to the traffic police at the place of registration. The term for consideration of such decisions often does not exceed 10 days. In addition, it is possible to appeal against a penalty in judicial procedure at the place of residence or registration (for example, through the Moscow City Court). Here you will need to confirm the arguments with the help of witnesses and documented facts.

A fastened seat belt is a mandatory requirement for both the driver and passengers when traveling. This rule is documented in legal and bylaws, including traffic rules. That is why for its non-observance, the passenger and the driver of the car can expect a rather serious fine, especially if the neglect of protective equipment creates an additional threat to the life and health of minors.