Traffic rules require you to move in a vehicle with a fastened seat belt, but not all drivers comply with this requirement.

We will tell you about all the innovations regarding the use of a seat belt. Who pays the fine if the passenger was unfastened? How to use a seat belt for pregnant women? Is it possible to challenge this fine?

Fines for driving without a seat belt in 2018

If the vehicle is equipped with seat belts, passengers and the driver in seats equipped with these elements should only ride with the belts on. This is written in clause 2.1.2 of the SDA:

“The driver of a power-driven vehicle is obliged, among other things, when driving a vehicle equipped with seat belts, to be fastened and not to transport passengers who are not fastened by belts ...”

Responsibility in the form of a fine for violation of the specified paragraph of the traffic rules is provided for by Art. 12.6 of the Code of Administrative Offenses of the Russian Federation:

“Driving a vehicle by a driver who is not wearing a seat belt, transporting passengers who are not wearing seat belts, if the design of the vehicle provides for seat belts ... - shall entail the imposition of an administrative fine in the amount of one thousand rubles”

People who paid the fine within 20 days can count on a 50% discount, according to Part 1.3 Art. 32.2 of the Code of Administrative Offenses of the Russian Federation:

“When paying an administrative fine by a person brought to administrative responsibility for committing an administrative offense under Chapter 12 of this Code, with the exception of administrative offenses under Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 article 12.15, part 3.1 of article 12.16, articles 12.24, 12.26, part 3 of article 12.27 of this Code, no later than twenty days from the date of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine”

In order to determine the amount of the fine for this violation, you need to know the age of the child. The fine for transporting a child over the age of 12 is the same as for transporting an adult who is not wearing a seat belt, that is, you will have to pay 1,000 rubles - this is required by Art. 12.6 of the Code of Administrative Offenses of the Russian Federation.

Children under 12 fall into a different category. When transporting them, you must comply with clause 22.9 of the SDA:

“Carriage 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 seat belts provided for by the design of the vehicle, and on the front passenger car seat - only with the use of child restraints"

That is, children of this age should only be transported in child seats or other devices that can ensure safety. Without a child car seat, children under 12 years of age can only be transported in the back seat.

Part 3 of Article 12.23 of the Code of Administrative Offenses of the Russian Federation defines responsibility for the transportation of children under the age of 12 without observing safety rules:

“Violation of the requirements for the transportation of children, established by the traffic rules, - entails the imposition of an administrative fine on the driver in the amount of three thousand rubles; for officials - twenty-five thousand rubles; on legal entities- one hundred thousand rubles "

Unfastened children can only be transported in the back seat, and only in those models of vehicles that do not provide seat belts for passengers in the rear seat.

Responsibility for an unfastened seat belt for a passenger

Clause 5.1 of the SDA of the Russian Federation indicates that passengers themselves must take care of their safety:

“Passengers are obliged: when traveling in a vehicle equipped with seat belts, to be fastened with them”

If the passenger violated the rules traffic, he will also be punished and he will pay a fine in the same way as the driver of the vehicle.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation establishes liability for this violation for the driver (1000 rubles), and passengers are held liable in accordance with Part 1 of Article 12.29 of the Code of Administrative Offenses:

"Violation of traffic rules by a pedestrian or a passenger of a vehicle - entails a warning or the imposition of an administrative fine in the amount of five hundred rubles"

Please note that for the driver this type of responsibility as a warning is not provided. so he gets fined anyway. But the passenger cannot be sure that he is not liable. Everything is possible!

Pregnant women are responsible for two, so they are required to use seat belts in transport, if this is provided for by the design of the car.

There are some rules that will make the use of the belt as convenient and effective as possible:

The shoulder strap should run along the center of the chest, without touching the face and without endangering the neck;
It is better to skip the lumbar part under the stomach. There are special adapters that fix the strap at the right level so that it does not return to its usual position at the level of the navel.

These rules will help a woman travel safely.

The airbag in different cars works differently. Some car models have design features that allow airbags to deploy only when the driver and passengers are wearing seat belts.

The airbags are deployed when the crash detection sensor sends a signal. It is the seat belt that comes first to the aid of a person, and its action softens the impact on these pillows. If the car was moving at a decent speed and on impact a person flies into the airbags, the force of collision with them can be dangerous - exactly the same as hitting the dashboard. That is why, in some cars, special sensors do not allow the airbags to deploy if the seat belt is not fastened.

The ideal combination of protection in a car is the use of both seat belts and airbags. An unbelted person can get much more dangerous injuries than a person wearing a seatbelt.

If you were issued a fine for no reason, it can be challenged. You will be found not guilty in several cases:

the design of the vehicle does not provide for the existence of seat belts in the cabin;
you really were unfastened, but the car was parked;
the belts were damaged and you were driving to a service station or parking lot.

Refer to clause 2.3.1 of the SDA.

It is possible to avoid a fine if you communicate correctly with the traffic police inspector:

1. Ask for proof that you were indeed driving unfastened (photo or video).

2. If the inspector does not have evidence, emphasize the fact that the car is now stopped and you do not have to be seated in a parked car. Say that you unfastened in order to communicate with the inspector and show him the documents.

3. Demand the protocol and before you sign it, make a note “I don’t agree with the violation, I was wearing my seat belt at the time the car was moving, the inspector has no evidence of my guilt.” (Article 1.5 of the Code of Administrative Offenses of the Russian Federation).

4. To appeal against a decision on an administrative violation, contact a lawyer who specializes in automotive topics.

5. If you decide to appeal the decision on your own, within 10 days, contact a higher official or body, as an option - to the courts (district court at the place of consideration).

Part 1. Article 30.3 of the Code of Administrative Offenses of the Russian Federation states in this regard:

“A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision”

You need to contact a lawyer for one simple reason: only a well-written complaint will give you chances in court, since usually the judge makes a decision in favor of the traffic police inspector, even if he cannot provide any evidence of your guilt. The easiest way to prove your case in court is a registrar with two cameras that will record events both in front of the car and in the cabin.

The testimony of witnesses is important, but they are not always taken into account by the court, which means that you will not be able to avoid a fine with the help of your acquaintances.

Take advantage of the seat belt. Remember - it's not scary to be punished by a traffic police inspector. It is terrible to suffer (or even die) because of your negligence in an accident. The seat belt is the real insurance of your life!

Previously, the sanction of this article was focused only on the FL. This year, the legislator decided to toughen the punishment for those responsible for organizing the transportation of children. For other cases, the seat belt penalty remained unchanged in 2019:

for drivers - 1000 rubles.

Q&A: Do I need to wear seat belts when riding in the back seat of a taxi?

Kirov resident Irina Morozova turned to our editorial office. The woman was riding in a taxi in the back seat when a traffic police inspector stopped the car.

- The traffic police officer wrote me a fine for not wearing a safety belt.

But how legitimate is this? After all, I was driving behind. As far as I know, only the driver and the passenger in the front seat are required to wear seat belts,” says Irina.

To find out the answer to this question, we called the press service of the traffic police in the Kirov region.

- All vehicle occupants must wear seat belts. Regardless of where he sits, in front or behind.

A fine of 500 rubles for an unfastened passenger will be issued to both the driver and the passenger himself, the traffic police explained.

But there is one exception. A fine for an unfastened passenger will not be issued if the rear seat belts in the vehicle are not provided for by the design of the car.

Fine for unfastened seat belt driver and passenger

According to clause 2.1.2 of the SDA, if the vehicle (hereinafter referred to as the vehicle) is equipped with security, then the driver and passengers must be fastened with them while driving.

Should rear passengers buckle up 2019

Who actually pays - the driver or the passenger himself?

The correct answer is driver and passenger. Subparagraph 2.1.2 of the Rules of the Road stipulates the obligation for the driver, when driving in a vehicle equipped with seat belts, to be fastened and not to carry passengers who are not wearing seat belts. In accordance with paragraph 5.

Is there a fine for an unbelted passenger in the back seat?

After all, where an adult has a chest that a belt holds in a collision, a child most often has a face or neck.

Why you need to wear a seat belt saves in any kind of collision. Stopped for not wearing a seatbelt? fresh fines for the driver and passenger But it is necessary to buckle up when leaving the highway, because the speeds are much higher.

Stopped for not wearing a seatbelt? Fresh fines for driver and passenger

There are penalties for three types of violations:

No driver's seat belts
Passenger not wearing seat belts
A child in a car without a special device

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

Seat belt fine in 2019

Punishment threatens after each new stop by a traffic police officer.

Thus, the driver will be able to receive a monetary penalty several times for his inattention or banal laziness.

Are rear passengers required to wear seat belts?

When is a violation reported? If the traffic inspector saw that the driver was in the vehicle unfastened while driving, then he has every right to issue a fine.

What is the fine for driving without a seat belt?

Traffic rules provide for three types of violations related to seat belts:

Unfastened driver.
Unfastened passenger.
Transportation of children without a special device.

The penalties for these violations vary.

Unfastened driver Unfastened passenger The driver is responsible for himself and for himself.

The fine is issued by the traffic police officer (traffic inspector, as he is also called).

In addition, a receipt for this offense may come to the perpetrator by mail if it was recorded by a radar or surveillance camera.

Fine for not wearing a seat belt Unfastened seat belt for a child Neither the parents nor the child themselves are punished, except in the case when one of the parents is driving.

Paragraph 2.1.2 of the SDA clearly stipulates 2 points that the driver of a car equipped with seat belts must monitor when driving:

the driver himself must be fastened with a seat belt;
The driver must ensure that all passengers are wearing seat belts.

Please note that if your vehicle is equipped with seat belts, you cannot carry unbelted passengers.

It is only necessary to fasten your seat belts while the vehicle is moving, but it is recommended that you fasten your seat belts as soon as you get into the vehicle, even if you are not going anywhere. This is due to the fact that quite often traffic accidents occur with standing cars, so such troubles cannot be ruled out and you need to be constantly prepared for them.

Passenger seat belt

The rules for using seat belts for passengers are somewhat simpler than for the driver. The passenger is only required to ensure that he is wearing a seat belt. Be sure to fasten your seat belt when in someone else's vehicle. You can never be sure that the driver of a vehicle will not suddenly decide to violate the rules of the road, for example, significantly exceed the speed limit or enter the oncoming lane.

This is especially true for drivers of public transport: city taxis and intercity buses. Often in such vehicles, the belts are partially or completely dismantled, and, unfortunately, more often than not, the passenger is not allowed to choose from several taxis or buses.

However, if there are still belts in the vehicle, be sure to use them. I hope that your bus or taxi will not get into an accident, but the seat belt can at least protect you from moving around the cabin during sharp maneuvers that public transport drivers are famous for.

Child seat belt

For the transportation of children under the age of 12, the following rules are currently provided:

when transported in the front seat, a special child restraint must be used;
when transported in the back seat, either a special child restraint or other means to secure the child must be used.

The child restraint must be appropriate for the height and weight of the child. If the car is not equipped with seat belts, then a child restraint is not required.

Please note that as of January 1, 2012, all vehicles must be equipped with seat belts. Without them, it will not be possible to pass a technical inspection of the car and obtain an OSAGO policy.

Ticket for not wearing a seat belt

Consider the fines that can be imposed on the driver and passengers for not wearing seat belts.

1. Penalty for the driver

The fine for a driver's belt is currently 500 rubles. Please note that the amount of the fine does not depend on how many people in the car are not wearing seat belts. Even if all 40 passengers in an intercity bus ignored the use of seat belts, the fine will be the same 500 rubles.

However, this fine can be imposed at each traffic police post, i.e. a single unbelted passenger can result in several fines.

2. Penalty for not wearing a seat belt for a passenger

The maximum fine for an unfastened seat belt for a passenger (Article 12.29 of the Code of Administrative Offenses) is currently 200 rubles. I note that instead of a fine, a warning may be imposed on the passenger, which is issued in writing.

3. Penalty for not having a child seat

The fine for not having a child seat or child restraint is currently 500 rubles. It is imposed on the driver of the car.

Note that a fine cannot be imposed on a child who was driving without a child seat. children under 12 years old are transported in special chairs, and administrative fines are imposed only from the age of 16.

For example, the inspector approaches you and reports that you are not wearing a seat belt (or were talking on cell phone). Ask the inspector to present an official ID, clause 2.4 of the SDA (fix his data)

Possible answers:

“The seat belt must be used while driving, and my car is stationary. I just unfastened my seat belt while you were walking towards me, and I did it in order to get the documents. In a stationary car, both the driver and the passenger are not required to be fastened.

Ask if there are any witnesses or a video of the “violation”?

If there is no photo, and the inspector insists on his own, demand that a protocol be drawn up.

When you are given a protocol to sign, the following entry should be made in it: "I do not agree with the violation. My guilt has not been proven by anything (Article 1.5 of the Code of Administrative Offenses of the Russian Federation). I require the help of a lawyer"

Within 10 days, we send a complaint against the actions of the IDPS.

It must be remembered that in the event of an accident, the driver pays out of his own pocket for a passenger who is not wearing a seat belt, even if he is innocent of the accident.

According to the Code of Administrative Offenses, 2 fines are issued for an unfastened passenger: and for the driver, Art. 12.6 (500 rubles), and per passenger st. 12.29 (200 rubles).