Drivers do not always use restraints while in a vehicle. At the same time, for such neglect of the law, a fine is provided for an unfastened seat belt in accordance with Art. 12.6 Administrative Code . Many are not embarrassed by these sanctions of the Administrative Code.
As a rule, people pay for their own negligence with their health when an accident occurs, and only then do they realize the full significance of this device in the car. The Russian “maybe it will carry over” often leads to disastrous consequences.
The article will explain the consequences of this offense. It is told what should be the procedure for solving the problems that have arisen with the traffic police inspector related to non-compliance with the Rules of the Road.
In this article:
Seat belts in traffic rules
This simple and effective device was invented at the end of the 19th century in Europe. Let's figure out what it is.
Seat belts are a special device, which is an element of the system, designed to hold the body of the driver and passenger in the car during sudden braking, vehicle rollover, accident.
It will save a person from getting serious injuries and injuries. Since its invention, this type of device has been mandatory installed in any car.
Moreover, in clause 2.1.2 of the SDA, it is legislatively fixed that while driving, the citizen driving the car, as well as the passengers in the cabin, are required to fasten their seat belts.
It is the responsibility of the driver to make sure that all people sitting in the car are fastened, only after that he has the right to start moving, regardless of whether he is in the city or outside it.
Let us denote when the driver may not be wearing a seat belt so that the reader does not have illusions about this.
Suppose that in the process of driving a citizen found that the belt is faulty, then he must carefully follow to the nearest service, where it will be replaced or repaired.
When stopped by a traffic police officer, the driver must report a breakdown of the specified unit. In all other cases, road users must use this device.
Why buckle up
Almost every motorist will say with confidence that he knows the answer to this question. Most will report that it will save the person in the car from injury in an accident (when colliding with another car or obstacle).
In fact, everything is much more complicated. To better explain why it is necessary to fasten seat belts , you need to know that they are an element of the passive protection system for the driver and passengers.
They work synchronously with the front and side airbags (AIRBAG), preventing the risk of severe damage to the human body.
In fact, both of these devices are a complex system, the functioning of which is aimed at preserving the life and health of people.
In the event of a strong impact or sudden braking, the bodies of citizens in the passenger compartment of the car move forward under the action of inertia with great acceleration.
If you do not buckle up, you can get injuries to the head, internal organs of moderate and severe severity, which can lead in some cases to death.
Due to its design, the device in question will keep a person in place, minimizing the risk of injury. This will allow the front and side airbags to work correctly, which will protect the cervical vertebrae from fracture, which experience huge overloads upon impact.
Accident statistics on Russian and foreign roads show that the use of seat belts reduces the risk of serious injury, as well as the likelihood of death by 70%. Therefore, their use by passengers and the driver while driving is a mandatory requirement of traffic rules.
Fines for not wearing a seatbelt
This issue is regulated by Art. 12.6 and 12.29 of the Code of Administrative Offenses, despite the fact that administrative sanctions can be imposed repeatedly.
If the driver was once fined at the traffic police post and then after some time, unfastened and stopped by the police for this violation, he will again be punished in the same amount.
Penalties are imposed separately on the following persons:
- Driver.
- Passengers.
Driver
It is this person who is responsible not only for his own safety, but also for the safety of other people in the car. Therefore, before starting off, he is obliged to ensure that all the requirements of traffic rules when driving are observed.
The driver will be held administratively liable under Art. 12.6 Administrative Code:
- driving without a seatbelt;
- carried out movement on the motorway or within the limits of the settlement with passengers who did not use seat belts;
- transported a child without a special seat, without the use of child adapters or devices.
Article 12.6 of the Code of Administrative Offenses of the Russian Federation provides for a fine for the listed offenses in the amount of 1 thousand rubles.
Note that if the passenger (s) is not fastened, then the driver will also be fined in the amount of one thousand rubles, regardless of the number of persons who violated this instruction.
For your information! As mentioned above, a citizen can be fined for this administrative offense many times. In this case, the legislation does not provide for an increase in penalties for repeated violation.
Passengers
In accordance with the Rules of the Road, a vehicle must be equipped with seat belts in all seats. Passengers in these seats must wear seat belts while driving.
Often, novice drivers have the opinion that only those who sit in the front seat need to buckle up. This is not true - all people sitting in the car should also use seat belts.
If a person who is next to or behind the driver does not comply with this requirement while driving, then in accordance with Art. 12.29 of the Code of Administrative Offenses of the Russian Federation provides for a fine for an unfastened seat belt in the amount of 500 rubles of the Russian Federation.
Traffic rules provide that the traffic police inspector may impose a warning for this offense. If it is committed repeatedly, then more severe sanctions are applied.
In this case, the responsibility for the offender will be borne by the person driving the vehicle in the amount of one thousand rubles. The rear passenger will be fined the same amount as the one in front.
For children
Transportation of this category of persons is required taking into account their age. Being in the passenger compartment of a child's car must be accompanied by the use of special devices that ensure his safety when driving.
These include:
- Baby chair;
- adapters for belts available in the car;
- child fasteners.
To resolve this issue, clause 22.9 was introduced into the SDA, which states that between the ages of 7 and 11 years it is prohibited in a car without the use of special restraint systems. For violation of this legal norm, a fine of 3 thousand rubles is provided (clause 2 of article 12.23 of the Code of Administrative Offenses of the Russian Federation)
Usually kids under 7 years old sit in the back or front seat equipped with a child seat. Therefore, their absence will be the basis for the imposition of penalties. Sometimes for children over three years old, special adapters are used on belts, taking into account the build and weight of the child.
Children can be buckled up as adults in the back and front seats from the age of 12. If this rule is violated, the driver is liable under Art. 12.26 Administrative Code of the Russian Federation.
Note! From the age of 16, a passenger bears administrative responsibility (Article 2.3 of the Code of Administrative Offenses of the Russian Federation) independently in the amount of 500 rubles under Part 1 of Article 12.29 of the Code of Administrative Offenses. Accordingly, he is endowed with all the rights and obligations of a road user.
Penalties for not wearing a belt
Quite naturally, the question may arise whether it is necessary to buckle up in intercity minibuses plying on a specific flight. The fact is that in most cases, belts are initially provided in such a car. During operation, they are often removed by the owners of these vehicles.
In accordance with paragraph 1 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation and paragraphs 7.9-7.10 of the Appendix of the SDA of the Russian Federation it is forbidden to use cars that are not equipped with special devices for transporting people. The fine for the lack of seat belts in the bus during long-distance transportation will be 500 rubles.
If one of the passengers is not fastened, then the driver will be fined first of all. The presence of a passive safety system in this type of transport is as necessary as in other cars.
Does the camera capture and methods of fixation
The traffic police of the Russian Federation started talking about the identification of this offense on the roads back in 2010.
The installed video surveillance systems were initially programmed for other cases described in the traffic rules:
- stop line crossing;
- in some cases, determining the speed of the machine.
Without video fixation, you can see it qualitatively, it is unlikely to fasten your seat belt.
This is real when the car is stopped at a traffic light, and not in motion. If the front glass has even a slight tint, it is almost impossible to fix it.
Therefore, in order for a person to be held accountable for this administrative offense through video filming, there must be a high-quality image of the unfastened driver or passengers and the state number of the car.
In the absence of these indicators, it will be difficult to prove a violation. A motorist needs to stand in his position, if the video image captured by the camera does not clearly show everything.
How to appeal
Most often in the above situation, the consideration will be directed to the court. In the vast majority of cases, the judge takes the side of the traffic police inspector and issues a fine if the motorist did not take an active position and did not provide solid evidence.
Therefore, when such a situation arises, it is better to hire a lawyer who has experience in handling such cases.
However, the services of a professional lawyer are expensive, and most likely, the costs will exceed the amount of sanctions imposed. In any case, legal advice from a car lawyer on the issue of appealing a fine will not hurt.
If a police officer stopped and began to claim that the driver was not wearing a seat belt, proceed as follows:
- To prove that he just unfastened, as the car stopped.
- If the video does not clearly show the absence of a belt, deny your guilt.
- Write in the protocol, I do not agree with the imposed administrative penalty.
- File a complaint with the court.
- During the trial, bring witnesses, eyewitnesses, who will confirm that the belt was fastened.
- It would not be superfluous to say that initially hostile relations developed between the motorist and the traffic police officer, which prompted the policeman to write out a protocol.
Sometimes such cases are profitable. This requires providing a substantial evidence base in order to convince the judge of his innocence.
Advice! It is not necessary for the auto-lawyer to personally participate in the court. As a rule, it is enough to complain about the issued fine and a legal position on the case prepared by an experienced lawyer.
Exception to the rule: real chances to avoid a fine
One of the grounds is the return of materials in accordance with Art. 24.9 of the Code of Administrative Offenses of the Russian Federation. This article is valid if the protocol was written incorrectly, or by a person who does not have the right to do so.
Then a complaint is filed with the court, where during the proceedings errors in the preparation of the protocol will be revealed, this will serve as the basis for the return of materials and the removal of the imposed penalty from the citizen
Tips for the driver on how not to get caught by the traffic police for not wearing a seat belt
Compliance with safety rules while driving will protect people from negative consequences in the event of an accident.
And so that the car owner does not encounter arbitrariness on the part of the police, several rules must be observed:
- Do not drive in .
- Carefully study the completed protocol so that there are no far-fetched wordings in it.
- Write a complaint to the court on the fact of unlawful imposition of a fine.
- During court hearings, take an active position proving the illegality of the actions of the traffic police inspector.
- Engage witnesses and eyewitnesses, and if a dual camera DVR is available, provide the recording to the inspector and then in court if this did not take effect at the scene.
Despite all the recommendations, the author of the article believes that it is better to always be seated behind the wheel, regardless of driving experience and the prevailing situation on the road. After all, the use of a security system created by car designers back in the last century in 100% of cases on the track justifies itself.
Not wearing a seat belt, drivers and passengers, of course, take risks. It is obvious. No matter how many opponents of seat belts tell tales that an unfastened person flew out of a car during an accident and only thanks to this, they say, remained alive, you can’t argue against scientific research and statistics. And here, as you know, the only conclusion: if you want to live, buckle up. Yes, do it right.
Here are just the highlights. The belt should "sit" tight enough. A weak stretch (some people 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 don't think it's necessary to talk about the consequences. For those who do not think about their own safety and passengers or 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?
The rules of the road 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 want to note one more detail. Despite the fact that there is not a word in the traffic rules about the need to be fastened during a stop or parking, I still recommend not to remove the belt in these cases. At least if you're sitting in a parked car on a busy road. If a scorcher drives into your car, a seat belt will come in handy.
Unlike the driver, the passenger is not required to monitor the rest of the car's interior occupants. The main thing here is to buckle up. Moreover, the obligation to buckle up does not depend on the passenger of which vehicle we are. The obligation to fasten, I repeat, arises in the presence of 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 fastened. Just like the driver himself. I decided not to be like the majority and fastened my seat belt. Yes, driving like this is not very convenient, especially when you drive all night. But now, in the Uryupinsk region, a crazy collective farmer flew onto the highway from a secondary road. Our driver, of course, on the brakes. And here, I confess, I felt the beauty of seat belts. Unlike the rest of the passengers, who accelerated sharply forward and also braked sharply with their faces against the seats in front, I only twitched forward a little. So, the usefulness of belts for me is undeniable. I hope for you too.
Do not forget about the features of transporting children. Let me remind you that not so long ago, amendments to the Rules of the Road came into force. Now, a child under 11 years old can be transported in the front seat only using special child restraints (car seats). In the back seat, children under seven years of age can also only use a car seat, while those over seven years old can do without them. The main thing is to fasten regular seat 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, friends, I strongly recommend the following. If the child is less than 150 cm tall, use if not car seats, then at least boosters.
So, we remembered the rules of binding to a car, now about penalties for violations.
Ticket 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 slovenliness (not wearing a seat belt), but the driver will also fly in for the carelessness of passengers. Let's look at a couple of examples to illustrate. The inspector stops the car in which there are a driver and two passengers. Nobody is strapped in.
In this case, the driver will be punished with a fine of a thousand rubles for not being fastened himself, and also for not forcing passengers to fasten their seat belts (Article 12.6 of the Code of Administrative Offenses of the Russian Federation). Well, each passenger can be fined 500 rubles (Article 12.29 of the Code of Administrative Offenses of the Russian Federation). Moreover, the inspector has no right to impose several fines on the driver. Say himself a thousand, and for each unfastened another thousand. This is pure divorce. And such initiative of the inspector has no legal basis.
Second option. The driver is seated, 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, without a car seat, for example, then the punishment here is already more serious. In this case, the fine for the driver will be 3 thousand rubles (part 3 of article 12.23 of the Code of Administrative Offenses of the Russian Federation). But what about the fine for the child, you ask? The state does not punish children. The fact is that persons who have reached the age of 16 are brought to administrative responsibility.
Another interesting point. Let's say you decide to dismantle the seat belts in order to permanently get rid of this problem. In this case, be prepared for the fact that the operation of your car will be banned. Of course, they won’t send you to the impound, but they will oblige you to eliminate the cause. The fine here is small - 500 rubles. This is for the driver. And for an unfastened passenger, the same thousand. And they can punish you every time they slow you down.
As you can see, the amounts of fines are serious. Even a couple of checks on the road is enough to lose a significant amount, enough to remember to buckle up yourself and remind passengers of this. Well, the fact that children need to be transported only in car seats, this, I think, is not worth explaining. And it's not all about big fines.
A fine for violations is always an unpleasant surprise and no one wants to pay it. At the same time, many fines can be avoided if you are more careful and know exactly your rights as a car owner. One of the most controversial fines is not wearing a seat belt. Now for the violation of Article 12.6 of the Code of Administrative Offenses, a fine of 1000 rubles is provided. Agree, it’s unpleasant to part with such an amount just like that. In some cases, the traffic police inspector tries to issue a fine for an unfastened seat belt when you unfasten it after a stop to get documents, for example. In this case, the main thing is not to get confused and disagree with the protocol.
The inspector does not have a record where you are driving with an unfastened seat belt, and if there is, then at the time of movement he was on you. You only need to pay a fine if you are driving a vehicle and not sitting in a stationary car. In the same way, you can also challenge your fine if you were driving without a belt. You should be careful, as you could get on the DVR of a patrol car and then you will still have to answer for the violation. In the event that your car stops outside a stationary post, if a special order for continuous checks has not been introduced, the traffic police officer must name the reason for the stop, if the reason is precisely the violation of Article 12.6 (Driving a vehicle with an unfastened seat belt), then demand a video or photo in which a violation has been recorded. Do not agree with the protocol and it is likely that such an offense will be canceled in court. If they want to issue a fine not for you, but for an unfastened passenger, then you need to know the following. Firstly, the fine for transporting an unfastened passenger is not 1000, but 500 rubles. Secondly, also require evidence from the inspector in the form of a photo or video. This article of the Code of Administrative Offenses previously regulated the transportation of children. A car in which children under 12 years of age are transported must be equipped with a special restraint device. The fine for this violation is 3000 rubles. Approximately how much does a child seat cost on average. It is impossible to get around this violation, because if there is no chair, then you will not be able to prove your innocence. In this case, it is better to buy a chair once in a car shop, and you should not save too much on the safety of the child. Purchase proven and reliable child seats that have the appropriate certificates. Remember that in the event of an accident, even with minimal damage to the car, the risk of injuring a child is very high. Don't risk your children's lives. In conclusion, I would like to say that violation of traffic rules can lead to very unpleasant consequences and we are not talking about fines at all. In situations where you are involved in an accident, a seat belt can save your life. And the knowledge of your rights and the ability to challenge the offense should be used in cases where you are clearly not guilty.
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 talking on a 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).
