Both drivers and passengers of vehicles are full participants in road traffic. This means that they are all required to obey existing rules, one of which states that while driving, both the driver and all his passengers must wear seat belts. Moreover, this applies not only to personal cars, but also to some types of public transport - for example, taxis or minibuses, which were initially equipped with these restraint devices. However, passengers often, for one reason or another, neglect the duty to buckle up. What should drivers do in such cases? Who is responsible for an unfastened seat belt: the passenger himself, the owner of the vehicle, or both? Who pays the fine for an unbelted passenger and is it possible to avoid this penalty? We explain these and other important points together with lawyer Ekaterina Antonova .
photo from the personal archive of Ekaterina Antonova /
Are there penalties for unbelted passengers in 2021?
Clause 2.1.2. Road Traffic Rules (TRAF) states: when driving a vehicle equipped with seat belts, the driver must not only be fastened himself, but also not carry passengers who are not secured with belts. If for certain reasons a passenger refuses to buckle up, the traffic police officer has full legal authority to issue a fine for such a violation.
Rules for using a restraint when driving a car
Traffic rules regulate the issue of fastening both the driver and road users in a car while driving. Article 2, paragraph 1.2 of the Traffic Regulations states that the driver must ensure that he is wearing a seat belt, as well as all passengers in the car. It should be noted that if the car is equipped with seat belts, the passengers must be fastened.
For the driver
The driver of the car must ensure that all passengers are wearing seat belts. If the vehicle is equipped with the specified seat belt design, all rear seat occupants must be buckled. This aspect is described in Article 2, Section 1.2 of the Traffic Regulations.
For the passenger
The passenger must wear a seat belt when entering the vehicle. When driving the car, the passenger must be fastened by the seat belts designed in the car. This issue is regulated by Article 5, paragraph 1 of the Traffic Regulations.
For a child
Based on changes made to the legislation of July 2017 on the transportation of children, the following is provided: Transportation of children under 7 years of age must be carried out directly in child restraint systems that correspond to the height, weight and age of the child.
Reference. Transporting children from 7 to 12 years old in the back seat of a car is permitted if a safety system is used. A child may only be seated in the front seat using a child seat.
As already described, from the age of 7, a child must be buckled in the back seat.
Read more about the rules for transporting children and fines for violations here.
Who does the fine apply to: the driver, the passenger, or both?
According to the law, responsibility for each of the passengers of a vehicle lies with the driver, so he should not start driving until he is sure that they are fastened.
However, this does not mean that the traffic inspector will “punish with the ruble” only the driver: the administrative penalty will also affect the passenger who violated the rules.
“Moreover, even ignorance of the law, as we know, does not exempt a person from responsibility, so each individual unbelted passenger will have to pay a fine, even if we are talking about a large company that, for example, used the services of a passenger taxi,” notes Ekaterina Antonova.
Unbelted child
Two years ago, significant changes occurred in the transportation of children without observing safety precautions. Previously, the punishment applied only to individuals, but now those who transport children will be held accountable.
In general, the amount for ordinary drivers remained the same - 3,000 rubles. When it costs organizations 100,000 rubles, for civil servants it costs up to 25,000 rubles. There are no restrictions in the traffic rules regarding the transportation of a child. The following options are available:
- Baby chair;
- children's belt;
- child adapter for adult belts.
Typically, child seats are used to transport children, and from the age of 12, adapters are installed on regular seat belts . Although there are chairs on sale that are designed for children aged 12-14 years, they are not popular.
Rather, this is due to the fact that the parents themselves at this age consider the child old enough to be accompanied in a car. This is also indicated by clause 22.9 of the traffic rules, which states that all rules for safe transportation apply to children under 12 years of age.
It's an interesting situation. The fine for children under 12 years old, according to traffic regulations, will be 3,000 rubles. For older teenagers, the penalty will be the standard 1,000 rubles, although they will only become legally adults at age 16.
What is the fine for not wearing a seat belt for the driver and passenger in 2021?
Responsibility for neglecting the rules for transporting passengers regarding the use of seat belts is stipulated by Art. 12.6 of the Code of Administrative Offenses of the Russian Federation for the driver: according to this rule, the fine is 1000 rubles. At the same time, the responsibility of the passenger is provided for in Art. 12.29 of the Code of Administrative Offenses of the Russian Federation and the amount of the fine for it is 500 rubles. In some cases, instead of a monetary fine, a passenger who has violated the rules may be given a warning.
Financial liability for an unbelted passenger also applies to passengers traveling in the back seat, provided that the vehicle is equipped with rear seat belts.
Who is guilty?
If traffic police officers notice at least one passenger without a seatbelt, they have the right to issue a fine, both for the driver and the passenger.
In accordance with Article 12.6. Code of Administrative Offenses of the Russian Federation, “driving a vehicle by a driver who is not wearing a seat belt, transporting passengers not wearing seat belts if the design of the vehicle provides for seat belts, as well as driving a motorcycle or moped or transporting passengers on a motorcycle without motorcycle helmets or wearing unfastened motorcycle helmets - entails imposition of an administrative fine in the amount of one thousand rubles.”
In accordance with the Administrative Code, the driver is responsible for his passengers. Thus, regardless of whether he told his friends or family about the need to buckle up, the driver will receive a ticket only for starting to drive without making sure that all safety requirements are met.
Question answer
Is it possible to carry passengers in the trunk?
But that is not all. An administrative fine is also mandatory for unbelted passengers. In accordance with Article 12.29 of the Code of Administrative Offenses of the Russian Federation, “violation of the 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.”
If a whole group of friends turned out to be unbelted, then traffic police officers have the right to draw up a resolution in relation to each violator.
How to prove that a seat belt is not fastened, and who issues a fine for an unfastened passenger?
According to the general rule, a fine for wearing a seat belt is imposed on both the driver and the passenger by the traffic police inspector.
“The inspector sees that the driver or passenger is driving with an unfastened seat belt, stops the car and draws up a report,” says Ekaterina Antonova. — Recently, fines from cameras for wearing a seat belt have also been practiced. Within one second, the camera takes several photographs of the car, and then the information is sent to the server, where it is analyzed by a computer and, when a violation is detected, automatically generates the appropriate materials, on the basis of which the traffic police officer generates a resolution to pay a fine.”
Unfastened seat belt: legal consequences after an accident
Let's first define two main points:
1. Everyone should always wear a seat belt in a car;
2. Rear passengers need to wear seat belts too.
Arguments of opponents
I had one friend who, when driving, never buckled up. And being a passenger in my car, he always reluctantly put on his seat belt, just out of respect for me, or maybe he just didn’t want to wait for the car to stop “squeaking.”
I asked him thousands of times: “Why don’t you buckle up? What, seat belts were invented for beauty? Don’t you understand that this is your safety?” To which he replied: “Yes, I understand everything perfectly and I know that I’m wrong, and I completely agree with you, but here’s something... well, I just can’t... I feel somehow uncomfortable.”
After which I realized that our argument with him was useless. If a person is not comfortable in safety, then how? There are people who know how to learn from the mistakes of others, and there are people like my friend who learn only from their own. When he got into an accident with a truck, in which he and his passenger (both unbelted) miraculously survived, he finally began to buckle up.
Hopefully, not everyone will need such an example to become conscious about wearing seat belts. Therefore, I will conduct a small legal educational program.
Especially for skeptics who neglect seat belts on the second row, here is the following video:
New fines for not wearing a seat belt
Passengers, in accordance with traffic regulations, are required to wear them when traveling in a vehicle equipped with seat belts. The fine for not fastening a seat belt is 1,000 rubles.
Who pays the fine if the passenger does not wear a seat belt?
According to clause 2.1.2 of the traffic rules, the driver must wear a seat belt and not carry passengers who are not wearing seat belts. Accordingly, the driver pays 1,000 rubles for himself or for a passenger, and the size of the fine does not depend on how many people in the car did not use seat belts. In any case, the fine will be the same 1,000 rubles.
However, passengers will not go unpunished. According to clause 5.1 of the traffic rules, passengers must wear them when traveling in a vehicle equipped with seat belts. A fine of 500 rubles is imposed separately on each passenger or a warning is issued in writing.
What to do if the car does not have seat belts?
If the rear of the car is not equipped with seat belts by the manufacturer, but there are special elements for installing them (for example, brackets), that is, the design of the car provides for independent installation of belts, then the driver and passenger can still be punished. It is believed that the driver was required to install seat belts himself. If the design of the car does not provide for independent installation of belts at all, then you have no right to punish.
Photo: depositphotos.com
What happens if your passenger is injured in an accident without wearing a seat belt?
It is important that the driver bears full responsibility for the unbelted passenger, and here we are no longer talking about a fine, but about criminal punishment.
But I want to note that you will be punished as a driver only if all the consequences of the accident occurred as a result of your violation of traffic rules. That is, if you are found guilty. If the rules were not broken, there was no punishment. However, you are always financially responsible for your passengers! Yes, yes, you got it right: regardless of whether you are guilty or not. It all depends on the passenger himself. He has the right to make a claim either only to his driver as the owner of the source of increased danger or only to the culprit of the accident, or to both drivers at the same time. If the passenger died, then this right is assigned to the relatives of the deceased.
Can the at-fault driver's lawyer try to relieve him of his obligation to pay for your passenger's medical treatment if he was not wearing a seatbelt?
Let's imagine the situation.
You drove along and didn't bother anyone. Someone crashed into you, resulting in injury to an unbelted passenger in your car. The lawyer for the culprit of the accident, of course, can try to shake off the guilt of his client, emphasizing the fact that the person in your car put himself in danger because he was not wearing a seatbelt. But only if it proves that it really was so. However, as practice shows, the fact that the victim was not wearing a seatbelt will not play any role in the outcome of the case. The culprit will not cease to be a culprit, and compensation for harm caused to the health of the victim will also not decrease.
Can an insurance company refuse to pay a driver or passenger if they were not wearing a seat belt?
In theory, insurers can try to refuse payment. But even if there is a gross violation on the part of the insurer, expressed in refusal to pay, then full compensation can be achieved and the insurer’s actions can be declared unlawful through the court.
What to do if a passenger refuses to buckle up?
The law does not regulate this situation in any way. In fact, there is no way you can force the person who gets into your car to fasten their seatbelt. That is, if you want to do everything according to the law, you have two options. The first is to refuse transportation, that is, to disembark the passenger without talking. The second option is to take a simple written receipt stating that the passenger waives claims against you if he suffers in an accident while not wearing a seatbelt.
How to avoid a fine for not wearing a seat belt in 2021?
One of the key grounds for canceling an issued fine is the incorrect completion of the relevant protocol by a traffic police officer.
“Therefore, you should carefully study this document: if it contains erroneous information about the driver or the vehicle he was driving, then the violator has the right to appeal against the drawing up of the protocol. If a citizen disagrees with the punishment, he can challenge it in court within 10 days,” explains Ekaterina Antonova.
Maternity seat belt
Wearing a seatbelt is a mandatory requirement that applies to everyone. Traffic regulations do not provide for exceptions to this rule for pregnant women, so they are required to use belts at any stage of pregnancy.
To protect yourself and your child from injuries that can be caused by a seat belt during sudden braking, adhere to the following rules:
- Place the shoulder strap of the belt across the center of your chest. Make sure the belt does not touch your face or neck;
- Make sure that the lumbar portion of the belt does not go across your stomach. It is best to fix it under the stomach. If the belt reaches your belly button, lower it lower.
To secure the lumbar strap under your belly, you can use a special maternity belt adapter.
In the event of sudden braking or an accident, stationary belts, when correctly positioned, will protect the woman from injury and will not harm the fetus.
You can avoid penalties on some other legal grounds:
- the design of the seat belts has failed (in this case, the driver must prove that at that moment he is heading to a service station to have the problem fixed);
- both the driver and passengers took off their seat belts after the car stopped;
- the initial absence of seat belts in a particular car model (this design is not preinstalled by the manufacturer). If the belts were removed by the car owner himself, it will not be possible to avoid a fine.
pixabay.com/PD/
Who is exempt from punishment?
The legislation identifies several categories of persons who are exempt from punishment while driving a car. These include:
- Instructor during a training ride . Confirmation in this case is a certificate of the right to learn to drive vehicles.
- Disabled person. Confirmation is a document confirming the disability of the person driving the vehicle.
- Drivers and passengers of special vehicles . In this case, the car must be equipped with all the necessary special signals (ambulance, police, fire service).
It should be noted that public transport passengers are subject to punishment for violating this rule. However, not all public transport is equipped with the necessary system.
Is there a discount on the fine?
An unbelted passenger who has been issued a fine can reduce its amount if he pays promptly: in this case, the discount on the fine will be 50%. Such a “bonus” is valid for 20 days from the date of the decision on an administrative violation.
One way or another, the passenger, as well as the driver of the vehicle, must realize and remember that transporting passengers who are not wearing a seat belt is a serious violation of traffic rules. And even if in life he himself is accustomed to “hoping for chance,” then he should at least buckle up out of a sense of respect and concern for the driver. Indeed, in the event of an accident, he will have to answer before the law for any injury received by unbelted passengers, as well as to compensate for material damage caused to their health. And for the offender himself, a much greater punishment than a fine may be the loss of life or disability as a result of an accident, the tragic consequences of which could have been avoided with the help of a regular belt.
When not using the device in the back seat
People who believe that you don’t need to wear a seat belt in the back seat of a car are deeply mistaken. rear-seat seat belt system
If a violation of the rules was recorded by a traffic inspector, a fine or warning will be issued for a passenger not wearing a seat belt in the back. In the event of an accident or if another violation was recorded, the traffic inspector may choose a preventive measure in the form of deprivation of a driver’s license.
