A competent response to an attempt to issue a fine for a belt

The traffic rules, paragraph 2.1.2, state that a seat belt must be fastened for all passengers in the car before the vehicle moves off. For violators, punishment is provided in the form of a fine for not fastening a seat belt.

Collection of a fine for not fastening a seat belt in 2021 can be issued not only to the driver, but also to his passengers.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

When is the fine imposed?

A traffic inspector has the authority to issue a protocol for all violators of the rules for the safe operation of transport in accordance with the traffic rules (clause 2.1.2; clause 22.9). A fine for not wearing a seat belt in 2021 will be issued if:

• the driver did not use the belt;
• the conditions for travel in a car for a minor child under 12 years of age were violated;
• the passenger was not wearing a seat belt.

The car may be stopped by a traffic inspector for another reason, and non-compliance with the rules for using a safety structure is discovered later by a traffic police inspector. In such a situation, separate orders are issued for each violation.

Fine for not wearing a seat belt in 2020: size, discount, terms and payment methods

Wearing a seat belt in a car is a safety precaution that must be observed by both drivers and passengers. This attribute was invented quite a long time ago, but has become mandatory only in recent years. Let's consider what violations regarding the use of seat belts are possible, and what fines are expected for them.

Traffic regulations about seat belts

In accordance with the traffic rules, when driving a car equipped with seat belts, the driver must be fastened himself and carry passengers only if they are fastened. If we are talking about a motorcycle, it is allowed to wear a fastened helmet. The same applies to passengers.

It is also the responsibility of the passenger to wear a seat belt and, if riding a motorcycle, to wear a motorcycle helmet. Thus, everything is simple - there is a belt, you need to fasten it.

Before November 20, 2010, there were a few exceptions that allowed you to not wear a seat belt: driving instructors, passengers, and emergency drivers. At the moment, such exceptions are not relevant.

Fine amount in 2021

Fines for not wearing a belt are regulated by the Code of Administrative Offenses (Article 12.6).

For the driver not wearing a seat belt

Fine for not fastening a seat belt for the driver in accordance with Art. 12.6 of the Code of Administrative Offenses of the Russian Federation is equal to 1000 rubles. By paying it within 20 days after the decision, you can save 50% and reduce its amount to 500 rubles.

A violation may be recorded if the driver of any vehicle was not fastened with a seat belt while driving as required by the operating instructions.

A fine can be imposed on the driver even if there are unbelted passengers in his car. It is his responsibility to make sure they all use their belts.

Often, drivers who have airbags in their cars do not use seat belts, thinking that the airbags completely protect them. But this is a wrong opinion. In the event of a collision, the belt will support the person's body, but greater loads will be placed on the neck. When the pillow unfolds, it will specifically fix the position of the head and neck.

If a person is not fastened, the airbag will not only not save him, but will also harm him even more. In the event of a collision, he will move forward by inertia, but the pillow will throw him in the other direction. This can result in serious injury. Therefore, the pillow in no way replaces the need to use a belt.

Passenger's

Passengers and pedestrians often forget about their own safety. However, there are also certain penalties for them. So, when checked by a traffic police officer, the fine for an unbelted passenger will be 500 rubles (12.29.1 Code of Administrative Offenses of the Russian Federation).

A fine can be issued for driving without a seat belt in both the front and back seats of a car. This also applies to taxis and intercity buses.

No child seat

The law prohibits transporting children under 7 years of age in cars if the vehicle does not have special restraint devices - child car seats and boosters. Transporting small children without a child seat in accordance with 12.23.3 of the Code of Administrative Offenses of the Russian Federation is fraught with a fine of 3,000 rubles.

In 2021, the law on transporting children in cars has undergone some changes. Children aged 7-12 years can now be transported in the back row without a special child seat. In this case, no fines are expected, but safety remains in question.

Fine for unbelted children under 12 years old

By law, children under seven years of age require special child seats appropriate for their age, height and weight. However, for children from 7 to 12 years old the rules are slightly different.

When riding in the front seat, the child requires a child car seat. If we are talking about the back seat, this is not necessary, but the child must certainly be fastened with a seat belt.

Failure to comply with these requirements under the Code of Administrative Offenses will result in a fine of 3,000 rubles.

Penalty for wearing a belt over the top

Fines for wearing a seat belt incorrectly cause a lot of debate among motorists. A striking example is a belt thrown only over the head of the driver or passenger at the same time as the lumbar strap is missing.

This situation is not described in detail in the traffic rules. But as for children, there is a note that the belt must be fastened taking into account the rules for using a child seat. Since the motorist's body is formally secured with a belt, and the fact that it is fastened is noted on the dashboard, there is no violation as such.

However, from a legal point of view, this is not the case. Most often, in such situations, the seat belt is considered unfastened, and the fines remain the same: 1000 rubles for the driver and 500 for the passenger.

Accident statistics in this case are also on the side of the traffic police. Drivers and passengers, when fastening their seat belts only over their heads, cannot receive sufficiently high-quality protection for their safety, life and health.

Often, during an accident, they fly out from under the belt and receive serious injuries.

Challenging a fine

It is possible to challenge a fine issued without reason in the following cases:

1. The design of the car does not require seat belts in the cabin.
2. The driver or passenger was not actually wearing a seat belt, but the car was parked.
3. Damage to the belts and the driver moving to the parking lot or service station.

The basis for challenging the fine in such cases will be clause 2.3.1 of the Traffic Regulations.

To challenge a fine, you need to know how to communicate with a traffic police representative:

• You must ask for photos and videos proving driving without a seat belt.
• In the absence of evidence from the inspector, the emphasis should be placed on the fact that the car is currently stationary, and you are not required to wear a seat belt at this time. We can say that you unfastened your seat belt in order to talk to the traffic police officer and show him your documents.
• Ask for a protocol and before signing it, state that you do not agree with the violations.
• To appeal the decision, you can contact a lawyer specializing in automobile law.
• If you yourself decide to appeal the decision, within 10 days it is recommended to contact a higher person or body, or the court at the place of consideration.

You can file a complaint within 10 days from the date of receipt or delivery of a copy of the decision.

If the case goes to court, the best way to prove your case is a recorder equipped with two cameras that records events both in the car and in front of it. The testimony of witnesses may be taken into account, but the court does not always pay attention to them. Thus, you are unlikely to be able to avoid a fine by involving your friends.

Payment with discount

Any of the fines described above can be paid with a 50% discount, that is, only half. To do this, you must make a fine payment within 20 days from the date of the decision (it is important not to confuse this date with the date when the decision comes into force).

Many resources, including the traffic police website and the State Services portal, where you can check fines, display them at a discount, so you can’t go wrong with the timing.

The seat belt is an important element of protection for both passengers and the driver. The fines for not having one are not that big, but the risks of getting hurt or even dying in an accident should give you pause.

Source: https://AutoLawyer.guru/shtraf/remen-bezopasnosti/

What is the fine for a driver and passenger not wearing a seat belt in 2021?

Administrative penalties for not wearing a seat belt in 2021:

• for the driver – 1 thousand rubles;
• for a passenger – 500 rubles.

In a situation where the requirements for travel of minors under 12 years of age in a car are not met, the fee increases to 3 thousand rubles. The fine for not fastening a seat belt, which the driver will have to pay, as well as the conditions for issuing it are stipulated in Art. 12.6 Code of Administrative Offences. Punishment for violating the rules for transporting children is specified in Art. 12.23 Code of Administrative Offences. Passengers are issued a protocol based on Article 12.29 of the Administrative Code.

​Fine for not wearing a seat belt in 2020

Reading time: 7 min.

What is the fine for not wearing a seat belt for the driver, passenger and children under 12 years of age in 2021? Fine for not having a child seat. Current fines in this article from the specialists of the website “Traffic Police Fines”.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation (for drivers).

Article 12.29.1 of the Code of Administrative Offenses of the Russian Federation (for passengers).

The seat belt is the main element of the vehicle's passive safety system. A modern, fastened seat belt reduces the risk of death and serious injury to the driver and passenger by 70%. In addition, the operation of airbags, programmable deformation zones of the car structure, and much more are combined with a fastened seat belt.

In 2021, there is a fine of 1,000 rubles (for the driver) and a fine of 500 rubles (for the passenger) for not fastening a seat belt. Belt tickets are subject to a fifty percent discount. The discount is valid in case of prompt payment of the order (no later than 20 days).

#fine #not fastened seat belt #driver #passenger

Sections:

Engineers, during the development of cars, fight for the safety of exclusively belted motorists. An accident in which the driver and passenger are not wearing a seat belt is considered a non-calculated event. The automaker is not responsible for the outcome of such accidents.

Law

2.1.2. Traffic rules of the Russian Federation General responsibilities of drivers

When driving a vehicle equipped with seat belts, be fastened and do not carry passengers who are not wearing seat belts. When driving a motorcycle, wear a fastened motorcycle helmet and do not carry passengers without a fastened motorcycle helmet.

Article 12.6. Code of Administrative Offenses of the Russian Federation. Violation of the rules for using seat belts or motorcycle helmets

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

The traffic police fine for not fastening seat belts of 1000 rubles pales in comparison with the consequences of an “unprotected” road accident.

By law, while a passenger car is moving, all people inside the vehicle, without exception, must wear seat belts. If there are children under 7 years of age among the passengers, they must be in fastened child seats (child restraints).

The fine for a driver not wearing a seat belt in 2020 is 1,000 rubles. This follows Article 12.6 of the Code of Administrative Offenses of the Russian Federation.

However, this fine can be paid with a 50% discount within 20 days from the date of the decision on the violation. In this case, the fine will be 500 rubles.

A violation is recorded when the driver of any vehicle permitted on public roads while driving does not wear a seat belt as shown in the operating instructions.

A driver can also be fined 1,000 rubles if one of the passengers in the vehicle he is driving is not wearing a seat belt. Ensuring that all persons in a moving vehicle use seat belts is the driver’s responsibility, written down in the law - Code of Administrative Offenses Article 12.6.

A fine for not wearing a seat belt correctly is controversial among motorists. A striking example is when the belt is thrown only over the head of the driver or passenger of the vehicle with the lumbar strap missing.

The traffic rules do not describe this situation in detail. Although, for example, in the case of child restraints there is a note - “in accordance with the operating instructions for child seats.” Moreover, since the motorist’s body is formally restrained by a belt and the fastened belt is marked on the dashboard, there is no violation.

Law enforcement, however, did not work out in favor of drivers in this situation. In the overwhelming majority of cases, in 2020, the driver will receive a fine of 1,000 rubles, and the passenger - 500 rubles. Such actions will be classified as not wearing a seat belt.

In this case, traffic accident statistics are on the side of the traffic police officers. Drivers and passengers partially fastened with seat belts over their heads do not receive high-quality protection for life and health in accidents. Motorists wearing a seat belt often fall out from under it and are seriously injured.

Pedestrians and vehicle passengers often forget about their own safety and responsibility for failure to comply with traffic rules. This is understandable, the social group being described is:

• Does not pass specialized exams
• Doesn't have any special credentials
• Does not control sources of increased danger,
• Rarely has contact with traffic police officers.

However, traffic rules and the Code of Administrative Offenses regulate the lives of passengers and pedestrians. So, for not wearing a seat belt, in the event of a check by a traffic police officer, it is the passenger who will be obliged to pay a fine of 500 rubles from his own pocket (12.29.1 of the Code of Administrative Offenses of the Russian Federation).

Fine for not fastening a seat belt for a passenger:

1. Can be issued in a taxi or intercity bus
2. You can be issued a ticket for driving without a seat belt in the back seat of a car.

It is important to know!

The myth that it is necessary to wear seat belts only in the front seats of a car came from the USSR. Outdated legislative norms concerning the production and operation of automotive equipment did not structurally provide for the presence of seat belts on the second and subsequent rows of vehicles.

You can still find old cars on the roads of the country that do not have seat belts in the back. Passengers of vintage cars are still legally allowed to ride in the rear seats without using seat belts.

According to the law and common sense, transportation of children under 7 years of age in cars must be carried out using special restraints (child seats) that correspond to the height and weight of the child.

From 7 years old to 12 years old, when in the front row of a car, the child must be in a child car seat, but from the age of 7 years old, a child can ride in the rear seat only wearing a seat belt. (The changes came into force on June 28, 2017).

The fine for failure to comply with the listed rules for transporting children in a car is 3,000 rubles under Article 12.23.3 of the Code of Administrative Offenses of the Russian Federation.

Transporting children under seven years of age in vehicles not equipped with special restraint devices (child car seats and boosters) is prohibited by law. The fine for the absence of a child seat when transporting small children in 2020 is 3,000 rubles (12.23.3 Code of Administrative Offenses of the Russian Federation).

In 2021, changes were made to the law regarding the transportation of children in cars. Now children aged 7 to 12 years are allowed to travel in the back row without a child seat. In this case, there will be no fine for not having a child seat, but the child’s safety will be at great risk.

The legislator allowed children over 7 years of age to be transported in the rear seats, with an eye on overweight and tall teenagers who, based on anthropometric characteristics, do not fit in child seats and whose body structure gravitates towards adults.

March 01, 2020

January 13, 2020

Source: https://shtrafy-gibdd.ru/articles/shtraf-za-nepristegnutiy-remen-bezopasnosti

Fine for not wearing a seat belt in the back seat

When a passenger does not wear a seat belt while sitting in the back seat of a car equipped with seat belts, he still violates traffic rules. If this fact is discovered by the traffic police inspector, you will need to pay 500 rubles. An administrative penalty is issued against the passenger in accordance with Article 12.29 of the Administrative Code. In some situations, the inspector is limited to a written or oral warning.

If a car has safety structures installed on all seats, the passenger will need to buckle up no matter where he sits. For violation of the rule, the person driving in 2021 bears the same responsibility as the passenger. The fine for the driver in this case will be 1000 rubles. Therefore, representatives of the traffic police are empowered to issue a fine both to the one who is driving (Article 12.6 of the Code of Administrative Offences) and to all other unbelted citizens in the car (with the exception of minors) (Article 12.29 of the Code of Administrative Offenses).

Citizen T basically does not fasten his seat belt

On the last row of an airplane, a happy newlywed couple is flying on their honeymoon. - Dear passengers. Our plane is entering a zone of turbulence. The crew commander asks you to fasten your seat belts, and also remove contact lenses, jewelry, dental, eye and loose cosmetic prostheses. Suddenly a man breaks out from the back row and runs between the seats with a wild scream: “Parachute.” Give me a parachute. kmatros

We have tightened security checks before departure. I'm leaving on a business trip (I work at the same airport). Search area. Everyone is asked to take off their shoes and belts. The security changes are familiar, but there is also a new face. I don't really want to take off my shoes. I turn to the new guy: “Isn’t it possible to go through like this? Do not take off your shoes. Like, everyone knows me here.” The answer was pleasing: “Everyone knows Bin Laden too. Take off your shoes."

Fine for not fastening a seat belt for a child under 12 years old

The rules for transporting minors under 12 years of age are established in the Traffic Regulations, clause 22.9. The document states that a child can be transported in a car:

• in the front seat only in a special car seat;
• In special cases, it is allowed to transport minors in the rear when using adapters that will help securely secure the child with regular belts installed in the car.

Children under 7 years of age are transported only in a special car seat, no matter where they are, next to the driver or behind him. This rule has been introduced since 2021. Previously, it was allowed to use special locking devices in the rear seats.

If a child from 7 to 12 years old rides in the front seat, then you need to install a child car seat. Any other safety devices, including boosters, are prohibited in this situation. In case of violation, a protocol is drawn up for payment of 3 thousand rubles (Article 12.23 of the Administrative Code).

In 2021, the driver is also responsible in the case when a minor is in a car seat, but is not secured with a seat belt. If an offense is established, he faces a penalty of 3 thousand rubles.

Since May 2021, the bill has been amended, according to which penalties are imposed not only on the driver, but also on the official or legal entity responsible for organizing group trips for minors. The fine is 25 thousand and 100 thousand rubles, respectively (Article 12.23 of the Administrative Code). If several preschoolers are transported in a vehicle, then a car seat is installed for each.

Fine amount in 2021

Fine for not fastening a seat belt for the driver. For driving without a seat belt or transporting unbelted passengers, you will be fined 1,000 rubles. This amount does not increase if passengers in addition to the driver are not wearing seat belts. But a decree can be issued several times a day at different posts if, after the first fine, the driver does not wear a seat belt.

The exception is when the car is not structurally provided with belts, as, for example, happens on vintage cars. If the car has belts, but they have been removed, the driver will be additionally fined 500 rubles for the malfunction.

Fine for not fastening a seat belt for a passenger. If a passenger does not wear a seat belt, he is violating traffic rules. The fine for this is 500 rubles or a written warning. Each unbelted passenger can be fined individually.

Fine for unbelted children. If you transport a child under 7 years old without a child seat, the driver will be fined 3,000 rubles. For legal entities, such as taxis, the penalty is stricter - 100,000 rubles. We wrote in detail about fines for driving without a child seat.

Let's look at all possible situations.

Fine for not wearing seat belts

Paragraph 2.1 of the traffic rules states that in 2021 the driver is required to wear a restraint device, just like his passengers. If the condition is not met, the traffic police inspector fills out a protocol on the administrative violation. However, it happens that the design of the car was not originally designed to contain these elements. This occurs on older models where the manufacturer did not install restraint devices for the rear and front seats. In this situation, a fine for not wearing a belt would be unlawful.

In the case where the device was independently dismantled by a motorist, when the car is stopped by an inspector in 2021, a penalty of 500 rubles may be imposed (Traffic Regulations clause 7.9, Code of Administrative Offenses Article 12.5 clause 1). The inoperability of the retaining elements or visible severe damage is also considered an administrative offense (Traffic Regulations clause 7.10). If at the same time the driver transports passengers who are not wearing seat belts, then he may be issued a report for this violation.

Buses and minibuses on intercity routes are required to be equipped with restraint devices. If the design is missing, then an administrative penalty will be issued to the driver. Its amount is 500 rubles (Traffic Regulations clause 7.9, Code of Administrative Offenses art. 12.5 clause 1). Sometimes the inspector is limited to only a warning. The officials responsible for releasing the bus onto the line, in the absence of a holding structure or its malfunction, are subject to an administrative penalty of 25,000 rubles (Administrative Code Art. 12.31).

Fine for not wearing a seat belt 2021

Some motorists, who are accustomed to driving without a seat belt, have a certain life hack “what they think.” It consists in the fact that before the traffic police post, they put a seat belt on top to avoid a fine. At the same time, when they put on the belt, they do not fix it.

Unfortunately, we will have to destroy this myth and inform you that this type of movement with a belt on is equivalent to a violation under Article 12.6, that is, driving without a seat belt. And accordingly, in 2021, this violation will also be subject to an administrative penalty in the form of a fine for a belt in the amount of 1,000 rubles.

Also, if the belt is draped over passengers in the same way while driving, then, unfortunately, the driver will also be required to pay a fine for the belt in 2021 in the amount of 1,000 rubles, and the passenger, in turn, will have to pay 500 rubles.

This principle is easily explained by the fact that, according to statistics, an unsecured belt does not carry any meaning and does not protect the driver in any way, so it is worth remembering that it is better to carefully fix the belt at the beginning of the movement and not unfasten it until the end of the route.

Who pays the fine for a passenger not wearing a seat belt?

The traffic rules, paragraph 2.1.2, state that in 2021 both the driver and passengers in a moving vehicle must wear seat belts. Violation of the rule entails administrative liability.

At the same time, clause 5.1 of the traffic rules obliges the passenger to use seat belts, if they are installed. Otherwise, the citizen may be fined or issued a warning.

Thus, in 2021, responsibility for the offense lies both with the passenger himself and with the one who is driving. The amounts of administrative penalties vary. A protocol is drawn up for the person driving the car, indicating 1 thousand rubles (Article 12.6 of the Administrative Code). For passengers, the punishment will be only half of this amount - 500 rubles (Article 12.29 of the Administrative Code). The penalty against the driver is issued once, regardless of how many unbelted people are in the car. In this case, protocols can be issued for each violating passenger.

In minibus taxis, the seats next to the driver are usually equipped with restraint devices. When driving on them, it is mandatory to wear a restraint device. If the rule is violated, a protocol on administrative penalties may be issued for both passengers and the person driving. The seats in the cabin are equipped with seat belts only on intercity routes. In such a situation, the passenger must also fasten his seat belt, as specified in paragraph 5.1 of the traffic rules.

Remember: responsibility for not fastening your seat belt

1. In the car, the driver and all passengers are fastened in the front and rear seats.
2. If you don’t wear your seat belt, you will be fined by the traffic police inspector, and in Moscow you may receive a fine from a camera.
3. The fine for the driver is 1000, for the passenger - 500 rubles.
4. For transporting a child under 7 years old without a seat, you will be fined 3,000 rubles.
5. You can appeal the fine if you were not the driver, the car has already been sold, you removed the belt after stopping, or the camera made a mistake.
6. To challenge the decision, send a complaint to the traffic police and attach evidence to it. If you receive a refusal, go to court.

All articles by the author: Ilya Novikov

When can you drive without wearing a seat belt?

Until 2010, the traffic rules (clause 2.1.2) provided for several situations when it was allowed not to wear a seat belt in a moving vehicle. These included:

• The driving instructor did not have to wear a seatbelt during the driving lesson.
• Officers of the operational services may not use seat belts, but identification marks must be placed on their car.
• Passengers sitting in the rear can ride without a belt if it is not originally provided in the model.

But by Government Decree No. 316 of May 10, 2010, amendments were made to the traffic rules and clause 2.1.2. The first two groups of people who were previously allowed not to wear seat belts were excluded from it. In 2021, you can not use a seat belt only if it is not provided for by the design of the car (clause 2.1 and clause 5.1 of the traffic rules).

The traffic rules stipulate that the restraint device is used both on urban roads and in rural areas. The intensity of the movement does not affect the obligation to use it.

Pregnant women should also wear a seatbelt in 2021. The legislation does not provide special conditions for the use of a restraint device for this category. It is recommended to fasten the seat belt in such a way that it cannot damage the fetus during sudden braking and pressure on the abdomen.

Seat belt rules

Normal operation of vehicles is possible subject to the conditions specified in paragraph 2.1.2 of the road rules. Cars must be equipped with working belts designed for the safe driving of the driver and passengers. Before driving, it is important to make sure that all people inside the car are wearing seat belts.

It is necessary to understand that if there are seat belts, the driver has no right to drive or transport passengers if they are not fastened. All people are advised to fasten their seat belts also when the vehicle is not moving. This is due to the fact that quite often traffic accidents occur with cars parked on the side of the road or in parking lots. In these cases, a seat belt will save lives and minimize the risk of injuries of varying degrees of complexity.

Passengers of vehicles are responsible for their own safety, therefore, when boarding, they must fasten their seat belts (Section 5.1 of the Traffic Regulations). First of all, this must be done because a person cannot know how the driver will behave (regardless of driving experience) in an emergency situation. You should be especially careful about taking safety measures when traveling in minibuses and regular buses.

Important : from the beginning of 2012, all vehicles must be equipped with seat belts. Their absence or breakdown makes it impossible to pass the technical inspection.

To transport children under 12 years of age, it is necessary to strictly observe the safety measures provided for by the rules. Transporting children in the front passenger seat requires the use of a special restraint device. In the rear seat, similar elements or other means can also be used to securely fasten the child. As a rule, these include child seats that can be secured with belts. They provide the necessary position of the child’s body and its reliable fixation. Please note that child seats must be suitable for the weight and height of the small passenger.

See also: Penalty for overloading a vehicle on axles

Procedure for imposing a fine

A traffic police officer issues a fine for not fastening a seat belt if drivers violate traffic rules. In 2021, the procedure for initiating an administrative penalty case is regulated by Art. 28.1 Code of Administrative Offences.

The procedure for receiving a ticket for not wearing a seat belt in 2021 is as follows:

• The inspector has the right to stop the car if he notices a violation.
• An offense under clause 2.1 and clause 5.1 of the traffic rules is recorded directly by an official who has the authority to do so.
• The inspector must explain to the offender the reason for stopping him and present documents.
• The traffic police officer draws up a protocol, on the basis of which a decision on an administrative offense is made.
• The document indicates all the circumstances of the case: information about the driver and vehicle, information about the violation, etc.
• The protocol is drawn up in two copies, one for the violator, the other remains for the inspector.
• In a special column, the driver must write whether he agrees or not with the data specified in the protocol.
• If the violator has no complaints about the preparation of the document, then he is given a copy of the resolution and a receipt for payment of the fine.

In cases where a driver is accused of not wearing a seat belt, evidence in the form of photographs or videos is not required. This violation in 2021 can be established based on a visual inspection by a vehicle inspector. But if there are photo and video materials, they can become additional evidence of the driver’s guilt.

What if the passenger was not wearing a seat belt?

A rather unusual situation arises if a passenger in one of the cars involved in the accident, who was not wearing a seat belt, was injured.

Should a driver even pay attention to his passengers' seatbelts?

Yes. Paragraph 2.1.2 of the traffic rules instructs the driver to ensure that the people in his car are wearing seat belts. That is, you do not have the right to begin transporting (read as “start moving”) passengers without wearing a seat belt.

Likewise, a fine for violating this clause will also be issued to the driver specifically for transporting passengers violating the Rules.

Who will pay for the damage?

But let’s return to our story, when an accident occurred with the participation of an unbelted passenger. We indicated above that the situation here is somewhat unexpected and not very good even for an innocent motorist.

The fact is that the passenger can demand compensation for damage jointly and severally from all owners of sources of increased danger - regardless of the presence of guilt. That is, even if you did not violate anything, and a car with an unbelted passenger drove into you and was injured, he may even demand payment of damages to your health from you.

This is what the same Article 1079 of the Civil Code of the Russian Federation indicates, but in Part 3:

3. Owners of sources of increased danger are jointly and severally liable for damage caused as a result of the interaction of these sources (collisions of vehicles, etc.) to third parties on the grounds provided for in paragraph 1 of this article.

That is, simply because you own a car, you become obligated to compensate for the harm caused to the health or life of the victim. Provided, of course, that this injured person was also not currently the owner of a source of increased danger.

This article does not specifically talk about the obligation to compensate for harm even in the absence of guilt. But the Supreme Court directly stated so (paragraph 23 of the above-mentioned PPVS).

Moreover, the driver who is not guilty of the accident must also compensate for moral damages upon presentation of an appropriate claim.

But the same provisions regarding gross negligence apply here. Since the passenger was not wearing a seat belt during the accident, this occurs here. And the court, taking into account the presence of a violation of traffic rules by the passenger (here a violation of paragraph 5.1), may reduce the amount for compensation. But he has no right to refuse completely.

Refusal to compensate a passenger if there is harm to health from a source of increased danger can only be in two cases:

• the intent of the injured passenger to cause injury to himself has been proven,
• the circumstances of causing harm to health arose due to force majeure.

And if there is OSAGO?

Also, as in the case of an unbelted driver, compulsory motor liability insurance, if there is a valid policy, compensates for damage to property, health and life of victims, with the exception of payment for moral damage. As we already wrote above, the passenger can apply for compensation, and then the drivers, including those who were not guilty of the accident, will have to pay for it.

What if a child was injured and was not in a child seat?

Nothing changes here - the child is the same passenger. Another thing is that a reduction in the amount of compensation for damage caused to him due to gross negligence cannot be applied, because the child himself, being a minor, is not obliged to fasten himself in a car seat - the driver must supervise this.

And it will be difficult to shift the blame onto the parent who, for example, was sitting next to the child, being the same passenger. Because here again we are talking about the driver’s responsibility to monitor the passengers’ belts.

What should a driver do if he is fined for not wearing a seat belt in 2021?

When a traffic police inspector stops a vehicle, you should first ask to present identification documents (Section 2.4 of the Traffic Regulations). If the driver agrees with the violation, then he waits for the protocol to be drawn up, after which he signs it, and subsequently pays the specified amount.

A driver who has not violated traffic rules can indicate in the protocol that he does not agree with the actions of the traffic police officer. Having a dual-camera DVR in your car will help the driver prove his innocence. If the inspector insists on a violation, and there is no documentary evidence to the contrary, then the motorist can file a complaint with higher authorities to challenge the fine for not wearing a seat belt.

Some drivers refer to Art. 1.5 of the Code of Administrative Offenses on the “presumption of innocence”. But in practice, it is the vehicle owners who prove in court that they did not violate traffic rules, and not vice versa.

Unfastened seat belt

then the answer is according to Evsyukov’s method. But in reverse order. It’s not for nothing that our Motherland taught her sons to be specialists. I still dream of magnificent mountains, my hands remember every cleavage of the friend that was always there then (not a woman) and I will never forget the smell of gun lubricant ps maybe the muzzle of my face is like that, but for some reason the nuts’ arrogance breaks down even without a video.

• Can you check, it seems to me that the tinting is in accordance with GOST.
• Can! Next comes an out-of-town truck with food. She is also stopped. The elder says to the younger:
• There is no time to measure, write him off for unreadable numbers and come to me! Fine 100 rubles. there is no room for bargaining here. But the truck is another matter. My nephew was deprived of his license for 4 months very easily. The gays drove up in a private car to the railway crossing and stood 10 meters from the line. They stand and smoke. The boy drove up and looked - the car was stopped, the traffic light was green, he honked. are standing. took it and drove around. The result of the story is overtaking at a railway crossing. They offered me 10 kilo rubles and a fine as a pedestrian. No money left. Well there is no way. Protocol. For the guy, this was the first protocol in his life. The traffic cops are very cultured, they showed me a place on paper where I wrote under dictation: “I do not agree with the protocol because it does not correspond to the data from the video recorder.” Video at trial. The hazard warning light was not flashing on the cop car, which means it was not stationary, but driving. 4 months - bam! And what? Found the truth? If you didn’t pay this time, you’ll pay next time, or you’ll be a pedestrian.

21 Nov 2021 svoiurist 280
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Is there a discount on the fine?

The amount of the fine for not wearing a seat belt can be reduced only by quickly fulfilling your obligations. If no more than 20 days have passed since the decision on an administrative violation was issued, then its amount is reduced by 2 times. In other words, in the first days after the violation was detected, only 50% can be paid (Article 1 of Law No. 437-FZ of December 22, 2014).

If the driver does not agree with the written protocol, he can appeal it within 10 days (Article 30.3 of the Code of Administrative Offenses of the Russian Federation). If the car owner does not do this, he will need to pay the fine in full within 2 months.

Appeal

You can appeal the actions of a traffic police officer in court in the following order:

• Draw up a statement of disagreement with the written protocol.
• Prepare evidence of your innocence (witness testimony, photos or videos, etc.).
• Take the application with attachments to the court or addressed to the head at the place of duty of the traffic police officer who issued the fine for not wearing a seat belt. Documents can be sent by registered mail through the post office.
• Wait for a response to the complaint. The traffic police must consider the application within 10 days (Article 30.5, paragraph 1 of the Administrative Code). The court examines the case materials after receiving them for 2 months (Article 30.5, paragraph 1.1 of the Administrative Code).

In order for the case to be resolved in favor of the plaintiff, the application must be correctly drawn up. In 2021, it should contain the following information:

• name of the judicial authority where the documents are submitted;
• information about the applicant (full name, address);
• detailed description of the situation;
• information about the vehicle that was stopped;
• references to laws that confirm the plaintiff’s case;
• indication of documentary evidence of the absence of an offense;
• date of preparation of the paper and personal signature.

The document must be drawn up in an official business style. It is not allowed to use colloquial words, obscene expressions, or curses. The application is submitted to the court office, where a mark indicating its acceptance is made. Next, a date and time will be set for a hearing, at which the plaintiff must attend in person. If this is not possible, a representative of the applicant who has a notarized power of attorney may appear at the meeting.

Applications to appeal a fine for not wearing a seat belt can be found here.

Fine for not wearing a seat belt in 2021

The traffic rules of the Russian Federation provide for three cases in which a fine may be issued for not wearing a seat belt.

In all cases, the payment of the fine lies with the driver, since paragraph 2.1.2 of the Russian Traffic Regulations states that the person driving the car must be fastened and carry passengers only with fastened seat belts. Unbelted passengers also pay a fine if a seat belt is provided by the design of the vehicle.

According to clause 7.9 of the Russian Traffic Regulations, it is prohibited to operate a car without seat belts, the design of which provides for them. The same rule applies to cars without head restraints, which are provided in the design of the vehicle’s interior.

Fine for not fastening a driver's seat belt

Article 12.6 of the Code of Administrative Offenses of the Russian Federation establishes a fine of 1,000 rubles as administrative liability for driving a car without a seat belt. The amount of the fine does not depend on the number of passengers in the car and the fact that they have a seat belt fastened. Punishment can be applied an unlimited number of times in one day.

https://www.youtube.com/watch?v=3u4YhzNR0QA

The Code of Administrative Offenses and the Traffic Regulations oblige drivers and passengers to wear seat belts throughout the entire trip. To ensure traffic safety, it is recommended to wear a seat belt also when stopping on sections of roads where there is heavy traffic.

Fine for passengers not wearing seat belts

According to Article 12.29 of the Code of Administrative Offenses of the Russian Federation, passengers in a car without a seat belt fastened also bear administrative responsibility for this violation.

The fine imposed on vehicle passengers for driving without a seat belt is 500 rubles. Also in this case, the driver is fined 1,000 rubles, regardless of how many passengers are not wearing seat belts.

By analogy with the punishment that drivers face for not wearing a seat belt, a passenger can be fined several times for the same violation committed on the same day.

Fines are imposed both on citizens sitting in the front passenger seat and on passengers sitting in the back.

If a citizen is a passenger in a fixed-route vehicle (for example, a bus or minibus), he is also required to wear a seat belt.

In some cases, at the discretion of the police officer, the passenger may be issued a written warning instead of a fine.

Fine for transporting children without a special seat

This offense is described in Article 12.23 of the Code of Administrative Offences.

According to this document, any child under 12 years of age must travel in a car while in a special child seat, and this rule applies to both driving in the front passenger seat and in the rear. In the latter case, it is permissible to use a special restraint device that ensures the protection of the child.

The fine for transporting a child without using a seat or restraint device is 3,000 rubles. The driver is required to pay the fine, since a minor does not bear administrative responsibility until he reaches the age of 16.

If a child is over 12 years old, then the use of special protective equipment to ensure his safety when traveling in a car is not necessary. However, he must be wearing a regular seat belt.

Can a driver be fined for wearing a seat belt incorrectly?

The traffic rules and the Code of Administrative Offenses do not specify a specific method of using a seat belt, which is mandatory for all drivers and passengers. Article 12.6 of the Code of Administrative Offenses, as well as paragraph 2.1.1 of the Russian Federation Traffic Regulations, only states the obligation of all persons in the car to wear seat belts.

Thus, the traffic police inspector does not have the right to issue a fine to a citizen for improper use of a belt. This provision is supported by Article 1.5 of the Code of Administrative Offenses of the Russian Federation, which states that any doubts about a citizen’s guilt must be interpreted in his favor.

How to challenge a fine?

Fines received for not wearing a seat belt can be appealed by filing a complaint against the actions of the police officer who issued the fine. The complaint must be submitted to the head of the regional traffic police. This document must contain the following information:

1. Full name of the person submitting the application, as well as his address and contact telephone number;
2. Time and place of imposition of the fine;
3. Actions of a police officer when drawing up a report;
4. Data that will allow you to prove the innocence of the plaintiff. An example of such information could be a video recording made using a camera, or a recording of a conversation between an inspector and a driver.
5. Date of application and signature of the citizen.

A seat belt helps preserve the health and life of the driver and passengers in the event of a traffic accident. Despite the insignificant cost of a fine for not fastening a seat belt, for the sake of your own safety it is not recommended to neglect the use of this simple device.

Source: https://www.driver-helper.ru/shtrafy-gibdd/t/vse-vidy-shtrafov-za-nepristegnutyj-remen-bezopasnosti-v-2018-godu

How to avoid a fine for not wearing a seat belt in 2021?

To draw up a protocol under Art. 12.6 of the Code of Administrative Offenses, the inspector only needs to visually detect a violation. A traffic police officer can issue a fine without video or photography. Therefore, even if the driver disagrees with the existence of an offense, the inspector has the right not to provide documentary evidence.

The main reason for canceling a fine is the incorrect filling out of the protocol by a traffic police officer, so you should carefully study the document. If it contains incorrect information about the driver or vehicle, the violator has the right to appeal against its preparation.

If you disagree with the fine issued for not wearing a seat belt in 2021, the motorist has the right to appeal to a higher authority within 10 days. The complaint can be sent to the traffic police department at the inspector’s place of duty, the court or the prosecutor’s office.

You can avoid a fine for not wearing a seat belt on the following grounds:

• The structure failed, and the driver went to a service station to have the problem fixed.
• The driver and passengers unfastened their seat belts after the vehicle stopped.
• Manufacturers initially did not provide for the installation of the device in this model.

If the seat belts were removed directly by the owner of the car, then a fine cannot be avoided.

The driver can provide the inspector with evidence that he is right. If the traffic police officer does not agree with this, he will still issue a resolution, against which the motorist can file a complaint with the court within 10 days.

What fine will you have to pay for not wearing a seat belt?

Guided by the legislative act on administrative offenses, we will consider in which cases drivers are fined for wearing a belt:

• - while driving, the driver did not use the restraint element - 1000 rubles ;
• -passengers ignored the use of protection - 1000 rubles and 500 rubles will have to be given to each unbelted passenger;
• - when transporting a child under twelve years of age, violations of mandatory requirements are recorded - 3,000 rubles are paid by the owner of the vehicle sitting behind the wheel.

Before challenging a fine for not wearing a seat belt, it is important to consider that the driver will have to answer for any violation that occurs in the vehicle. At the same time, administrative punishment can be avoided if you are aware of your rights and show care. In some cases, a traffic police inspector may attempt to fine the car owner for unfastening the protective device to provide documents. In such a situation, the main thing is to immediately react to the illegality of actions and prevent the drawing up of a protocol. We will understand all the nuances of appealing a decision and find out how to avoid punishment.

Nuances

• Both the driver and the passenger are responsible for failure to comply with traffic rules, so the traffic police officer can fine both of them for not wearing a seat belt.
• For driving without a seatbelt, the person driving the car is given a fine of 1,000 rubles, and the passenger is given a fine of 500 rubles or a warning. It does not matter where he was, in the front or back seat.
• A fine for a passenger is grounds for punishing the driver, regardless of whether he was wearing a seat belt or not.
• To determine an administrative violation, a resolution of an official entitled to do so is sufficient.
• You have 10 days to appeal a fine for not wearing a seat belt.

Judicial practice shows that the court is most often on the side of traffic inspectors. In order to challenge the fine, the driver will need to present compelling evidence of his innocence.

Failure to fasten a seat belt may also result in criminal liability in the event of an accident. Before starting the vehicle, the driver must ensure that everyone in the vehicle is using restraints. If he did not do this, then he violated the traffic rules, which will be taken into account when considering the case of an accident if there are victims. Any passenger who was injured during an accident can file a petition with the court to prosecute the driver. Depending on the circumstances, the person driving the car and causing the accident may be sentenced from 2 to 7 years in prison.

The driver is responsible not only for himself, but also for his passengers. A fine for not wearing a seat belt in 2021 is the minimum penalty. In the event of an accident, a restraint system can save lives and minimize injuries.

Fine for not fastening a seat belt on a front seat passenger

All occupants of the vehicle are personally responsible for not wearing a seat belt while the vehicle is moving. If the rule is violated, the passenger will be subject to a fine of 500 rubles.

Note!

If public transport is equipped with seat belts, then the passenger is also required to fasten; this norm is regulated by the traffic rules for safe transportation.

If a passenger is found not wearing a seat belt, the number of fines is doubled. The driver can be punished with a sanction of 1 thousand rubles. for an unbelted passenger. Why does this happen, since the car owner himself did not violate anything and buckled up? In this case, the driver violates the rule of transporting passengers with seat belts, since it is his responsibility to check the use of the belt by all persons in the vehicle, and it will not matter that someone refused to comply with this requirement. Also, the fellow traveler will have to pay a sanction of 500 rubles.

This violation is also recorded visually by the inspector, but in this case there are difficulties for inspection, since this circumstance can only be detected through the car window; it may happen that the windows are tinted and then you will have to ask the driver to open the doors to check all the citizens in the car . An official can open the door of a vehicle independently only as part of an inspection, if there is an inspection protocol, or invite two witnesses.

Note!

If there are several unbelted passengers, then each of them will have to pay 500 rubles, and the driver will be fined 1 thousand rubles, for at least one or three passengers without a seat belt. Since punishment is provided for the very fact of identifying the transportation of people without seat belts, and not for each passenger.