Civilian firearms of limited destruction. Firearms of limited destruction
A seat belt is a simple device that saves lives in 70% of accidents. You shouldn’t neglect your seat belt, even if it’s not very comfortable to drive with it fastened. In addition to the fact that driving without a seat belt is dangerous, it is prohibited by traffic regulations. By not wearing a seat belt and allowing your companions not to wear a seat belt, you become a criminal. For such an offense you will have to pay 1000 rubles. The fine for not wearing a seatbelt remained unchanged in 2018, but can still be a drain on your wallet.
The rules stipulate the driver’s obligation to fasten his seat belt while driving and to ensure that those traveling with him do not ignore their seat belts (clause 2.1.2 of the Russian Traffic Regulations). In a stationary car this is not necessary. However, when the vehicle is moving, all occupants must wear seat belts.
If you are driving in a car that is not equipped with seat belts, then there is no obligation to wear it. That is, if your car is old enough and it did not have seat belts installed, then you will not be fined for not wearing a seat belt. In this case, you may face a fine for non-compliance technical condition vehicle to the prescribed standards.
Fine for not wearing a seat belt
Responsibility for not wearing a seat belt is determined by Art. 12.6 and 12.23 of the Code of Administrative Offenses of the Russian Federation. This administrative offense is punishable by a fine. Moreover, both the driver and passengers bear responsibility if they did not use seat belts in a moving car. How much the fine depends on who it is issued to. The driver will have to pay a fine twice that of the passenger.
A fine is imposed in the following cases:
- To the driver - if he himself ignored the rules traffic, indicating the need for a belt, and transported people violating these rules;
- Passengers - if they were traveling with their seat belts unfastened.
Driver fined for not wearing a seat belt
If the driver ignores the obligation to wear a seat belt, he will be fined 1,000 rubles (Article 12.6 of the Code of Administrative Offenses of the Russian Federation). He will have to pay the same amount if it is discovered that he carried passengers who violated this rule.
The amount of the fine will not depend on whether the person behind the wheel was unfastened, or only his passengers, or whether they all did not use seat belts as intended. If one of these facts is discovered, the driver will have to pay 1000 rubles.
Important. The fine may be issued several times. Every time you are stopped by traffic police officers and recorded this violation, you will be held accountable. Regardless of the fact that today you have already been fined in this regard.
Passenger fine
Passengers are also personally responsible for not wearing a seat belt while the vehicle is moving. According to the Code of Administrative Offenses, passengers may be fined. The fine for passengers is 500 rubles. Liability is determined for each unbelted passenger individually. A monetary penalty may be replaced by a written warning.
Passengers are often faced with the question of whether to buckle up or not on public transport. The Russian Traffic Regulations provide clear instructions in this regard. If the vehicle you are riding in is equipped with seat belts, everyone must be fastened.
Do I need to wear a seat belt in the back seat?
For some reason, many people believe that it is necessary to buckle up only when in the front seat. This is absolutely wrong. It doesn’t matter if you sit in the front or the back - the rule is common for everyone. The penalty for not wearing a seat belt for a rear passenger is the same as for the person sitting in front. For this violation, passengers will be punished in the amount of 500 rubles. The driver will also pay 1,000 rubles regardless of where the passenger was sitting.
Fine for unbelted children
For a child who was not wearing a seat belt, the driver pays a fine, since administrative penalties can only be applied to persons over 16 years of age. Fines for transporting children without following the rules are much higher, and regular seat belts alone will not be enough for transporting small children (up to 7 years old).
This offense provides for separate liability (clause 12.23 of the Code of Administrative Offenses of the Russian Federation).
For incorrect transportation of children, the fine will be 3,000 rubles for individuals. Since 2016, responsibility has been established for officials and legal entities. The fines for them will be 25,000 and 100,000 rubles, respectively.
How to properly buckle children
According to the latest changes to the rules for transporting children, which came into force on July 12, 2017, children under 7 years of age are required to be in special restraints. When traveling in the back seat, children over 7 years of age must be placed either in restraints or fastened with a regular seat belt. Previously, only those over 12 years old could wear a seat belt. If children 7-11 years old ride in the front, a child seat is required for them. Restraining devices must be certified. These include child car seats, boosters and harnesses.
How to challenge a fine
A traffic police officer can issue you a fine. If he stops you and finds that you or your passengers are not wearing seat belts, he draws up a report and issues you a fine.
It happens that drivers do not agree with the inspector’s decision and want to understand how to challenge the fine. You have the right to file a complaint in writing to the head of the department of the officer who stopped you. In this complaint you must describe all the circumstances. However, without serious evidence of innocence, your application will have no weight. The only proof of your words will be the recording of a DVR equipped with two cameras. One camera should be aimed at the interior of the car, the other should film the road.
Important. The traffic police inspector is not required to have a video recording of your offense. His lack of video recording will not be a sufficient argument to challenge the fine.
Another opportunity to appeal the inspector’s decision is to prove his bias towards you. If an inspector shouted at you, insulted you or threatened you, and you filmed it on camera, you have every chance of being cleared of responsibility.
Drivers often try to appeal the fine, citing the fact that the seat belt was unfastened after the car had stopped. However, it is impossible to prove this fact if you do not have a DVR. Therefore, do not unfasten your seat belt even in a stationary car if you are stopped by a traffic police inspector.
Who does not face a fine even if their seat belt is not fastened?
These include:
- auto instructors, during driving lessons;
- disabled people;
- drivers and passengers of company cars with special identification marks(Ministry of Emergency Situations, Fire Department, ambulance).
What other liability can they be held liable for?
In addition to administrative liability, the driver may be subject to civil and criminal liability. This can happen if, due to the fault of the driver, an accident occurs that entails severe consequences for the health of passengers. The punishment is determined in this case by the court. The fact that the passengers were not restrained by seat belts may become an aggravating circumstance when sentencing.
In case of causing serious harm, penalties are provided in the form of 2 years of imprisonment, 3 years of restriction of freedom and forced labor for up to 2 years. In case of death, passengers may face imprisonment for a maximum of 7 years.
In the video, a traffic police officer explains what fine you can get for not wearing a seat belt.
Every point in the traffic rules is there for a reason, it is confirmed by thousands of accidents, the outcomes of which are disastrous. By ignoring your responsibility to wear a seat belt in a moving vehicle, you are putting yourself at risk. own life and those who travel next to you. Pay special attention to the rules for transporting children.
In addition to the risk to your life, if you break the rules, you become an offender and will have to bear a monetary penalty. Moreover, both the driver and the passenger will have to pay the fine. Answer to the question: “How to avoid a fine for not wearing a seat belt?” elementary. You just need to train yourself to buckle up and not agree to drive someone who doesn’t want to buckle up. Remind your passengers that they must buckle up regardless of whether they are sitting in the front or in the back.
Important.
According to statistics, using seat belts in a car in the event of an accident reduces the risk of death for those sitting in the front seat by 40-50%, and for people sitting in the back by 25%. The research also dispels the popular myth that in an accident, a more “favorable” outcome is to fly through the windshield than to remain seated in a mangled car. The survival rate in case of involuntary ejection from the passenger compartment is ten times lower than when using belts.
What is the fine for not wearing a driver's seat belt?
But let's get back to fines. The traffic rules in paragraphs 2.1.2, 5.1 clearly stipulate that the driver and passengers of the vehicle must fasten their seat belts on all seats equipped with seat belts.
The Code of Administrative Offenses in Article 12.6 establishes the amount of the fine imposed on the driver if he is not wearing a seat belt while driving the car.
As of 2018 The fine for wearing a seat belt is 1000 rubles.
Fine for not fastening a passenger's seat belt
According to the same article 12.6 of the Code of Administrative Offenses, The fine for not fastening a passenger's seat belt is 1,000 rubles. This fine is issued to the driver. In addition, each passenger individually may be assigned a fine for driving without a seat belt in his name in the amount of up to 500 rubles. However, personal fines for passengers remain at the discretion of the inspector and can be replaced with a warning.
Attention.
All passengers sitting in seats equipped with seat belts must wear a seat belt. First of all, this applies to rear seat passengers. The driver often forgets to check, and passengers neglect this rule, which is successfully used by traffic police officers.
Rules for transporting children
Clause 22.9 of the Traffic Rules allows the transportation of children under 12 years old V Vehicle ah only using child restraints.
Parents should ensure that their car is equipped with a special device that allows them to safely transport children of this age group.
These include:
- Special child seat;
- Children's adapters for standard adult belts;
- Special children's belts.
As a rule, children's car seats are used, which can be purchased at any large auto accessory store. In 2013, the Code was added, which, in case of ignoring the rules for transporting children, provides for a fine of 3000 rubles. According to the law, persons under 16 years of age are not subject to administrative penalties, so the fine is issued to the parents of young offenders.
Fine for not wearing seat belts
The absence of seat belts on any of the car seats in most cases does not exempt you from liability. If there are no belts or they are faulty due to the driver’s fault (for example, the belts were removed by the owner of the car), the law provides for a fine of 500 rubles. However, the driver is not subject to punishment if belts are missing because the manufacturer did not provide such equipment.
How to appeal a traffic police fine or avoid it
If you have already been issued a fine and have a report on administrative offense, but you don’t agree with him, it makes sense to write a complaint addressed to the head of the traffic police department in your region. Besides this, everything controversial issues are resolved in court, which often sides with motorists.
But it’s easier and more effective to avoid a fine on the spot. Ask the inspector for photos and videos with evidence of the offense. Often, when the driver shows a clear knowledge of his rights, points of the Traffic Rules and the Administrative Code, the traffic police officer is limited to a verbal warning.
Who doesn't pay for not wearing a seat belt?
Three groups of people can legally ignore seat belts:
- instructors who are in the training vehicle during driving lessons;
- people with disabilities;
- persons in operational vehicles special services, if there are identification marks on the car.
Useful video
Here you can find out how to appeal a traffic fine:
Conclusion
Whether or not to use a seat belt is a personal decision. The law, of course, obliges, but decides special person in a specific car. But even if you don’t mind the money and you are ready to pay a fine, think about whether, because of not fastening your seat belt, your name will add to the sad statistics of those killed and maimed in road wars?
Paragraph 2.1.2 of the traffic rules clearly stipulates 2 points that the driver of a car equipped with seat belts must monitor when driving:
- the driver himself must be wearing 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 you cannot carry unrestrained passengers.
You only need to wear seat belts while the car is moving, but it is recommended to fasten your seat belts immediately when getting into the car, even if you are not going anywhere. This is due to the fact that quite often road traffic accidents occur with standing cars, That's why similar troubles It is impossible to exclude them 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 obliged to ensure that he is wearing a seat belt. When in someone else's vehicle, be sure to wear a seat belt. You can never be sure that the driver of a vehicle will not suddenly decide to violate traffic rules, for example, significantly exceed the speed limit or drive into the oncoming lane.
This is especially true for drivers public transport: city taxis and intercity buses. Often in such vehicles the belts are partially or completely removed, and, unfortunately, most often the passenger is not given a choice 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 a seat belt can at least protect you from moving around the cabin during sudden maneuvers for which public transport drivers are famous.
Child seat belt
For the transportation of children under 12 years of age, the following rules are currently provided:
- when transported in the front seat, a special child restraint must be used;
- When transporting in the rear seat, either a special child restraint device or another means of securing the child must be used.
In this case, the child restraint system must correspond to the height and weight of the child. If the car is not equipped with seat belts, then it is not necessary to use a child restraint.
Please note that from 1 January 2012 all vehicles must be equipped with seat belts. Without them, you will not be able to pass a technical inspection of the car and obtain a compulsory motor liability insurance policy.
Fine for not wearing a seat belt
Let's look at the fines that can be imposed on the driver and passengers for not wearing seat belts.
1. Fine for the driver
The fine for wearing a seat belt for a driver is currently 500 rubles. Please note that the fine does not depend on how many people in the car are not wearing seat belts. Even if all 40 passengers on an intercity bus ignored the use of seat belts, the fine will still be the same 500 rubles.
However, this fine can be imposed at each traffic police post, i.e. A single unrestrained passenger can result in several fines.
2. Fine for not fastening a seat belt for a passenger
The maximum fine for a passenger for not fastening a seat belt (Article 12.29 of the Administrative Code) is currently 200 rubles. I note that instead of a fine, the passenger may be subject to a warning, which is issued in writing.
3. Fine for not having a child seat
The fine for not having a child seat or child restraint system is currently 500 rubles. It is imposed on the driver of the car.
Please note that a fine cannot be imposed on a child who was traveling without a child seat, because children under 12 years of age are transported in special seats, and administrative fines imposed only from 16 years of age.
For example, an inspector comes up to you and reports that you are not wearing a seat belt (or were talking on cell phone). Ask the inspector to present his official ID, clause 2.4 of the traffic rules (record his details)
Possible answers:
“You must wear a seat belt when driving, but my car is stationary. I just unfastened my 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 wear seat belts.”
Ask if there are any witnesses or video recording of the “violation”?
If there is no photo, and the inspector insists on his opinion, demand that a report be drawn up.
When you are given a protocol to sign, you should make the following entry in it: “I do not agree with the violation. My guilt has not been proven in any way (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 who is not wearing a seat belt will pay out of his own pocket, even if he is not at fault for the accident.
According to the Code of Administrative Offenses, 2 fines are issued for an unbelted passenger: and for the driver, Art. 12.6 (500 rubles), and per passenger Art. 12.29 (200 rubles).
A seat belt is a special device that helps hold a passenger or vehicle owner in place during a collision or sudden braking. It is also a protection that in some cases can save a person’s life. However, not everyone is in a hurry to use this device, putting their lives in danger and thereby violating traffic rules. This article will tell you what fine the driver and passengers of the vehicle will have to pay for not wearing a seat belt.
The traffic rules state that the driver of a car equipped with seat belts is obliged to:
- use the belt yourself for its intended purpose, i.e. wear it while driving;
- ensure that all passengers use this safety device while the vehicle is moving.
Many motorists and passengers believe that you only need to wear a seat belt if you are in the front seat of a vehicle, but this is not true. Passengers in the rear seat of the vehicle must also use this device for its intended purpose.
If a motorist’s vehicle is equipped with seat belts, then all people present in the car must use them for their intended purpose, i.e. Wear your seat belt the entire time you drive.If the driver or passenger does not have a seat belt fastened, the motorist will be punished for this, since this will be a traffic violation. Also, if the driver has a seat belt fastened, but the passenger does not, the driver will also be required to pay a fine.
The fine for wearing a belt is issued by a traffic police officer (traffic inspector, as he is also called). In addition, a receipt for this offense may be sent to the culprit by mail if it was recorded by radar or a surveillance camera.
The fine for a motorist for not fastening a seat belt is 1,000 rubles. He will be required to pay the same amount if there is at least 1 passenger in the cabin who is not wearing a seat belt.
In this case we're talking about only for adult passengers. What fine will a motorist be required to pay for a child without similar means protection, this will be discussed below. So, it doesn’t matter how many people in the cabin are unfastened. The fine will not increase. However, punishment for this offense can be issued at each traffic police post where the vehicle is stopped. The number of such penalties is not limited and the penalty will be imposed until the violation is corrected.
Fine for not fastening a passenger's seat belt
The traffic rules also state that the passenger is required to wear a seat belt while the vehicle is moving. This device must be used in any vehicle equipped with them. If a passenger is not wearing a seat belt, it is an offense and they may be subject to penalties. The fine for him will be 500 rubles. In this case, a penalty is imposed on each passenger who has committed this offense. However, for the first time, the traffic police officer may not fine the offender, but simply issue the passenger a warning.
Child's seat belt not fastened
According to traffic regulations, children under 12 years of age can ride in the front seat of a car, but only in a special child seat equipped with seat belts. In this case, the child must be fastened with them. In the back seat of a car, children under 12 years of age must be fastened using a special device or the seat belts of a child car seat. Until recently, the absence of a car seat or a special device on a seat belt was equivalent to a passenger not wearing a seat belt.
Neither the parents nor the child himself are punished unless one of the parents is driving. The driver will pay the fine.
No seat belts
Traffic police fines apply not only for an unfastened seat belt, but also for the absence of one, if the vehicle was originally equipped with this device. According to clause 7.9 of the traffic rules, you cannot use a vehicle if it does not have seat belts or seat head restraints. Therefore, the car enthusiast does not have the right to remove these devices from his car. If he does this, it will be considered an offense. In this case, he will have to pay a fine of 500 rubles and eliminate the malfunction. Since it is impossible to drive without seat belts, motorists will be required to install them on their vehicle. He will be subject to collection until he does this.
Is it possible not to wear seat belts?
Driving without wearing seat belts without a penalty is possible for:
- an inspector who teaches driving while performing his job;
- motorists with disabilities;
- drivers and passengers of special vehicles on which the corresponding badge is attached.
A seat belt is not a simple device on a car that prevents you from sitting comfortably in the seat. This is, first of all, a certain guarantee of safety while driving. That is why vehicle drivers are required to buckle up themselves and ensure that all passengers in the vehicle are buckled up.
The information on the site is current in 2018; to find out the latest information for 2019, fill out the form below ⇓⇓⇓.