Fine for not wearing a seat belt. Is the traffic police inspector right? Fine for not fastening a seat belt


A fine for violations is always an unpleasant surprise and no one wants to pay it. At the same time, many fines can be avoided if you are more careful and know exactly your rights as a car owner. One of the most controversial fines is failure to wear a seat belt. Now for violation of Article 12.6 of the Code of Administrative Offences, a fine of 1000 rubles is provided. Agree, it’s unpleasant to part with such a sum just like that. In some cases, the traffic police inspector tries to issue a fine for not fastening your seat belt when you unfasten it after stopping to get documents, for example. IN in this case The main thing is not to get confused and disagree with the protocol.


The inspector does not have a record of you driving with your seat belt unfastened, and if there is, it was on you at the time of driving. The fine only needs to be paid if you are driving a vehicle and not sitting in a stationary car. In exactly the same way, you can challenge your fine if you were driving without a belt. You should be careful, as you could get caught on the DVR of a patrol car and then still have to answer for the violation. If your car is stopped outside a stationary checkpoint, unless a special order for continuous checks has been introduced, the traffic police officer must state the reason for the stop; if the reason is a violation of Article 12.6 (Driving a vehicle without a seat belt fastened), then ask for a video or photo showing a violation has been recorded. Disagree with the protocol and there is a high probability that such an offense will be overturned in court. If they want to issue a fine not for you, but for an unbelted passenger, then you need to know the following. Firstly, the fine for transporting an unbelted passenger is not 1000, but 500 rubles. Secondly, also require evidence from the inspector in the form of photos or videos. This article of the Code of Administrative Offenses previously regulated the transportation of children. A car in which children under 12 years of age are transported must be equipped with a special restraint device. The fine for this violation is 3,000 rubles. This is approximately the average cost of a child seat. It is impossible to circumvent this violation, since if there is no chair, then you will not be able to prove your innocence. In this case, it is better to buy a seat at a car dealer once, and you should not skimp too much on the child’s safety. Buy proven and reliable child seats that have the appropriate certificates. Remember that in in case of an accident Even with minimal damage to the car, the risk of injuring a child is very high. There is no point in risking the lives of children. In conclusion, I would like to say that violating traffic rules can lead to very unpleasant consequences And we are not talking about fines at all. In situations where you are involved in an accident, a seat belt can save your life. And knowledge of your rights and the ability to challenge an offense should be used in cases where you are clearly not guilty.

Recently I was told a case of how traffic cops wanted to seduce a driver by his belt and offered an alternative way out. Let's clear up all the confusion surrounding penalties for not wearing a seat belt.

Clause 2.1.2 of the Russian Traffic Regulations states that when driving a vehicle equipped with seat belts, the driver must be fastened and not carry passengers who are not wearing seat belts.

Responsibility for not fastening a seat belt comes under Article 12.6 of the Code of Administrative Offenses of the Russian Federation. This article provides for a penalty of 1,000 rubles exclusively for the driver.

Based on the analysis of the article, we conclude that a driver will be attracted if:

  • drove a vehicle without wearing a seat belt;
  • carried passengers not wearing seat belts;
  • drove a motorcycle or moped or carried passengers on a motorcycle without motorcycle helmets or wearing unfastened motorcycle helmets.

So, if the driver was driving unbelted, he will be issued a fine of 1,000 rubles. If the driver and passenger were not wearing seat belts, then the driver will be fined the same 1,000 rubles. There is no 1000 for yourself and 1000 for the passenger. If the passengers in the back seat were not wearing a seat belt, then the driver will be fined the same 1,000 rubles.

If the traffic police officer deems it necessary, he can also hold the passenger accountable for not fastening his seat belt, but under Article 12.29 of the Code of Administrative Offenses, which means a warning or a fine of 500 rubles.

A driver can be fined for wearing a seat belt only if the inspector saw that he was driving unfastened, since liability under Article 12.6 applies to driving a vehicle, and if the car was stationary, then no one is required to be fastened in it.

P.S. And now, I’ll tell you how the driver was scammed out of ignorance. The traffic police inspector sees that the driver and passenger are driving unbelted and stops the car. Further, the traffic policeman says that for not fastening a seat belt there will be a fine of 1000 rubles and plus 1000 for the passenger, and plus another 500 rubles for the passenger. Total 2500 rubles. I won’t say how we separated.

In fact, it should have been like this: a 1000 ruble fine to the driver for not buckling himself and for not buckling up a passenger. And the passenger himself could get off with a warning. Total 1000 rubles, instead of the fictitious 2500.

It's no secret that drivers and passengers neglect their seat belts. This behavior can lead to serious consequences. Therefore, be sure to fasten your seat belt yourself and check the passengers.

Current fines for not wearing a seat belt. Advice from a lawyer: how to appeal, is it possible to avoid a fine?

Have you ever wondered why Russian Federation, as well as in other countries, is the use of seat belts mandatory for both drivers and passengers of a vehicle?

Unfortunately, many of us underestimate the importance of seat belts and do not use them. But a short movement of your hand and one click can save your life! Seat belts, when used correctly, greatly reduce the risk of severe injury and death in an accident.

○ Rules for using seat belts.

Rules traffic, adopted by Government Decree No. 1090 of the Russian Federation in 1993, states that a seat belt when driving a car must be worn by the driver and passengers, if the car was equipped with one.

Please note that the seat belt will only provide you with maximum protection if it is adjusted correctly. So, taking these next few steps will not only save you money, but also reduce your risk of injury in an accident.

First of all, make sure that the seat belt is in working condition and there are no severe abrasions, tears or other damage.

Throw it over your shoulder, the strap should be located diagonally, crossing the chest. Then secure the belt buckle bracket into the buckle. Check the secure fit. Then adjust the height of the belt, tightening it so that it is pressed tightly against the body, since loosening the belt during an accident can lead to various injuries.

Make sure that the belt is not twisted. You must fasten your seat belt before driving the vehicle.

The number of passengers should not exceed the number of seat belts in the car. The seat belt is designed to secure only one person; it is illegal and unsafe for children to be seated on their parents' laps.

Transportation of children, in accordance with clause 22.9 of the Traffic Regulations of the Russian Federation, up to the age of twelve is carried out in special child seats that correspond to the age and weight of the passenger. In this case, the car seat performs similar functions to the seat belt. Children over 150 cm can use a seat belt just like adults.

○ Fines for driving without wearing a seat belt.

Remember that, according to the letter of the law, violators for not fastening a seat belt can be held accountable under the Code of Administrative Offenses of the Russian Federation and paid fixed fines.

Thus, according to paragraph 2.1.2 of the Traffic Regulations of the Russian Federation, as well as Article 5.1 of the Traffic Regulations of the Russian Federation, the driver, when driving, is obliged to wear a seat belt, and also ensure that the people sitting in his car are similarly fastened.

✔ The driver does not have a seat belt.

From the norm of the law, namely Art. 12.6 of the Code of Administrative Offenses of the Russian Federation it follows that a driver who, while driving a motor vehicle, was not secured with a seat belt, and there were also passengers in the car who were not wearing seat belts, may be subject to administrative penalty in the amount of 1000 rubles. Moreover, the design of these vehicles requires the presence of seat belts.

✔ The passenger does not have a seat belt.

Thus, from the above norm it is clear that if a passenger does not have a seat belt, responsibility rests with the driver, who, if a violation is detected, will be fined 1,000 rubles. The amount of the fine is fixed and does not affect the number of people not wearing a seat belt.

In addition, do not forget that every unbelted person in a car can be brought to administrative liability under Art. 12.29 of the Code of Administrative Offenses of the Russian Federation and fined 500 rubles or get by with a warning.

✔ If the child is not fastened.

In most cases, you can keep your child safe in a vehicle using a special restraint. Clause 22.9 of the Russian Federation Traffic Regulations states that children under twelve years of age must be transported in special car seats that must match the weight and height of the small passenger.

Not so long ago, the penalty for transporting a child without a car seat was only 500 rubles. Due to the increase in road accidents involving children, it increased significantly in 2013. Now, on the basis of the above norm, as well as clause 3 of Article 12.23 of the Code of Administrative Offenses of the Russian Federation, the violator may be issued a fine of no less than 3,000 rubles. If there is no car seat in the car, responsibility falls entirely on the driver.

Paragraph. 3 Article 12.23 Code of Administrative Offenses of the Russian Federation:

  • “Violation of the requirements for the transportation of children established by the Traffic Rules entails the imposition of an administrative fine on the driver in the amount of three thousand rubles, on officials - twenty-five thousand rubles, on legal entities- one hundred thousand rubles.”

○ How to appeal or avoid a fine? Communication with the inspector.

If it so happens that you are stopped by a traffic police inspector, first of all, remain calm and do not get into an altercation with him. Ask the inspector what caused the stop, and then ask to show you his documents.

According to Article 28.1 of the Code of Administrative Offenses of the Russian Federation, in order to draw up a protocol against you under Art. 12.6 of the Code of Administrative Offenses of the Russian Federation, the traffic police inspector of the traffic police only needs to visually detect an administrative offense.

  • “The reasons for initiating a case of an administrative offense are:
    1) direct detection by officials authorized to draw up protocols on administrative offenses, sufficient data indicating the presence of an administrative offense event.”

Punishment for this type violations of Art. 12.6 of the Code of Administrative Offenses of the Russian Federation, as noted above, is a fine of 1000 rubles. If you categorically disagree with the charge and this sanction, then you can try to appeal the fine for not wearing a seat belt in court within ten days from the moment the traffic police inspector draws up documents on the offense. The procedure for filing a complaint is regulated by Art. 30.2 Code of Administrative Offenses of the Russian Federation.

Do not rely on Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, which states that you are subject to the presumption of innocence. Meaning that you are presumed innocent until proven otherwise. Usually, practice shows the opposite, since it is you, and not the traffic police inspector, who will have to prove your innocence in court.

Before you contact a lawyer or file a complaint yourself, think about what evidence you can use to refute the protocol and ruling, and how you will prove to the judge that the seat belt was fastened.

From the above it follows that, according to Art. 28.1 of the Code of Administrative Offenses of the Russian Federation, as evidence of your guilt, the inspector finds that your seat belts are not fastened while driving. And in order Art. 28.2 Code of Administrative Offenses of the Russian Federation and Art. On October 29, a protocol and a corresponding resolution are issued

Many drivers require the inspector to provide a video recording of the offense, but unfortunately, its presence is not necessary to prove guilt, as follows from Art. 26. 2 Code of Administrative Offenses of the Russian Federation.

✔ So do you have a real chance of avoiding a fine?

As practice shows, the court can rule on the return of materials in accordance with Art. 29.4 of the Code of Administrative Offenses of the Russian Federation, if the protocol was drawn up incorrectly, with shortcomings, or by a person who did not have the right to draw it up.

Therefore, be sure to read the protocol from beginning to end and check that all documents are drawn up correctly. Refer to art. 28. 2 Code of Administrative Offenses of the Russian Federation. The content of the protocol sets out the data specified in this provision of law. Thus, it must be indicated where and when the protocol was drawn up, the name and initials of the inspector who compiled the protocol, information about the person in respect of whom the protocol is drawn up.

The place and time are indicated, and the event of the offense is described. The traffic police inspector should explain to you your rights and responsibilities. In the protocol, you can indicate that you do not agree with the accusation.

In addition, I would like to recommend installing a DVR with two cameras in the future. This way you will have the opportunity to record events happening inside the car and on the road. A video recording that shows that at the moment when a traffic police officer slows you down, you are wearing a seat belt according to all the rules, can be excellent evidence of your innocence in court.

​Fine for not wearing a seat belt in 2018

What is the fine for not wearing a seat belt?

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

The traffic police fine for not wearing a seat belt in 2018 is:

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

500 rub. (50% discount 250 rub.)

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

Safety belt - main element car passive safety systems. A modern 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 2018, there is a fine for not wearing a seat belt - 1000 rubles for the driver and a fine - 500 rubles for the passenger. 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).

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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.

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.

By law, while driving passenger car, seat belts must be worn by all people inside the vehicle without exception. If there are children under 7 years old among the passengers, they must mandatory be in fastened child seats (child restraints).

Table of fines for not wearing a seat belt - consider all possible cases

Who is obliged to pay

The driver is not wearing a seat belt while the vehicle is moving.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation.

The passenger is not wearing a seat belt while the vehicle is moving.

Driver and passenger

The driver is wearing a seat belt while the vehicle is moving.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation.

The driver is not wearing a seat belt while the vehicle is stopped.

The passenger is not wearing a seat belt when the vehicle is stopped.

A child under 7 years old travels in a car without a child seat

A child under 7 years of age travels in a car equipped with a child seat, but not in it.

A child under 7 years of age travels in a car in a child seat, but is not fastened with seat belts.

A child aged 7 to 12 years old travels in a car in the back seat without a child seat.

A child aged 7 to 12 years old travels in a car in the front seat without a child seat.

A passenger travels in a taxi or bus without wearing a seat belt.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation + 12.29.1 of the Code of Administrative Offenses of the Russian Federation.

Driver and passenger

1000 RUR and 500 RUR respectively.

The passenger is not wearing a seat belt while the vehicle is moving and is in the back row of seats.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation + 12.29.1 of the Code of Administrative Offenses of the Russian Federation.

Driver and passenger

1000 RUR and 500 RUR respectively.

Seat belt devices are broken or missing while the vehicle is moving.

Fine for an unbelted driver

The fine for a driver not wearing a seat belt in 2018 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 allowed on the road common use while driving, did not fasten the 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 occupants of a moving vehicle use seat belts is a driver's legal obligation. Code of Administrative Offenses Article 12.6.

Fine for wearing a seat belt over the top

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 secured with a belt and dashboard marked with a fastened belt, no violation.

Law enforcement, however, did not work out in favor of drivers in this situation. In the overwhelming majority of cases, in 2018, 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.

Fine for an unbelted passenger

Pedestrians and passengers Vehicle often forgotten about own safety and liability for non-compliance 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.

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.

Fine for unbelted children under 12 years old

Transporting children under 7 years of age in cars according to the law and common sense should 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.

Penalty for not having a child seat

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 2018 is 3,000 rubles (12.23.3 Code of Administrative Offenses of the Russian Federation).

In 2017, changes were made to the law on transporting 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.

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What if you don't wear a seat belt? All fines and other consequences

Without wearing seat belts, drivers and passengers, of course, are at risk. It is obvious. No matter how many stories opponents of seat belts tell about how someone who was not wearing one flew out of a car during an accident and only thanks to this, they say, remained alive, you cannot argue against scientific research and statistical data. And here, as you know, the only conclusion is: if you want to live, buckle up. Yes, do it right.

Here are just the main points. The belt should “sit” quite tightly. Weak tension (some people manage to install different plugs so that the belt does not tighten too much) can play a very cruel joke. At the moment of impact, in this case, the belt simply will not hold you. I don’t think there’s any need to talk about the consequences. For those who don’t think about their own safety and those of their passengers or who naively believe that they are one hundred percent insured against accidents, I’ll tell you what a meeting with a traffic police inspector can lead to.

What do the Rules say?

Traffic rules oblige any driver not only to buckle up himself, but also to ensure that passengers do the same. If the car is equipped with seat belts, then everyone must buckle up. Although no: the Rules do not mention pets.

I would like to note one more detail. Despite the fact that the traffic rules do not say a word about the need to be fastened while stopping or parking, I still recommend not removing the belt in these cases. By at least, if you are sitting in a parked car on a busy road. If your car is hit by a reckless driver, your seat belt will come in handy.

Unlike the driver, the passenger is not required to monitor the other occupants of the vehicle. The main thing here is to buckle up yourself. Moreover, the obligation to buckle up does not depend in any way on what vehicle we are a passenger in. The obligation to buckle up, I repeat, arises when there are seat belts.

I remember I went on an intercity bus to Volgograd region. Despite the available seat belts, none of the passengers were fastened. Just like the driver himself. I decided not to be like the majority and fastened my seat belt. Yes, driving like this is not very convenient, especially when you drive all night. But then, in the Uryupinsk region, a crazy collective farmer flew onto the highway from a minor road. Our driver, naturally, hits the brakes. And here, I must admit, I felt the beauty of seat belts. Unlike the other passengers, who sharply accelerated forward and also abruptly braked with their faces on the seats in front, I only jerked forward a little. So, the usefulness of belts is undeniable for me. I hope for you too.

Don’t forget about the specifics of transporting children. Let me remind you that amendments to the Road Traffic Rules came into force not long ago. Currently, children under 11 years of age can only be transported in the front seat using special child restraint devices (car seats). In the back seat, children under seven years old can also only use a car seat, while those over seven years old can do so without them. The main thing is to fasten it with standard seat belts. I will leave this decision to the conscience of the Ministry of Internal Affairs of the Russian Federation and government commission on road safety. To you, friends, I strongly recommend the following. If the child is less than 150 cm tall, use, if not car seats, then at least boosters.

So, we remembered the rules of binding to a car, now about penalties for violations.

Fine for not wearing a seat belt

The main recipient of punishment, of course, is the driver. Not only will he be punished for his own carelessness (not fastening his seat belt), but the driver will also be punished for the carelessness of the passengers. Let's look at a couple of examples for clarity. The inspector stops a car containing a driver and two passengers. Nobody is wearing a seat belt.

In this case, the driver will be punished with a fine of one thousand rubles for not wearing a seat belt himself, and also for not forcing passengers to wear seat belts (Article 12.6 of the Code of Administrative Offenses of the Russian Federation). Well, each passenger can be fined 500 rubles (Article 12.29 of the Code of Administrative Offenses of the Russian Federation). Moreover, the inspector does not have the right to impose several fines on the driver. They say a thousand for yourself, and another thousand for each person who is not wearing a seatbelt. This clean water divorce. And no legal basis The inspector has no such initiative.

Second option. The driver is wearing a seat belt, but the two passengers are not. And then the driver will get it. Still the same thousand-ruble fine. Only for passengers. And the latter, of course, will also be punished.

But if you transport children with disabilities, without a car seat, for example, then the punishment is more serious. The fine in this case for the driver will be 3 thousand rubles (Part 3 of Article 12.23 of the Code of Administrative Offenses of the Russian Federation). But what about a fine for a child, you ask? The state does not punish children. The fact is that persons over 16 years of age are held administratively liable.

Another interesting point. Let's say you decide to remove the seat belts in order to get rid of this problem forever. In this case, be prepared for the fact that the operation of your car will be prohibited. Of course, they won’t send you to the impound lot, but they will oblige you to eliminate the cause. The fine here is small - 500 rubles. This is for the driver. And for an unbelted passenger it’s still the same thousand. Moreover, they can punish you every time they slow you down.

As you can see, the amount of fines is serious. Even a couple of checks on the road are enough to lose a significant amount, enough to remember to buckle up yourself and remind passengers about this. Well, I don’t think it’s worth explaining that children need to be transported only in car seats. And the point here is not at all about large fines.

What is the fine for an unbelted passenger?

Is it worth reminding that the seat belt in any vehicle is an integral part of it. Based on traffic regulations, the use of seat belts while driving is mandatory. A driver who violates this rule must pay a fine administrative nature, the size of which for 2017 can be found in the presented article.

Basic rules for using a seat belt

Thus, a seat belt is a fairly reliable means that can hold a vehicle passenger during sudden braking or an accident. Thanks to the belt, the risk of death or injury to people is significantly reduced. It is this reason that explains the mandatory rule of using a seat belt - fastening it when driving a car at any distance, regardless of speed.

What are the fines in 2017 for not wearing a seat belt?

If the clause regarding the mandatory use of car restraints was violated in any way, the punishment falls not only on the driver of the vehicle, but also on his passengers. Today, fines can be divided into three main categories:

  1. If the driver does not fasten his seat belts.
  2. If the passenger has not fastened their seat belts.
  3. If there is a child in the car without the proper device to transport him.

The amount of the fine for a restraint that was not fastened varies for each category separately. However, in any situation, the main responsibility falls on the shoulders of the vehicle driver.

If the driver does not fasten his seat belts

Article No. 12.6 of the Code of Administrative Offenses provides for an administrative fine (1,000 rubles) for the driver and his passengers who do not comply with the rules for using seat belts.

This kind of punishment does not depend at all on the number of passengers - the amount is the same. However, under this article, an unfortunate violator can receive a fine several times a day (for example, at several posts) until the moment when the violation is eliminated and the belt takes its rightful place when moving vehicles. Thus, the Code of Administrative Offenses provides for fastening seat belts while the vehicle is moving.

Experts recommend wearing your seat belt even during stops if there is other traffic around you. Everyone has the opportunity to track the imposed fine and, in the case of a dual situation, to challenge it - a table that is current for 2014-2015 will help them with this.

If the passenger does not fasten their seat belts

Clause 12.29 of the Code of Administrative Offenses provides for punishment in the form of a fine for law-abiding passengers, the amount of which is 500 rubles. The punishment is imposed on each person present in the transport separately. In some cases, you can do without a fine and only receive a written warning.

It is no secret that public transport is often not equipped with seat belts, but if they are available, experts strongly recommend using them.

If there is a child in the vehicle without proper transportation

Before certain innovations, the presence of a child in a vehicle without an appropriate device for his safety was punishable by Article 12.6 of the Code of Administrative Offences. However, now this type of punishment is mentioned in another paragraph of the Code. Thus, children under the age of 12, when traveling in the front seat of a car, must be secured with a special child device, which will ensure their safety in the event of an emergency. If children travel in the back seat of a car, they must be in a child seat or restrained with another safety device. If these rules are violated in some way, this will lead to an administrative penalty (a fine of 3,000 rubles).

The punishment in this case is borne by the driver, because any punishment in administrative form may be imposed on a citizen who has already reached the age of 16.

The amount of fines imposed for seat belts not fastened may seem small, but it is worth remembering the following: if the belt is fastened when moving, this greatly increases the protection of the driver and his passengers from possible injuries or even death in any accident.

Sad statistics today say that many self-confident drivers prefer not to wear seat belts and explain this by the presence of airbags in cars. But few people are aware that in the absence of a fastened seat belt, it becomes not only useless, but in some cases even causes additional harm. How can this be? At the moment of a collision or sudden braking, the human body inertially moves forward with very great force. If the seat belts are fastened, the body can be held in place, but the head and neck are not secured, and this can lead to severe injuries. And it is precisely for the purpose of protecting the head and neck that an airbag is provided in a car. Thus, it securely fixes the head, minimizing the already enormous load on the neck.

If this latch is missing, the human body, during a collision or braking, is pushed away from the airbag with great force and hits one or another part of the car with incredible impact. Of course, serious injuries cannot be avoided here. For this reason, you need to know and remember that airbags cannot replace seat belts in any way, but only act as a direct addition to them.

Finally, experts note that any violation of traffic rules is always safe and punishable, because it can lead to the creation emergency situations on the road and cause the most terrible consequences. And even though the fine in this matter is not very large and the driver will not hear its frightening amount, however, you should never neglect wearing your seat belts.

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A fine for not wearing a seat belt can be imposed not only on the car owner, but also on violating passengers. In most cases, even for a violation on the part of a passenger, it is the driver who will be responsible, since the traffic rules oblige him to ensure traffic safety.

In this article, we will look at the conditions under which a penalty will be imposed, and how to challenge a fine for not wearing a seat belt.

Grounds for prosecution

if the restraint device or belt is faulty, and the driver is sent to a car service to have the breakdown repaired (when driving a car, the hazard lights must be turned on). In all other cases, the use of a belt is mandatory requirement

The citizen driving the car is responsible for compliance with the rules for transporting passengers. Before driving, make sure that each passenger is properly restrained. If a violation is detected, the driver will have to answer for passengers if they refused to use their seat belts or unfastened them without permission while driving.

How the case is handled

Violations are detected when the car is stopped on the road, including to check documents, or when registering an accident. The authority to draw up protocols is granted to traffic police officers, and the procedure for bringing to responsibility is as follows:

  1. a protocol is drawn up indicating the driver’s personal data and vehicle registration information;
  2. the text of the protocol records all citizens who find themselves without a seat belt - the punishment will be the same, regardless of the number of violators;
  3. in addition to the car owner, a protocol is drawn up for each passenger who has not complied with the traffic regulations regarding seat belts;
  4. When drawing up a protocol, the violator has the right to submit comments or objections, including referring to specifications cars that allow driving without a belt.

The protocol must be reviewed no later than 15 days from the date of issuance. Since cases of this category are not brought to court, a representative of the traffic police can consider it on the spot and make a decision.

To impose sanctions for not fastening a seat belt, the law contains special norm- art. 12.6 Code of Administrative Offenses of the Russian Federation. Only the driver will bear responsibility for it, including for transporting passengers in violation of safety rules. The sanctions include only a fine, and its amount is 1000 rubles. The fine amount does not increase, even if several passengers were not wearing seat belts.

If a protocol is drawn up in relation to a passenger, he faces punishment according to an independent norm - Art. 12.29 Code of Administrative Offenses of the Russian Federation. In addition to a fine of 500 rubles, traffic police officers can get by with a warning. This type of punishment is fixed in writing and is announced when a decision is made.

Special nuances are provided for punishing car owners who violate the rules for transporting children:

  • If the child has reached the age of 12 years, the penalty for not wearing a seat belt will be the same as for an adult passenger, i.e. the driver will have to pay 1000 rubles;
  • if the child has not reached the specified age and does not have a specially equipped seat, the driver will be fined 3,000 rubles;
  • punishment for transporting children outside of a seat and without a belt will be imposed and officials or an enterprise (for example, a road carrier) - the fine will be 25 thousand rubles. and 100 thousand rubles, respectively.

The specified fine is imposed for each identified case of driving without a belt. If, after drawing up the protocol, the driver continued driving with traffic violations, he could be stopped again and prosecuted again. Fines for such violations are not cumulative when considering the case.

To pay traffic police fines, the law provides a special benefit - if the offender transfers money to the budget in the first 20 days after the punishment is imposed, a 50% discount is provided. Consequently, the driver will only be able to pay 500 rubles, after which the sanction will be repaid.

If the offender does not take advantage of this benefit, voluntary repayment He is given a fine of 60 days. After this period, the fine is considered overdue, and the driver faces the following consequences:

  1. the decision will be submitted to FSSP service for forced deduction from earnings or property;
  2. violation of payment terms entails additional punishment- the court may appoint new fine in double the amount of the initial sanction (but not less than 1000 rubles), or use arrest and compulsory work;
  3. the imposition of a new fine does not exempt from execution of the original punishment.

Cases related to appointment repeated fine, are considered in the courts, since arrest is a possible measure of liability. If the driver is deprived of his license for other types of violations, in order to return the license he will have to confirm payment of all fines issued, including for not fastening his seat belt.

If you forgot your seat belt, this is not nonsense at all. Firstly, you are exposed to danger on the road, and secondly, you become a criminal. Such actions form the composition administrative violation, for which you will have to pay. We’ll talk further about what fine is imposed in this case, who has to pay it, whether rear passengers and children need to wear seat belts, and what other punishment the violator may incur.

Fine for not wearing a seat belt 2019

Came into force in May 2016 changes to the Code of Administrative Offenses RF, which changed the size of the fine for not fastening a child’s seat belt.

More precisely, for citizens it remained the same - 3000 rubles, it’s just that clause 3 of Article 12.23 of the Code of Administrative Offenses was supplemented with fines for:

  • officials - 25,000 rubles.
  • legal entities – 100,000 rub.

Previously, the sanction of this article was focused only on individuals. This year, the legislator decided to toughen the punishment for those responsible for organizing the transportation of children.

Its provisions refer to violations of the requirements for transporting children specified in the traffic rules, and not specifically about unfastened seat belts. But since paragraph 22.9 of the traffic rules talks about the need to fasten the baby or seat him in specially designed structures, then ignoring this requirement is already the basis for the application of article 12.23.

For other cases, the seat belt fine remained unchanged in 2019:

  • for drivers – 1000 rubles;
  • for passengers – 500 rub.

How to seat belt your children without getting fined

You will have to pay the most for unbelted children in the car, so you need to figure out how and with what to secure them in the seat, and also up to what age.

The traffic rules do not put forward strict restrictions on fastening methods, but only offer options:

  • special child seat;
  • child adapters for adult belts;
  • children's belts.

Typically, children under 3 years of age are transported in child seats, while older children are transported using belt adapters. Although there are special chairs that are designed for a child aged 12 years, for some reason they are almost never used.

It is interesting that clause 22.9 of the traffic rules puts forward such requirements only for those situations when there is a child under 12 years old in the car. Apparently, older children are treated like adults, although from a legal point of view, persons become adults at the age of 16. But based on the Traffic Rules, we come to the conclusion that a fine of 3,000 rubles is imposed only for children under 12 years of age who are not properly restrained, and teenagers from 12 to 16 are “considered” adults, and therefore for them its size is limited to 1000 rubles.

Unbelted driver, passenger, child: who pays for what?

This information is also important to know:

  1. Note, If the child is not wearing a seat belt, the driver pays, not parents. Parents will only have to pay if one of them drives the car.
  2. The fine for unbelted passengers does not depend on their number. It doesn’t matter how many of them violated traffic rules, the driver will still have to pay 1000 rubles and no more.
  3. Traffic police officers can fine you for this offense several times a day., but of course for a repeated violation, and not for the same thing.
  4. Many people believe that only those sitting in the first seat need to buckle up. However, the basis for imposing a fine will be Unfastened seat belt, including in the back seat.
  5. The passenger may be given a warning instead of a fine. This benefit does not apply to drivers.

Who won't pay a fine for not wearing a seat belt?

  • instructor, during the driving training process;
  • disabled person;
  • drivers and passengers of operational vehicles (for example, ambulances), if they have identification marks.

The law does not exempt passengers public transport from responsibility. However, the practice among traffic police officers has developed in such a way that fines are not imposed on them, since this moment In our country, public vehicles are not equipped with seat belts.

Other types of responsibility other than administrative

Under certain conditions, a person may be subject to civil and even criminal charges for this violation. criminal liability.

The basis for this is an accident that occurred due to the fault of a driver who violated traffic rules. Not wearing a seat belt is already a violation, albeit not as “shameful” as alcohol intoxication, but it is also taken into account when investigating the accident.

Therefore, a driver who did not buckle up himself or did not follow his passengers in doing so, if he gets into an accident, may be subject to criminal liability as:

  • restrictions up to 3 or imprisonment up to 2 years, forced labor up to 2 years, arrest up to 6 months - if due to negligence the victim was caused serious harm health;
  • forced labor for up to 4 years, imprisonment for up to 5 years - in the event of the death of the victim;
  • forced labor for up to 5 years, imprisonment for up to 7 years - if the death of 2 or more people occurs.

Any of the penalties will be applied only if the driver’s guilt is confirmed by a court decision.

A civil claim can be brought by any passenger who was injured as a result of the accident. Everything will depend on the passenger, so being brought to this type of liability is much less common.

Drivers do not always use restraints while in a vehicle. At the same time, for such neglect of the law there is a fine for not fastening a seat belt in accordance with Art. 12.6 Code of Administrative Offenses . Many people are not embarrassed by these sanctions Administrative Code.

As a rule, people pay for their own negligence with their health when an accident occurs and only then realize the full significance of this device in the car. The Russian “maybe it will blow through” often leads to disastrous consequences.

The article will explain the consequences of this offense. It is explained what the procedure should be for solving problems that arise with a traffic police inspector related to non-compliance with the Traffic Rules.

In this article:

Seat belts in traffic regulations

This simple and effective device was invented in late XIX century in Europe. Let's figure out what it is.

Seat belts are a special device, which is an element of the system, designed to hold the body of the driver and passenger in the car during sudden braking, overturning the vehicle, or an accident.

It will protect a person from serious injury and injury. Since its invention, this type of device has been required to be installed in any car.

Moreover, clause 2.1.2 of the Traffic Regulations stipulates that while driving, the citizen driving the car, as well as the passengers in the cabin, are required to fasten their seat belts.

The driver has the responsibility to ensure that all people sitting in the car are fastened, only after that he has the right to start driving, regardless of whether in the city or outside it.

Let us indicate when the driver may not be wearing a seat belt so that the reader does not have any illusions about this.

Suppose that while driving, a citizen determines that the belt is faulty, then he is obliged to carefully proceed to the nearest service center, where it will be replaced or repaired.

When stopped by a traffic police officer, the driver must report a breakdown of the specified unit. In all other cases, road users must use this device.

Why wear a seat belt?

Almost every car enthusiast will say with confidence that he knows the answer to this question. Most will report that it will protect the person in the car from injury in the event of an accident (in the event of a collision with another vehicle or obstacle).

In reality, everything is much more complicated. To better explain why you need to fasten your seat belts , you need to know that they are an element of the passive protection system for the driver and passengers.

They work synchronously with the front and side airbags (AIRBUGS), preventing the risk of severe damage to the human body.

In fact, both of these devices represent a complex system, the functioning of which is aimed at preserving the life and health of people.

In the event of a strong impact or sudden braking, the bodies of citizens inside the car are moved forward under the influence of inertia with great acceleration.

If you don't wear a seat belt, you can get a head injury. internal organs moderate to severe, which can lead in some cases to fatal outcome.

Due to its design, the device in question will hold a person in place and minimize the risk of injury. This will allow the front and side airbags to operate correctly, which will protect the cervical vertebrae, which experience enormous overloads upon impact, from fracture.

Statistics of accidents on Russian and foreign roads show that the use of seat belts reduces the risk of serious injury, as well as the likelihood fatal outcome by 70%. Therefore, their use by passengers and the driver while driving is a mandatory requirement of traffic regulations.

Fines for not wearing a seat belt

This issue is regulated by Art. 12.6 and 12.29 of the Administrative Code, despite the fact that administrative sanctions can be imposed multiple times.

If the driver was fined once at a traffic police post and then after some time, unfastened and was stopped by police officers for this violation, he will again be punished in the same amount.

Fines are imposed separately on the following persons:

  1. Driver.
  2. Passengers.

At the driver's

It is this person who is responsible not only for his own safety, but also for the safety of the other people in the car. Therefore, before moving off, he is obliged to ensure that all traffic regulations when driving are met.

The driver will be held administratively liable under Art. 12.6 Code of Administrative Offenses:

  • was driving without a seat belt;
  • was driving on a highway or within settlement with passengers who did not use seat belts;
  • transported a child without a special seat, without the use of child adapters or devices.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation provides for a fine for the listed offenses in the amount of 1 thousand rubles.

Please note that if the passenger(s) are not wearing a seat belt, the driver will also be fined in the amount of one thousand rubles, regardless of the number of people who violated this regulation.

For your information! As stated above, being fined for this administrative offense a citizen can repeatedly. In this case, the law does not provide for an increase in penalties for repeated violations.

Passengers

In accordance with the Road Traffic Rules, a vehicle must be equipped with seat belts on all seats. Passengers in these seats must be wearing seat belts when moving.

Often, novice drivers have the opinion that only those sitting in the front seat need to buckle up. This is not true - all people sitting in the car must wear seat belts.

If a person who is next to or behind the driver does not comply with this requirement while driving a car, then in accordance with Art. 12.29 of the Code of Administrative Offenses of the Russian Federation provides for a fine of 500 Russian rubles for a passenger not fastening his seat belt.

Traffic regulations stipulate that a traffic police inspector may issue a warning for this offense. If it is committed again, then more stringent measures are applied.

In this case, the person driving the vehicle will also be held liable for the violator in the amount of one thousand rubles. The rear passenger will be fined the same amount as the one in front.

For the children

Transportation of this category of persons is required taking into account their age. The presence of a child in the car must be accompanied by the use of special devices to ensure his safety while driving.

These include:

  • Baby chair;
  • adapters for belts available in the car;
  • children's fastenings.

To resolve this issue, clause 22.9 was introduced into the traffic rules, which states that children between the ages of 7 and 11 are prohibited from driving in a car without the use of special restraint systems. For violation of this legal norm a fine of 3 thousand rubles is provided (Clause 2 of Article 12.23 of the Code of Administrative Offenses of the Russian Federation)

Typically, children under 7 years old sit in the back or front seat equipped with a child seat. Therefore, their absence will be the basis for the imposition of penalties. Sometimes, for children over three years old, special belt adapters are used, taking into account the child’s build and weight.

Children from the age of 12 can wear seat belts like adults in the back and front seats. If this rule is violated, the driver bears responsibility under Art. 12.26 Code of Administrative Offenses of the Russian Federation.

Note! From the age of 16, the passenger bears administrative responsibility(Article 2.3 of the Administrative Code of the Russian Federation) independently in the amount of 500 rubles under Part 1 of Article 12.29 of the Administrative Code. Accordingly, he is endowed with all the rights and responsibilities of a road user.

Fines for not wearing a belt

The question may quite naturally arise whether it is necessary to fasten your seat belt in intercity minibuses plying on a specific route. The fact is that in most cases, such a car is initially equipped with belts. During operation, they are often removed by the owners of these vehicles.

In accordance with paragraph 1 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation and clauses 7.9-7.10 of the Appendix of Traffic Regulations of the Russian Federation, it is prohibited to use vehicles that are not equipped for transporting people special devices. The fine for not wearing seat belts on a bus during intercity transportation will be 500 rubles.

If one of the passengers is not wearing a seat belt, then the driver will be fined first. The presence of a passive safety system in this type of transport is just as necessary as in other cars.

Does the camera record and how to record it?

The State Traffic Safety Inspectorate of the Russian Federation started talking about identifying this offense on the roads back in 2010.

The installed video surveillance systems were initially programmed for other cases described in the traffic regulations:

  • crossing the stop line;
  • in some cases, determining the speed of the machine.

Without video recording, it is unlikely to see clearly and fasten your seat belt.

This is real when the car is stopped at a traffic light and is not in motion. If the front glass has even a slight tint, it is almost impossible to fix it.

Therefore, in order for a person to be held accountable for this administrative offense through video filming, there must be a high-quality image of an unbelted driver or passengers and the license plate number of the car.

In the absence of these indicators, it will be difficult to prove a violation. The car enthusiast needs to stand his ground if the video image recorded by the camera does not show everything clearly.

How to appeal

Most often in the above situation, the review will be sent to court. In the vast majority of cases, the judge takes the side of the traffic police inspector and issues a fine if the motorist does not take active position and did not provide significant evidence.

Therefore, if such a situation arises, it is better to hire a lawyer who has experience handling such cases.

However, the services of a professional lawyer are expensive, and most likely, the costs will exceed the amount of the imposed sanctions. Anyway legal consultation It wouldn’t hurt to have a car lawyer on the issue of appealing the fine.

If a police officer stops you and claims that the driver is not wearing a seat belt, proceed as follows:

  1. Prove that you only unfastened your seat belt because the car stopped.
  2. If the absence of a belt is not clearly visible in the video, deny your guilt.
  3. Write in the protocol, I do not agree with the imposed administrative penalty.
  4. File a complaint with the court.
  5. In progress judicial trial bring witnesses, eyewitnesses who will confirm that the seat belt was fastened.
  6. It would not be out of place to say that initially a hostile relationship developed between the motorist and the traffic police officer, which prompted the policeman to write a report.

Sometimes such cases are winning. To do this, you need to provide significant evidence to convince the judge of your innocence.

Advice! It is not necessary for a car lawyer to personally participate in court. As a rule, a complaint about the issued fine is sufficient and legal position on the case prepared by an experienced lawyer.

Exception to the rule: real chances of avoiding a fine

One of the grounds is the return of materials in accordance with Art. 24.9 Code of Administrative Offenses of the Russian Federation. This article is valid if the protocol was written incorrectly, or by a person who does not have the right to do so.

Then a complaint is filed in court, where during the proceedings errors in the preparation of the protocol will be identified, this will serve as the basis for the return of the materials and the removal of the imposed penalty from the citizen

Tips for drivers on how to avoid getting caught by the traffic police for not wearing a seat belt

Compliance with safety rules while driving will protect the people in the car from negative consequences in the event of an accident.

And so that the car owner does not face arbitrariness on the part of police officers, several rules must be followed:

  1. Do not drive in .
  2. Carefully study the completed protocol so that it does not contain far-fetched wording.
  3. Write a complaint to the court regarding the illegal imposition of a fine.
  4. During court hearings take an active position proving the illegality of the actions of the traffic police inspector.
  5. Involve witnesses and eyewitnesses, and if you have a video recorder with a dual camera, provide the recording to the inspector and then in court, if this did not have an effect at the scene of the incident.

Despite all the recommendations, the author of the article believes that it is better to always be buckled up while driving, regardless of driving experience and the current situation on the road. After all, the use of a safety system created by car designers back in the last century in 100% of cases on the highway justifies itself.