Both drivers and passengers of vehicles are full participants in road traffic. This means that they are all required to obey existing rules, one of which states that while driving, both the driver and all his passengers must wear seat belts. Moreover, this applies not only to personal cars, but also to some types of public transport - for example, taxis or minibuses, which were initially equipped with these restraint devices. However, passengers often, for one reason or another, neglect the duty to buckle up. What should drivers do in such cases? Who is responsible for an unfastened seat belt: the passenger himself, the owner of the vehicle, or both? Who pays the fine for an unbelted passenger and is it possible to avoid this penalty? We explain these and other important points together with lawyer Ekaterina Antonova .
photo from the personal archive of Ekaterina Antonova /
Are there penalties for unbelted passengers in 2021?
Clause 2.1.2. Road Traffic Rules (TRAF) states: when driving a vehicle equipped with seat belts, the driver must not only be fastened himself, but also not carry passengers who are not secured with belts. If for certain reasons a passenger refuses to buckle up, the traffic police officer has full legal authority to issue a fine for such a violation.
Responsibilities of the driver and passengers
The Traffic Rules (TRAF) and the Code of Administrative Offenses (CAO RF) have several articles regulating the general responsibilities of the driver and passengers while moving inside vehicles. Article 2 of the Traffic Regulations of the Russian Federation directly states that “the driver is obliged, when driving a vehicle equipped with seat belts, to be fastened and not to carry passengers who are not wearing seat belts.” The same requirement for passengers is repeated in Article 5 of the Traffic Regulations of the Russian Federation.
Question and answer 8 myths about seat belts in cars. Infographics
It spells out the responsibilities of passengers and states that “when traveling in a vehicle equipped with seat belts, passengers must have their seat belts fastened, and when riding a motorcycle, they must wear a fastened motorcycle helmet.”
These requirements apply to both passenger vehicles and minibuses. The same applies to taxi cars. If a car is standardly equipped with seat belts, then all people are required to use them. The exception is older vehicles that were not structurally equipped with such safety devices. If there are no belts, then there is simply nothing to fasten yourself with. However, the production of such retro cars was discontinued back in the 1960s, and they are not used for taxi work.
Who does the fine apply to: the driver, the passenger, or both?
According to the law, responsibility for each of the passengers of a vehicle lies with the driver, so he should not start driving until he is sure that they are fastened.
However, this does not mean that the traffic inspector will “punish with the ruble” only the driver: the administrative penalty will also affect the passenger who violated the rules.
“Moreover, even ignorance of the law, as we know, does not exempt a person from responsibility, so each individual unbelted passenger will have to pay a fine, even if we are talking about a large company that, for example, used the services of a passenger taxi,” notes Ekaterina Antonova.
What is the fine for not wearing a seat belt for the driver and passenger in 2021?
Responsibility for neglecting the rules for transporting passengers regarding the use of seat belts is stipulated by Art. 12.6 of the Code of Administrative Offenses of the Russian Federation for the driver: according to this rule, the fine is 1000 rubles. At the same time, the responsibility of the passenger is provided for in Art. 12.29 of the Code of Administrative Offenses of the Russian Federation and the amount of the fine for it is 500 rubles. In some cases, instead of a monetary fine, a passenger who has violated the rules may be given a warning.
Financial liability for an unbelted passenger also applies to passengers traveling in the back seat, provided that the vehicle is equipped with rear seat belts.
Who doesn't pay
The legislation provides for certain categories of citizens who are exempt from using belts. And accordingly, these penalties cannot be applied to them. These categories of people include:
- An instructor who is a passenger while teaching a student. He must be able to grab the steering wheel at any time or take another action aimed at ensuring the safety of their car.
- Disabled people , regardless of their group.
- Employees of special operational vehicles , as well as the people they transport, but only on condition that they have the appropriate identification marks.
People traveling in other vehicles are required to wear seat belts if their seat has belts. Typically, this rule applies only to minibuses, since in other vehicles there are no such belts.
How to prove that a seat belt is not fastened, and who issues a fine for an unfastened passenger?
According to the general rule, a fine for wearing a seat belt is imposed on both the driver and the passenger by the traffic police inspector.
“The inspector sees that the driver or passenger is driving with an unfastened seat belt, stops the car and draws up a report,” says Ekaterina Antonova. — Recently, fines from cameras for wearing a seat belt have also been practiced. Within one second, the camera takes several photographs of the car, and then the information is sent to the server, where it is analyzed by a computer and, when a violation is detected, automatically generates the appropriate materials, on the basis of which the traffic police officer generates a resolution to pay a fine.”
How to avoid a fine for not wearing a seat belt in 2021?
One of the key grounds for canceling an issued fine is the incorrect completion of the relevant protocol by a traffic police officer.
“Therefore, you should carefully study this document: if it contains erroneous information about the driver or the vehicle he was driving, then the violator has the right to appeal against the drawing up of the protocol. If a citizen disagrees with the punishment, he can challenge it in court within 10 days,” explains Ekaterina Antonova.
You can avoid penalties on some other legal grounds:
- the design of the seat belts has failed (in this case, the driver must prove that at that moment he is heading to a service station to have the problem fixed);
- both the driver and passengers took off their seat belts after the car stopped;
- the initial absence of seat belts in a particular car model (this design is not preinstalled by the manufacturer). If the belts were removed by the car owner himself, it will not be possible to avoid a fine.
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Controversial situations and ways to avoid punishment
It is necessary to wear a seat belt in a car when it is moving. If the car has stopped, the driver may not be wearing a seat belt . This aspect, specified in the regulations of the traffic rules, allows you to avoid punishment. While the driver was stopped by a traffic police officer, the driver may refer to the fact that the belt was unfastened during the stop. It will be problematic for car passengers to avoid punishment. This controversial situation will not make sense if the employee was video recording.
Another controversial situation is an incorrectly fastened seat belt. The fact of how to properly fasten your seat belt in a car is not described in any legislative act; it allows you to avoid punishment for not wearing a seat belt. In another case, it allows you to legally appeal the protocol and punishment for an administrative violation.
It must be remembered that not fastening a seat belt and a traffic accident will lead to liability under Art. 264 of the Criminal Code of the Russian Federation. Here the punishment may be restriction of freedom or deprivation of it. It follows from this that a seat belt is not only the safety of the driver and passengers, but also the opportunity not to receive punishment in the form of a fine or imprisonment.
If there is no video recording
If there is no video recording, the traffic police officer will not be able to prove whether the driver was wearing a seat belt before stopping at the request of the inspector. Also in the case of an incorrectly fastened belt: if it is only fastened across the chest, the video recording may not indicate whether the lower part of the belt has been fastened.
Is there a discount on the fine?
An unbelted passenger who has been issued a fine can reduce its amount if he pays promptly: in this case, the discount on the fine will be 50%. Such a “bonus” is valid for 20 days from the date of the decision on an administrative violation.
One way or another, the passenger, as well as the driver of the vehicle, must realize and remember that transporting passengers who are not wearing a seat belt is a serious violation of traffic rules. And even if in life he himself is accustomed to “hoping for chance,” then he should at least buckle up out of a sense of respect and concern for the driver. Indeed, in the event of an accident, he will have to answer before the law for any injury received by unbelted passengers, as well as to compensate for material damage caused to their health. And for the offender himself, a much greater punishment than a fine may be the loss of life or disability as a result of an accident, the tragic consequences of which could have been avoided with the help of a regular belt.
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Home » Catalog of pages » ARTICLES AND COMMENTSTHE PASSENGER IS NOT WEARING A BELT. WHO PAYS THE FINE?
Continuing the topic of seat belts, I think it is possible to answer the following question:
If, when the car is moving, the passenger or passengers in the cabin are not wearing seat belts, who will pay the fine - the driver for everyone or the passenger for himself?
The traffic rules of the Russian Federation, paragraph 2.1.2, paragraph 2.1, provide for the following responsibility for the driver:
2.1. The driver of a motor vehicle is obliged to:
2.1.2. 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.
For violation of this requirement, Article 12.6 of the Code of Administrative Offenses of the Russian Federation provides for:
Article 12.6. 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 transporting passengers on a motorcycle without motorcycle helmets or wearing unfastened motorcycle helmets -
shall entail the imposition of an administrative fine in the amount of one thousand rubles.
Consequently, a driver driving a vehicle without wearing a seat belt and carrying unfastened passengers will bear administrative liability for this violation. For driving a vehicle with unbelted passengers, administrative responsibility under Article 12.6 rests with the driver, as a person who has not complied with the requirements of the Russian Federation Traffic Regulations. The subject of the analyzed offense (Article 12.6 of the Code of Administrative Offenses of the Russian Federation) are only the drivers of the vehicle, and not their passengers.
At the same time, regardless of the number of unbelted passengers, a fine is issued to the driver not for each unbelted passenger, but in general as for the fact of this violation. In other words, if the driver and passenger or passengers do not wear a seat belt, the fine is still 1000 rubles.
At the same time, passengers in clause 5.1 of the Russian Traffic Regulations are required to:
Passengers are required to: when traveling in a vehicle equipped with seat belts, be wearing them, and when riding a motorcycle, wear a fastened motorcycle helmet;
For failure to fulfill this obligation, Part 1 of Art. 12.29 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for passengers. Punishment: fine.
Article 12.29. Violation of the Traffic Rules by a pedestrian or other person participating in traffic
1. Violation of the Traffic Rules by a pedestrian or passenger of a vehicle -
entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.
And who ultimately pays the fine? Unbelted passenger or driver?
CONCLUSION:
In this case, if the driver and passenger are not fastened, administrative liability may arise for both offenders.
The driver will be held liable in accordance with Art. 12.6 of the Code of Administrative Offenses of the Russian Federation for driving a car in violation of the requirements of clause 2.1.2 of the Traffic Regulations of the Russian Federation. Carrying a passenger without wearing a seat belt.
The passenger will be held liable in accordance with Part 1 of Art. 12.29 of the Code of Administrative Offenses of the Russian Federation for violation of the requirements of clause 5.1. Traffic rules of the Russian Federation. The passenger was not wearing a seat belt during the trip.
It is necessary to use seat belts to ensure your safety and the safety of other road users. There is a corresponding article about this on the website, “Are seat belts a right or an obligation?”
14.05.2014
Good luck to everyone and God bless everyone.
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