How to appeal a traffic police fine for wearing a seat belt

How to challenge a ticket for not wearing a seat belt?

The most affordable and simple device that provides protection for the driver and passengers while driving is seat belts. Moreover, this convention, which must be observed, applies without fail to all citizens sitting in a moving car. However, not every motorist realizes the importance of this rule and uses the device solely to avoid monetary penalties for an administrative act. When adverse consequences occur, the motorist is faced with the question of how to challenge a fine for not wearing a seat belt.

Basic principles of using seat belts

Based on the traffic rules (traffic regulations), a passive protection device must be used not only by the person driving the vehicle, but also by its passengers while the vehicle is moving. The following persons are exempt:

• -driving instructor;
• -employees of structured organizations with special requirements (special services) who use special-purpose vehicles.

To transport passengers under 12 years of age, there are a number of specific requirements:

• - when transporting a child in the front seat, a specially designed child car seat is used;
• -if the baby is in the rear passenger area during transportation, then in addition to a special seat, the use of adapters is permissible.

Despite the fact that car enthusiasts consider the age-old design of protection to be a completely useless device, it is an effective means of minimizing injuries in an emergency. Often, thanks to seat belts, participants in road accidents manage to avoid death.

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

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

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

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

How to challenge a decision on a fine for a belt?

A monetary penalty for a belt can be avoided by challenging the ruling. The applicant is given 10 calendar days to do this from the date of issuance of the writ of execution. In this case, the owner of the vehicle must have a copy of the protocol and resolution in hand, so it is advisable to obtain the documents on the spot, which is regulated by the laws of the Russian Federation. After studying the listed material media, it will become clear how to act and challenge the fine for the belt.

The grounds for appeal may be the following:

1. general violations of the protocol preparation process;
2. errors and blots when drawing up the writ of execution;
3. disagreement of the car owner with the charge of administrative violation brought against him.

Moreover, in the latter case, the alleged offender must express his objections in writing in the protocol. In a number of cases, the traffic police officer refuses to present a photograph or video information, which indicates the absence of objective evidence of guilt, with the exception of his verbal statements.

If there were passengers in the car in addition to the driver, it is necessary to enter information about them into the protocol, indicating their full name. and registration addresses. In further proceedings, they will be able to act as witnesses and prove the absence of violations on the part of the car owner.

An appeal against a fine for a belt is carried out by a higher-ranking traffic police official or a judicial authority. In the first and second cases, in order to challenge the document, it is important to correctly file the complaint.

Sample:

1. header of the appeal: name of the body where the complaint is filed, personal information about the applicant, including registration address and telephone number for contact;
2. main text: permanent elements (details) of the disputed document, date, place and time of its execution, full name. the originator, the essence of the guilt, the amount of the fine;
3. penultimate paragraph: reasons on the basis of which the applicant does not want to agree with the penalties imposed on him, evidentiary facts;
4. conclusion: we request that the resolution be declared illegal and cancelled.

Iron protection from paying a fine

Numerous auto forums are full of advice from car enthusiasts not only on how to challenge a fine for a belt in the authorized bodies, but also what methods can be used to avoid punishment directly when meeting with an inspector. Let's consider the most effective action algorithms in detail:

• -A probationary offender has the right to demand from the inspector the presentation of photographs and videos that recorded his guilt. If such evidence is absent, this indicates that the traffic rules on the road were not violated. In the event that a traffic police officer notices an unfastened seat belt, the driver’s objections are based on the stationary state of the vehicle, since the legislation of the Russian Federation obliges the use of a protective device exclusively during a trip.
• -If the inspector stands his ground, then it is necessary to insist on drawing up a protocol. In the “explanations” section, write the text: “I cannot agree with the violation presented, because while driving the car, according to the instructions, I fixed the safety strap over my shoulder. The inspector could not impartially and objectively prove my guilt.” Based on the information of the regulatory legal act of the current legislation, the traffic police officer must collect evidence of the guilt of the motorist or passenger in a particular violation. Otherwise, there are no legal grounds for prosecution.
• -You can confirm your non-involvement in the charges using data from a video recorder equipped with two security cameras. In this case, one of them will show the movement or parking of the vehicle, and the second will record video information about the driver’s actions at the same time. This is an undeniable basis for the court to terminate the consideration of the case regarding the collection of a fine.
• -If a negative consequence cannot be avoided, and a writ of execution has been issued, you can challenge the fine for a seat belt with the help of an experienced motor vehicle lawyer.

The main criterion based on which you can protest a monetary penalty for not fastening your seat belt is documentary evidence. A person driving a car can challenge the enforcement document of the traffic police, citing the use of passive protection while the vehicle is moving. Witness testimony may serve as confirmation.

Do you need video recording when your seat belt is not fastened and how to challenge a fine for this?

There were times when, apart from radar, and even then not every crew had one, traffic cops no longer had any means for photographing and video recording offenses. Drivers who violated traffic rules were stopped and given a warning ticket for gross offenses, right on the road. And although, basically, all the accusations were based only on the arguments of the traffic police officer, no one then even thought of arguing with him about the claims made.

Now, with the advent of photo and video recording cameras in traffic police cars, you can’t just hire a driver in a “blackamoor.” When charging him with committing any offense, the police officer must provide the motorist and the court with materials from a photo or video camera recording this moment. However, in a real situation, not everyone and does not always adhere to these principles.

Yes, there really is a category of offenses that requires serious evidence in the form of photographs or video recordings, but there are also those that are accepted by the court without any additional evidence, on the basis of the protocol alone. I will say more, in many cases, if not in all, a guilty verdict is passed on them. And the presumption of innocence is replaced by the phrase: “the court has no reason not to trust the police officer.” I think those who have had to deal with this in their lives will now support me.

And although the phrase that the traffic police inspector must prove the driver’s guilt is firmly entrenched in the head of today’s motorist, in reality the opposite happens. This includes penalties for not wearing a seat belt. Judicial practice shows that on the basis of paragraph 1 of part 1 of Art. 28.1 of the Code of Administrative Offenses of the Russian Federation, the court, without any video recording, imposes an administrative penalty on the offending driver under Art. 12.6 of the Code of Administrative Offenses of the Russian Federation in the form of a fine of 1000 rubles. Unfortunately this is the reality. And don’t indulge yourself in illusions, thinking that the inspector, seeing the driver unbuckled, will spend half a day proving to him that he violated the traffic rules. You can, of course, disagree and write “disagree” in the protocol, but this circumstance will in no way affect the judge’s decision.

I understand that it would be more pleasant to hear that the traffic cop has to work hard before proving that the driver was driving unbelted, and some authors, I must say today, do this for the sake of readers, but, unfortunately, in reality everything looks a little different. There are dozens of such court decisions and attempts to appeal them on this page, but in order not to abuse your attention, I will not do this. Those who wish to familiarize themselves with these documents can always find them freely available on the Internet.

Speaking about this offense, in fairness, it should be noted that today the police do not pay much attention to unfastened seat belts. But, nevertheless, it is worth knowing that if the traffic police inspector decided to write a report for this, then the court will be on his side and, without any additional evidence, will punish the driver with a fine. Therefore, if you neglect your seat belts while driving and have not yet been fined until today, then I assure you that the police simply did not want this.

But not everything is so hopeless. There are several tips from experienced lawyers on how to challenge a ticket for not wearing a seat belt, and I’ll tell you about them now.

The first one is the most reliable and will come in handy if the inspector mistakenly accuses you that the driver did not have his seat belt fastened while the car was moving. The problem will be solved by having a DVR in the car with two cameras that simultaneously capture images on the road and in the cabin in real time. With such ironclad proof of your innocence, you can safely go to any court.

The second is to provide the court with witnesses, as well as video footage of it. Please note! that you and the traffic police inspector have developed a hostile relationship, on the basis of which he issued you a report on this offense. But you yourself understand that this advice exists purely theoretically and is offered only as an option. Not one inspector will yell at you on camera and threaten you with violence. Therefore, in the current situation, the only reliable evidence that the driver was wearing a seat belt while driving is the presence of a corresponding video recording.

There is another method that is not entirely reliable, but still enjoys some popularity among drivers. As is known, seat belts, if they are inoperative, are classified as malfunctions in which the operation of vehicles is prohibited. Therefore, having voiced this problem to the policeman, the driver declares that he is heading to the place where this breakdown is repaired, which is provided for in clause 2.3.1 of Article 2 of the Traffic Regulations of the Russian Federation. Not a single inspector will check the veracity of your words, and he does not have such powers.

I encourage you to share your experiences in this regard in the comments. Perhaps someone managed to challenge this fine. There are still enough miracles in our world.

How to appeal a seat belt ticket

Currently, every passenger car is equipped with seat belts. Their use is mandatory not only for the driver, but also for the passengers of the vehicle. Ignoring these requirements entails administrative liability in the form of a fine. That is why many drivers are interested in the question of how to appeal a traffic police fine for wearing a seat belt?

What traffic regulations say about seat belts

Paragraphs 2.1.2 and 5.1 of the traffic rules provide for the mandatory use of a seat belt while driving a car. Moreover, this rule applies to both the driver and passengers. An exception is made only for an instructor teaching a student how to drive or for emergency service employees who use special vehicles.

Separate requirements are provided for children under twelve years of age. So, if a child is in the front seat while driving, he must be placed in a special child seat. If the child is sitting in the back seat, then in addition to the car seat, the use of seat belts is also allowed. But it should be noted that ordinary belts are not suitable in this case, so special adapters should be used.

Many modern drivers regard the seat belt as a completely unnecessary device and use it solely to avoid penalties. And if negative consequences have already occurred, then they have the question of how to appeal the traffic police fine for wearing a seat belt. In fact, the belt is an effective tool that allows you to minimize the negative consequences in the event of an emergency. Quite often it helps to avoid death.

The fact is that in the event of a collision, the body of the person inside the car leans forward by inertia. And if protective devices are not used, then a person hits individual parts of the machine with great force. Sometimes the blow is so strong that the body breaks through the glass and is thrown out. Wearing a seat belt helps stabilize your torso during a collision and helps prevent serious injury or even death.

The fact is that the belt secures the torso of the driver or passenger. While his head and neck are minimally protected in the event of a collision. It is for such situations that an airbag is provided, which softens the force of the impact and minimizes the load on the neck. If during a collision the body is not secured with a belt, then it is pushed away from the airbag and hits individual elements of the car with force.

Fines for not wearing a seat belt

The Code of Administrative Offenses considers the following situations as violations:

• if the driver is not wearing a seat belt;
• if the protective device is not used by passengers;
• if a child under twelve years of age is transported in violation of the above requirements.

Below you will learn how to appeal a seat belt ticket. It must be borne in mind that responsibility for everything that happens in the car primarily rests with the driver. Therefore, it will bear negative consequences in any case, even if violations were committed by passengers. Thus, the law establishes that if there are unfastened passengers in the cabin or the driver himself does not use a belt, then a fine of one thousand rubles is imposed on him. Moreover, the amount of the penalty is not affected by the number of unbelted persons, and even if there are three passengers in the cabin, the fine will still be a thousand rubles. But at the same time, repeated prosecution is allowed within one day. Thus, during the journey, traffic police officers can repeatedly stop the car, and if any of the people in it are not wearing a seat belt, then a fine is issued separately for each fact.

Read about deprivation of rights for overloading a truck here.

If passengers do not use protective devices, they will be subject to a fine of five hundred rubles. Moreover, if there are several persons in the cabin who have violated the requirements of the law, then a separate protocol is drawn up for each passenger. Also, the traffic police officer may limit himself to a verbal warning.

The most significant fine is provided for moving children in violation of established rules. Therefore, it is in connection with this violation that the question most often arises of how to challenge a traffic police fine for a seat belt. It should be noted that in this case the driver is punished, even if he is not the child’s parent. A fine of three thousand rubles is imposed on him. The child is not subject to liability, since the minimum age for involvement under administrative law is sixteen years.

How to appeal a traffic police fine for wearing a seat belt

The traffic police fine for wearing a seat belt can be canceled by appealing the decision. This can be done within ten days after it is issued. Moreover, the driver must insist that the inspector provide him with a copy of the resolution and protocol right on the spot, as provided by law. After studying these documents, it will become clear how to challenge a traffic police fine for wearing a seat belt.

The basis for an appeal may be procedural violations, in particular, incorrect execution of the protocol or resolution, its preparation by unauthorized persons, etc. But most often, the reason for filing a complaint is the driver’s disagreement with the offense charged to him. In this case, he must necessarily record his written objections to the inspector’s actions in the protocol. Also, if the inspector did not present a photograph or video material, it should be indicated that there is no objective evidence of guilt other than the words of the inspector himself. If there were passengers in the cabin, then you need to mention them, indicating their data as witnesses who can prove the driver’s innocence.

Read about how to get your alcohol license back here.

A complaint against the decision can be submitted to the higher authorities of the traffic police officer who compiled the protocol, or to the court. In any case, it must be properly formatted. In the header you must indicate the name of the body to which it is submitted, as well as your full data, place of residence and contact telephone number. The text of the complaint indicates the details of the controversial resolution, including the place and time of its preparation, the name of the inspector, the nature of the offense and the amount of the fine.

Next, you should state the reasons why the applicant does not agree with the penalty imposed on him and provide evidence, if any. In particular, you can refer to witnesses who were inside the car. In the absence of evidence, it is recommended to base your legal position on the fact that the inspector has not provided any evidence of guilt. Accordingly, there are no grounds for prosecution. In conclusion, you need to ask for the decision to be cancelled.

How to avoid paying a fine

If a traffic police officer stops a car whose driver or passengers have not complied with seat belt requirements, there are several ways to avoid a penalty:

• First of all, the driver should ask the inspector to show him a photograph or video recording of the offense. If there is no written evidence, then we can safely say that no traffic violations were committed. And if the inspector draws attention to the unfastened seat belt, then it is necessary to object on the grounds that the car is not moving. Whereas the law provides for the mandatory use of seat belts only while the vehicle is moving. Also, the driver can always say that he unfastened his seat belt while the inspector was approaching the car to make it easier to get documents;
• if the traffic police officer does not agree with the drivers’ arguments, then a protocol should be required. And in the appropriate column for explanations, write the following: “I do not agree with the violation, because I used a seat belt while driving the car. The inspector did not provide any evidence of my guilt.” According to the law, it is the traffic police officer who must prove the guilt of the driver or passenger in committing a certain violation. And if guilt is not proven, then there are no legal grounds for prosecution;
• If, nevertheless, a decision was made to prosecute, it is recommended to consult with an experienced car lawyer on how to appeal a traffic police fine for a seat belt.

These tips will tell readers how to deal with a traffic police officer and how to appeal a seat belt ticket. But it must be remembered that this device is designed to ensure the safety of the driver and his passengers. And it is possible that their use will help avoid death or serious injury.

Video on how to appeal a seat belt fine

How to challenge a ticket for not wearing a seat belt?

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

The seat belt is one of the structural elements provided by the car manufacturer. If the design of the car does not contain such elements, the traffic rules requirement to fasten a seat belt may not be strictly observed. Punishment is established only under the following conditions:

• if an unfastened seat belt is detected while the vehicle is moving, since during parking, citizens are not required to comply with the specified traffic rules requirement;
• if the design of the car does not provide for seat belts (this is typical for certain categories of older models);
• 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 a mandatory requirement of traffic rules. Due to age characteristics, children under 12 years of age must be transported in a special seat with a restraint device, including using a seat belt. If the vehicle is not designed with seat belts, children should only sit in the rear seat.

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 the technical characteristics of the car 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.

What is the penalty for violation?

To impose sanctions for not fastening a seat belt, the law contains a special provision - 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 recorded in writing and 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 punishment 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 also be imposed on officials or an enterprise (for example, a motor 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 a protocol, the driver continues to drive in violation of traffic rules, he may be stopped again and again brought to justice. 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, he is given 60 days to voluntarily repay the fine. After this period, the fine is considered overdue, and the driver faces the following consequences:

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

Cases related to the imposition of a 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.

Complaint against a ruling for not wearing a seat belt. Sample

8 800 550 58 83 (03.00-12.00 Moscow time) [email protected]

Gubin Vitaly

Amur region

From Ivanov Ivan Ivanovich

Belogorsk, st. Ivanovskaya, 78 sq. 5

COMPLAINT

for a decision in the case of

administrative offense

By the resolution of the traffic police inspector of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia “Belogorsky” dated August 20, 2017, I was brought to administrative responsibility in the form of a fine in the amount of 1000 rubles for committing an administrative offense under Art. 12.6 of the Code of Administrative Offenses of the Russian Federation, for the fact that on August 20, 2017 at 15:30 in the area of ​​house No. ___________ on the street. Kirov in Belogorsk, drove a car ___________ (make, model) ______________ (state registration plate) without fastening a seat belt.

I consider the appealed decision to be illegal and unfounded, since I was wearing a seat belt; no evidence to the contrary was presented by the administrative prosecution in the case materials.

In accordance with Art. 24.1 of the Code of the Russian Federation on Administrative Offenses, the objectives of proceedings in cases of administrative offenses are a comprehensive, complete, objective and timely clarification of the circumstances of each case, its resolution in accordance with the law, ensuring the execution of the decision made, as well as identifying the causes and conditions that contributed to the commission of administrative offenses .

A person against whom proceedings are being conducted for an administrative offense has the right to familiarize himself with all the materials of the case, give explanations, present evidence, file petitions and challenges, use the legal assistance of a defense attorney, as well as other procedural rights in accordance with this Code (Part 1 Article 25.1 of the Code of the Russian Federation on Administrative Offenses).

According to Art. 28.6 of the Code of the Russian Federation on Administrative Offenses, if a person against whom a case of an administrative offense has been initiated, disputes the existence of an administrative offense event and (or) the punishment imposed on him, or refuses to pay an administrative fine at the place where the administrative offense was committed, a protocol is drawn up about an administrative offense.

Based on Art. 26.2 of the Code of the Russian Federation on Administrative Offences, evidence in a case of an administrative offense is any factual data on the basis of which the judge, body, official in charge of the case establishes the presence or absence of an event of an administrative offense, the guilt of the person brought to administrative responsibility, as well as other circumstances relevant for the correct resolution of the case.

These data are established by the protocol on an administrative offense, other protocols provided for by this Code, explanations of the person against whom proceedings are being conducted for an administrative offense, testimony of the victim, witnesses, expert opinions, other documents, as well as testimony of special technical means, material evidence.

By virtue of Art. 26.3 of the Code of the Russian Federation on Administrative Offenses, the explanations of the person against whom proceedings are being conducted for an administrative offense, the testimony of the victim and witnesses constitute information relevant to the case and communicated by these persons orally or in writing.

The explanations of the person in respect of whom proceedings are being conducted in a case of an administrative offense, the testimony of the victim and witnesses are reflected in the protocol on the administrative offense, the protocol on the application of a measure to ensure the proceedings in the case of an administrative offense, the protocol of the consideration of the case on an administrative offense, and, if necessary, are recorded and get involved in the matter.

A protocol on an administrative offense was drawn up against me for violating clause 2.1.2 of the Russian Federation Traffic Regulations. I did not agree with the accusation, indicating my disagreement with the violation in the protocol.

After drawing up a protocol on the administrative violation, the official issued a decision to bring me to administrative responsibility.

The official did not provide evidence to substantiate my guilt to refute my explanation; my arguments were not refuted.

In accordance with clause 3, part 1, art. 30.7 of the Code of the Russian Federation on Administrative Offenses, the court cancels the decision and terminates the proceedings in the presence of at least one of the circumstances provided for in Articles 2.9, 24.5 of this Code, as well as if the circumstances on the basis of which the decision was made have not been proven.

According to Parts 1 and 4 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.

Resolution of the traffic police inspector of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia “Belogorsky” dated August 20, 2017, according to which I was brought to administrative responsibility in the form of a fine in the amount of 1000 rubles for committing an administrative offense under Art. 12.6 of the Code of Administrative Offenses of the Russian Federation is cancelled, the proceedings in the case are terminated on the basis of clause 3 of Part 1 of Art. 30.7 of the Code of Administrative Offenses of the Russian Federation if the circumstances on the basis of which the decision was made are not proven.