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

What is the traffic police fine for an unbelted passenger in 2020?

In this article we will talk about the intricacies and features of the amount of the fine and its payment for not fastening a seat belt while driving in a car. In general, this point is regulated by only two articles. The first concerns the person driving the vehicle, and the second concerns the person sitting next to or behind. But everything here is not as simple as it seems at first glance.

What types of fines are provided for passengers?

There are several offenses and fines for them related to seat belts:

1. If the passenger does not fasten his seat belt - 500 rubles.
2. If a passenger sitting in the back row of seats does not fasten his seat belt - 500 rubles.
3. If the passenger pretended to have a seat belt fastened, but in fact just put it on top – 500 rubles.

Fine for an unbelted driver

If a person driving a car does not wear a seat belt and is caught red-handed by a traffic police officer, then as of 2019, he will be forced to pay a fine of 1 thousand rubles. You can check the exact information in Article 12.6 of the Code of Administrative Offenses of the Russian Federation.

Such a violation of traffic rules is recorded when the driver of any type of car, passenger car or truck, which can be driven on a public road, is not protected by a special belt, as indicated in the instructions.

Fine for an unbelted passenger

Since pedestrians and passengers in most cases have not graduated from driving schools or passed exams on knowledge of traffic rules, they are not aware of many of them and, in addition, do not think about their own safety.

There are reasons for this:

1. They did not memorize all the traffic rules, like people who took their license.
2. They don't have any special IDs.
3. They do not drive a car that is considered a source of increased danger.
4. They practically never encounter traffic police officers.

However, the norms of the Code of Administrative Offenses and Traffic Regulations establish provisions that protect the lives of both people in the car and those walking along the street. Therefore, if a traffic police officer sees that a passenger is sitting in a passing vehicle and he is not protected by a belt, then by law he can fine him 500 rubles. The amount of the fine is the same in all cases.

Moreover, it can be written out not only if a person was driving unprotected by a seat belt in the second row of seats in a car, but even if he was traveling in a taxi or on an intercity bus.

Fine for not wearing a seat belt in the back seat

If the design of the car provides that passengers located in the rear seats of the vehicle can fasten seat belts, but they do not do this, then this is classified as disregard for traffic rules. If this fact is discovered by a traffic police officer, the violator will have to spend 500 rubles from his own pocket. You can check this point in Article 12.29 of the Code of Administrative Offenses of the Russian Federation. But depending on the circumstances, instead of a fine, only a warning in written or oral format may be applied.

If a car has seat belts installed on all seats, then no matter where the passenger sits, he must fasten them. If this rule is violated, then a fine will be collected not only from the fellow traveler, but also from the person who was driving the car. Moreover, the second one will cost twice as much. This is indicated in Article 12.6 of the Administrative Code.

Fine for wearing a seat belt over the top

There are still disputes among car owners about the correctness of fastening a seat belt. For example, the belt is passed only over the head and the lumbar strap is omitted.

This situation is not explained in detail in the traffic rules. Although in the case of child car seats or other child restraint structures, it is indicated that everything must be done in accordance with the instruction manual.

As for motorists, if their body is clearly secured with a special strap and the instrument panel indicates that the belt is fastened, then there is in fact no administrative violation.

But the law in this case is clearly not on the side of the drivers. Most often, people have to incur financial losses to pay off the fine.

Is there a discount on the fine?

The only option to incur the cost of repaying a fine in a smaller amount is to pay it immediately. If you do this before the expiration of 20 days from the date of registration of the decision on violation of the traffic rules, then its cost will be halved. That is, when paying off a fine in the first days, a discount of 50% is provided in accordance with Article 1 of Law No. 437-FZ of December 22, 2014.

If a person does not agree with the legality of the issued decision, then he has 10 days to appeal it. This is stated in Article 30.3 of the Code of Administrative Offenses of the Russian Federation. If this action was not taken, then a specific period is allotted for payment of the fine - 2 months. Starting from the 21st day you will have to pay the full cost.

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

The traffic rules in paragraph 2.1.2 as of 2019 state that in a moving car, all people in it must wear a seat belt. And the person at the helm and all the other passengers. Failure to comply with this provision will result in administrative liability.

However, paragraph 5.1 states that passengers should protect themselves with a seat belt only if they are provided in the transport itself. Thus, if a person did not use them, but they are there, then a fine or a warning may be presented for the first time.

In 2019, if a passenger in a moving vehicle is not wearing a seatbelt, then not only he, but also the driver is to blame. But for these two categories of persons the amount of the fine is different. According to Article 12.6 of the Code of Administrative Offenses, the person driving will incur monetary costs in the amount of 1 thousand rubles, and the person sitting next to him or behind him will incur 500 (this is indicated in Article 12.9 of the Code of Administrative Offenses).

The collection of a fine from the driver is processed only once, even if there were several unbelted people in the vehicle. But at the same time, protocols are issued separately to each passenger.

Minibus taxis usually have restraints only at the driver's seat and the seat next to it. When driving this type of transport, you must use seat belts for their intended purpose. If this rule is violated, then neither the driver nor the passengers will be able to get rid of a fine. In the cabin, restraint devices are most often present only on routes that involve traveling from one city to another. In such a case, it is also important to drive with your seat belt fastened.

What is the fine for not wearing a seat belt in 2018 and who pays it, the passenger or the driver?

The traditional dislike of domestic drivers and passengers for seat belts is gradually becoming a thing of the past. The tightening of administrative penalties for this violation played a major role. Therefore, it will be useful for you to know what fine for driving without a seat belt in 2018 can be applied if the offense is proven.

What is the traffic police fine for not wearing a driver’s seat belt?

First of all, the driver must understand that he is responsible not only for himself, but also for each passenger. Therefore, it is worth paying attention to whether they are fastened or not even before driving.

The requirements for the mandatory use of seat belts with which the vehicle is equipped are set out in paragraph 2.1.2 of the current traffic regulations (general responsibilities of drivers):

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.

If we talk about how much the amount of the fine for not fastening a seat belt in 2018 differs from previously imposed administrative penalties, then it is worth turning to the current edition of the Code of Administrative Offenses of the Russian Federation.

The current Article 12.6 of the Code clearly defines the amount of penalties that can be applied to the driver in this case.

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.

It should be noted that the amount of the fine does not depend on the number of unbelted passengers. In any case, it cannot exceed 1000 rubles. But passengers will bear responsibility on their own, which we’ll talk about next.

Drivers should also take into account that an unfastened seat belt can cause passenger injury (harm to health) or death in traffic accidents. If this is proven during the investigation, then the person driving the car may be charged under Article 264 of the Criminal Code of the Russian Federation, which threatens with a real prison term. We present only excerpts from this article on the minimum and maximum punishment (points 1 and 6).

Violation of traffic rules or the operation of vehicles by a person driving a car, tram or other mechanical vehicle, resulting through negligence in causing serious harm to human health, is punishable by restriction of freedom for a term of up to three years, or by forced labor for a term of up to two years with deprivation of the right hold certain positions or engage in certain activities for a term of up to three years or without it, or by arrest for a term of up to six months, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it .

An act provided for in part one of this article, committed by a person in a state of intoxication, resulting in the death of two or more persons through negligence, is punishable by imprisonment for a term of four to nine years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. .

As you can see, the punishment is quite severe, and it gives serious food for thought about whether it is worth refusing to use a seat belt.

Fine for not fastening a passenger's seat belt

Passengers of any vehicle should not think that they will not face any punishment for this seemingly trifle. Just like a pedestrian, a passenger has a number of responsibilities, which are defined in Chapter 5 of the current Traffic Rules.

Thus, Article 5.1 clearly defines the need to fasten seat belts if the vehicle is equipped with them

5.1. Passengers are obliged to:

when traveling in a vehicle equipped with seat belts, be wearing them, and when riding a motorcycle, wear a fastened motorcycle helmet.

You shouldn’t even think about who pays the fine if the passenger’s seat belt is not fastened. The driver will be responsible for his violation, and the passenger will have to pay on his own. The amount of the penalty is determined by Article 12.29 of the Code of Administrative Offenses (Part 1):

Violation of the Traffic Rules by a pedestrian or passenger of a vehicle shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.

Therefore, all passengers should wear seat belts, regardless of the type of vehicle or the location in which it is located. Of course, there are practically no precedents when city transport passengers are fined, but this does not relieve you of responsibility. And the claims that the traffic police officer will present to you will be completely legal and justified. Believe me, the fine for not wearing a seat belt in the back seat will be no different, and they will give you it quite fairly.

Possible actions to challenge the imposition of an administrative penalty

We draw your attention to the above-mentioned paragraph 2.1.2 of the traffic rules. It quite definitely says:

It does not indicate that you must be buckled up during a stop, even a short one (for example, when stopping at the request of a traffic police officer). It is on this fact that it is advisable to protect your rights.

We also draw your attention to the presumption of innocence, which has not been canceled. Remember the provisions of Article 1.5 of the same Code of Administrative Offenses of the Russian Federation:

A person is subject to administrative liability only for those administrative offenses for which his guilt has been established.

A person against whom proceedings are being conducted for an administrative offense is considered innocent until his guilt is proven in the manner prescribed by this Code and established by a decision of the judge, body, or official who examined the case that has entered into legal force.

A person brought to administrative responsibility is not required to prove his innocence, except for the cases provided for in the notes to this article.

Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.

Note. The provisions of Part 3 of this article do not apply to administrative offenses provided for by Chapter 12 of this Code, and administrative offenses in the field of landscaping, provided for by the laws of the constituent entities of the Russian Federation, committed using vehicles or by the owner, owner of a land plot or other property, in the case of recording these administrative offenses using special technical means operating automatically, having the functions of photography, filming, video recording, or means of photography, filming, and video recording.

As you can see, the main evidence of a violation can only be photo or video recording. Therefore, if a traffic police officer claims that you were driving without a seat belt fastened, it is recommended to adhere to the following defense tactics:

Demand to show a photo or video recording of the violation. If there is not one, then there is a real opportunity not to pay the fine. If there is still a fixation, then you should not complicate the situation and agree with the accusation.

When parking or stopping, you have every right to be in the car without a seat belt fastened. You are not forbidden to remove it in order, for example, to get documents, or even just to breathe freely. Remember that you unfastened it only after a complete stop, while the inspector was approaching you.

Demand that a protocol must be drawn up, in which you have the right to leave a note in the following form: “I do not agree with the protocol, I did not violate any traffic rules. While the car was moving, I was wearing a seat belt, no evidence to the contrary was provided to me, therefore, my guilt has not been proven.”

In most cases, this will already be enough for the court to recognize your innocence. But still, if the case is transferred to proceedings, you should use the services of a professional lawyer. Only he will be able to understand any nuances of the case and provide effective assistance. And it’s best to avoid violating the requirements of the current Traffic Rules; your health and life may depend on this.

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

I have heard different answers to the question “Who pays the fine for an unbelted passenger?” Who actually pays – the driver or the passenger himself?

The correct answer is driver and passenger.

Subclause 2.1.2 of the Traffic Rules stipulates the obligation for the driver, when driving a vehicle equipped with seat belts, to be fastened and not to carry passengers who are not wearing seat belts.

In accordance with paragraph 5.1 of the Traffic Rules, a passenger is required to wear a seat belt when traveling in a vehicle equipped with seat belts.

Therefore, the driver pays for transporting passengers who are not wearing seat belts, and the passenger pays for not wearing a seat belt in violation of traffic regulations.

The fines are, of course, different.

The driver pays a fine under Art. 12.6 Code of Administrative Offenses of the Russian Federation = 1000 rubles.

Passenger under Part 1 of Art. 12.29 of the Code of Administrative Offenses of the Russian Federation receives a warning or pays a fine = 500 rubles.

As they say, everyone pays for their violation.

Therefore, it is better to buckle up yourself and ask your passengers to buckle up! 🙂

See also:

Comments

Hello!
This is the situation, today we were stopped at the border post. (I’m not the driver, another person was driving and I, as a passenger, was sitting opposite) we were without a belt, they accordingly began to write a report to him, then they asked me for an identification document (that is, a passport), as if to check who we were and where we were coming from. I he said that there was no passport, only a driver’s license, they asked to see it and I gave them a driver’s license, they began to write a report, they wrote me a fine of 1500 (although the article of the Code of Administrative Offenses 12.6 clearly states that the fine from the driver is 1000 rubles and from the passenger 500 rubles. Even if this is from the passenger it will be 1000 rubles, I don’t understand where they got the 1500 rubles fine when I’m just not a seatbelt passenger)

I said that I would not sign anywhere, they replied that this was my full right and wrote another protocol stating that I refused to sign... Then I took the protocol and began to photograph what they wrote and they immediately took the protocol away saying you can’t take pictures and did not give a copy of the protocol ...Do they have the right to take a passenger’s driver’s license and issue a fine of 1,500 rubles? What to do in this situation? What do I need to do?

Unfastened seat belt: legal consequences after an accident

Let's first define two main points:

1. Everyone should always wear a seat belt in a car;

2. Rear passengers need to wear seat belts too.

Arguments of opponents

I had one friend who, when driving, never buckled up. And being a passenger in my car, he always reluctantly put on his seat belt, just out of respect for me, or maybe he just didn’t want to wait for the car to stop “squeaking.”

I asked him thousands of times: “Why don’t you buckle up? What, seat belts were invented for beauty? Don’t you understand that this is your safety?” To which he replied: “Yes, I understand everything perfectly and I know that I’m wrong, and I completely agree with you, but here’s something... well, I just can’t... I feel somehow uncomfortable.”

After which I realized that our argument with him was useless. If a person is not comfortable in safety, then how? There are people who know how to learn from the mistakes of others, and there are people like my friend who learn only from their own. When he got into an accident with a truck, in which he and his passenger (both unbelted) miraculously survived, he finally began to buckle up.

Hopefully, not everyone will need such an example to become conscious about wearing seat belts. Therefore, I will conduct a small legal educational program.

Especially for skeptics who neglect seat belts on the second row, here is the following video:

New fines for not wearing a seat belt

Passengers, in accordance with traffic regulations, are required to wear them when traveling in a vehicle equipped with seat belts. The fine for not fastening a seat belt is 1,000 rubles.

Who pays the fine if the passenger does not wear a seat belt?

According to clause 2.1.2 of the traffic rules, the driver must wear a seat belt and not carry passengers who are not wearing seat belts. Accordingly, the driver pays 1,000 rubles for himself or for a passenger, and the size of the fine does not depend on how many people in the car did not use seat belts. In any case, the fine will be the same 1,000 rubles.

However, passengers will not go unpunished. According to clause 5.1 of the traffic rules, passengers must wear them when traveling in a vehicle equipped with seat belts. A fine of 500 rubles is imposed separately on each passenger or a warning is issued in writing.

What to do if the car does not have seat belts?

If the rear of the car is not equipped with seat belts by the manufacturer, but there are special elements for installing them (for example, brackets), that is, the design of the car provides for independent installation of belts, then the driver and passenger can still be punished. It is believed that the driver was required to install seat belts himself. If the design of the car does not provide for independent installation of belts at all, then you have no right to punish.

Responsibility for not wearing a seat belt

Recently, my friends and I were riding in a taxi, and the driver asked us all to buckle up, even those who were driving behind. He justified this by saying that he did not want to pay fines for us. We were surprised by this behavior because most taxi drivers only ask those sitting in the front to wear seat belts. Although the obligation to wear a seat belt is assigned to each passenger if his seat is equipped with special seat belts. And I began to wonder who should pay the fine in such a situation. After all, it was the driver who violated the traffic rules, not the passenger himself, which is why the driver is also held accountable. And now we will analyze this in detail.

Legislation

The basic requirements for transporting passengers in personal vehicles are enshrined in the traffic rules. Not only the drivers themselves, but also other people who use any personal vehicle for their own purposes are required to know them. The rules provide for the following 2 important points:

1. The driver must always wear a seat belt . But besides this, it should not transport people who are not fastened with existing seat belts. This is enshrined in clause 2.1. Traffic rules
2. Passengers themselves are required to wear seat belts if their seat is equipped with them. This is indicated in clause 5.1 of the traffic rules.

Accordingly, the rules establish that this obligation is provided for the driver and other people who are in the car with him. And this is regulated by various points of the rules. Therefore, responsibility will be imposed on two violators at once.

Responsibility

The penalties themselves for violators will be different. The driver is subject to a fine of 1,000 rubles. While the passenger may receive a warning. But the maximum liability for him will be a fine of 500 rubles. The listed penalties are provided only for adult passengers.

Such a violation in relation to a minor entails much stricter liability. If a child travels in a car unbelted, the responsibility will be as follows:

• 3000 rubles for ordinary drivers;
• 25,000 rubles for officials obliged to monitor the fulfillment of official obligations by their employees;
• 100,000 rubles for organizations.

Thus, an identified violation for a taxi employee can cost the company a fairly large sum. In addition, the driver himself will be fined, as well as his manager, who did not sufficiently control the fulfillment of labor obligations by his employee.

It is important to know that transporting children means not only the obligation to fasten them with seat belts. But this also includes the requirement to use mandatory constructions until the child reaches a certain age. You can learn more about this from the video presented.

Options for children's designs

The main purpose of their use is to create comfortable and safe conditions for the baby when driving in vehicles. And since the child’s growth does not always allow him to fully fix his correct position on the seat, special technical designs have been developed. The traffic rules do not set strict restrictions on them, but only suggest possible ways to restrain the baby. Such technical means include:

• special chairs designed for different ages and weights of children;
• child seat belts , allowing you to properly fasten your child;
• adapters for adults that help adapt an existing belt to a child.

All of them are necessary so that at the time of an accident the child is correctly secured in his place, and the belts provide the necessary assistance in such a situation. Each device has its own age. Special chairs are usually used for up to 3-5 years. Since they are the most convenient for transporting such small children. For babies under one year old, special cradles are more often used, since during this period they cannot yet be in a sitting position on their own.

At older ages, adapters or special child belts are used to help correctly secure the child’s body position in a regular car seat.

The requirement to use such technical means applies only to children. The need for their use disappears after the teenager reaches 12 years of age. From this age, it is considered that children have reached the required height and regular belts are enough for them. Therefore, the liability for their unsafe transportation is, as for an adult, 1000 rubles. But since a teenager under 16 years of age cannot receive administrative liability, a fine is imposed only on the driver. The most interesting thing is that the parent is also exempt from paying (provided that he is not the driver).

It is important to know some of the features provided for by law when making this decision:

1. The driver will be fined only 1000 rubles , regardless of the number of violators in his car. But each passenger pays for himself.
2. For this violation , you can receive an unlimited number of fines if the driver continues to drive without seat belts, or his passengers continue to not wear seat belts.
3. The obligation to wear seat belts is not limited to those sitting in the front of the car. Everyone who has a seat with special belts must wear a seat belt.

The law provides for some injustice, since the passenger can only receive a warning, but the driver is required to pay a fine. Therefore, the driver is interested, first of all, in monitoring that everyone is wearing seat belts according to the rules.

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:

1. 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.
2. Disabled people , regardless of their group.
3. 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.

The need to wear seat belts is established by law in order to protect the health and lives of road users. This need was established by conducting multiple crash tests, where it was proven more than once that the belt can save the driver and passenger during many collisions. Therefore, by violating this legislation, you, first of all, put your health and life at risk. In this regard, I recommend:

1. Get into the habit of wearing your seat belt always and everywhere, even if you are traveling short distances . And also require compliance with this rule from your passengers. On the road, not everything always depends only on you. There are situations that you cannot control and avoid, even if you are an experienced driver.
2. Be sure to use child restraints . They are the most vulnerable in road accidents.

I also want to tell you what to do if a traffic police inspector reveals a violation of this legislation. According to the law, the obligation to use seat belts is provided only when driving vehicles. If you stop and then unbuckle, it is not a violation. And accordingly, if the inspector does not have a video or photograph that you were driving without seat belts, this violation can be easily challenged.

Just tell him that you were wearing your seat belt and only unfastened your seat belts now to get your documents. If he insists on issuing a fine, let him know that you do not agree and will also challenge this decision. Then he will be forced to draw up a protocol, not a resolution. And in most cases, the case will be decided in your favor.

As practice shows, many traffic police officers do not issue a report at all, but release the driver.

But you must remember that if you do not follow this rule, the consequences of the accident will be much worse. And you will suffer, not the inspector. Also, do not forget that the driver is always responsible for his passengers, even criminally.